Indefinite Detention | Battlefield Earth
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- BrokenHD
In regards to this year's N.D.A.A. H.R. 1540 - Section 103, which passed the house and senate and is about to be signed into law:
Is a unprecedented, historical attack on our civil liberties in this country considered a "Politics" only subject? And, if someone already dedicated a thread to this, the search thing sucks—forgive me.
I can't believe this isn't at least a top 24 topic on here today.
http://jonathanturley.org/2011/1…
Happy Birthday, Bill [of Rights]: Obama Breaks Promise To Veto Bill Allowing Indefinite Detention of Americans
From the link above:
"...At least Senator Lindsey Graham was honest when he said on the Senate floor that “1031, the statement of authority to detain, does apply to American citizens and it designates the world as the battlefield, including the homeland.”
I am not sure which is worse: the loss of core civil liberties or the almost mocking post hoc rationalization for abandoning principle. The Congress and the President have now completed a law that would have horrified the Framers. Indefinite detention of citizens is something that the Framers were intimately familiar with and expressly sought to bar in the Bill of Rights. While the Framers would have likely expected citizens in the streets defending their freedoms, this measure was greeted with a shrug and a yawn by most citizens and reporters. Instead, we are captivated by whether a $10,000 bet by Romney was real or pretend in the last debate.
Even more distressing is the statement from sponsor Senator Levin, Chairman of the Armed Services Committee that “The language which precluded the application of Section 1031 to American citizens was in the bill that we originally approved ... and the administration asked us to remove the language which says that U.S. citizens and lawful residents would not be subject to this section.”
- BrokenHD0
without further adieu...
Section 1031:Subtitle D–Detainee Matters
SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.
(b) Covered Persons- A covered person under this section is any person as follows:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
(c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:
(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).
(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.
(d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
(e) Authorities- Nothing in this section shall be construed to affect existing law or authorities, relating to the detention of United States citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States.
(f) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be ‘covered persons’ for purposes of subsection (b)(2).
- BrokenHD0
Someone asked a social network today: "How's that any different than the way things are now??? We're allegedly all "innocent until proven guilty" but because people have the burden to prove their innocence, it's more like "guilty until proven innocent". So like I said, what's changed???
To which i replied: What's changed is they are now authorized to use the US military as a domestic police force. (which cancels Posse Comitatus, something that has been protecting US citizens since 1878). The US is now considered a "battleground" in the war on terror. They can now detain you (a US citizen) indefinitely without charge or trial, i.e Abu Ghraib you). And, because the President already has the authority to directly order assassinations in the "war on terror," he can execute you—all without trial. That's what's changed, over a century of constitutional law.