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Military Detention Bill


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When I read:

 

"The 2012 Defense Department Authorization bill that the Senate is working on this week contains a provision that would authorize the U.S. military to indefinitely detain, without charge or trial, anyone they consider to be engaged in hostilities against the United States. The provision would not restrict military detentions to people in specific countries or regions of the world and would apply to U.S. citizens living within the United States"

 

....so I say - NO

 

I thought we have rights as US citizens!

 

GG ~ :FlagAm:

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This will definitely be knocked down by the SCOTUS....

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I have bullets poured and cases clean.

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Guest Tennessee Stud, SASS# 43634 Life

This will definitely be knocked down by the SCOTUS....

 

 

Yeah... but Sgt. Smoke Polecat.... I would NOT want to be the test-case.

 

U.S. vs Stud....

 

ts

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Sounds to me like they worried about us boys out in "fly over country" that don't much care for what they are doing to our country. This is the kind of thing that happens in dictator run 3rd world countries.

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I need to do some research on this before I run up the skull and crossbones.

I'm getting too old to get my BP up unnecessarily. I'll do some digging and call my congressman in the morning.

I see lots of blogging about it but few official references.

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Yeah... but Sgt. Smoke Polecat.... I would NOT want to be the test-case.

 

U.S. vs Stud....

 

ts

 

 

Me either, Brother.....

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The provisions are "inartfully drafted" but make constant reference to the Law of War. Those principles will limit the language proposed.

 

Under current law, as I understand it, if you are a "combatant" then you are subject to detention, if captured, until the end of hostilities. You may have a right to challenge the determination of "combatant" but that would be about all. If you are charged with a violation of the Laws of War then that would be a separate matter. There is well established precident to deal with such charges.

 

Under traditional law an American citizen bearing arms against the U.S. would have been charged with Treason.* That, however, presumed a legal state of "war" existed between the U.S. and some sovereign and the Citizen was actively engaged in the service of that sovereign. Since the enemy we now face has no "flag" there can be no "war" as it was envisioned under the Constitution. This has created a very difficult "grey zone" where there appears to be little applicable law.

 

IMO it's time to rethink the definition of "war." The last "war" was WWII. Since 1945 we've engaged in major combat on at least a half dozen occasions. We have sustained, and caused, hundreds of thousands (perhaps even millions) of casualties. We are, even now, deploying very large formations of troops to foreign nations. We are sending armed incusions into countries with which we have normal diplomatic relations. If law should follow experience then we should acknowledge that a state of "war" may exist between the U.S. and non-sovereign entities. This can lead to some very messy situations and Congress needs to be part of the solution in drafting appropriate legislation to make such a definition and impliment it. In no way should we allow this to become some sort of Executive fiat.

 

This is an area where some serious thinking needs to be applied.

 

SQQ

 

*"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort." U.S. Constitution, Art. III, Sec. 3.

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I would think that they're trying to close a loophole so that the military has authority over "home grown" terrorists. In this way you wouldn't have the Justice Dept wanting to hold trials in New York City.

 

Just my two cents.

 

Barry Sloe

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From an AP news story about the military appropriations bill passed by the Senate:

 

"The legislation also would deny suspected terrorists, even U.S. citizens seized within the nation's borders, the right to trial and subject them to indefinite detention. Senate Intelligence Committee Chairman Dianne Feinstein, D-Calif., had sought an exception to the provision for U.S. citizens, but her effort failed, 55-45."

 

 

http://news.yahoo.com/senate-approves-662-billion-defense-bill-012555722.html

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From an AP news story about the military appropriations bill passed by the Senate:

 

"The legislation also would deny suspected terrorists, even U.S. citizens seized within the nation's borders, the right to trial and subject them to indefinite detention. Senate Intelligence Committee Chairman Dianne Feinstein, D-Calif., had sought an exception to the provision for U.S. citizens, but her effort failed, 55-45."

 

 

http://news.yahoo.com/senate-approves-662-billion-defense-bill-012555722.html

Check out this article on Wired.com.

 

Senate Wants the Military to Lock You Up Without Trial

http://www.wired.com/dangerroom/2011/12/senate-military-detention/

 

he quotes from this

http://www.lawfareblog.com/2011/12/does-the-ndaa-authorize-detention-of-us-citizens/

which I find more worrying than the news reports as the author seems to know what he is talking about

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This has already been done!

 

Your "honest" Abe ordered the military to "arrest" the legal elected Legislators of the State of Maryland! War of Northern aggression

 

And US citizens of Aisian decent were taken from their homes and put in "relocation" camps during WW II

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The Posse Commitatus Act does have "loopholes." (Where's Mr LaRue~?) :rolleyes:

 

However...! Unless I'm missin' sumpin' this is addressed in the last sentence:

 

SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.

 

(a) Custody Pending Disposition Under Law of War-

(1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.

(2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 who is determined--

( A ) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and

( B ) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.

(3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1031©, except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.

(4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.

( B ) Applicability to United States Citizens and Lawful Resident Aliens-

(1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.

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