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View Diary: Arrest McCain and Levin Now. Senate to Vote on Military Detention of Americans. (177 comments)

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  •  From the ACLU link (37+ / 0-)

    http://www.aclu.org/...

    Don’t be confused by anyone claiming that the indefinite detention legislation does not apply to American citizens. It does. There is an exemption for American citizens from the mandatory detention requirement (section 1032 of the bill), but no exemption for American citizens from the authorization to use the military to indefinitely detain people without charge or trial (section 1013 of the bill). So, the result is that, under the bill, the military has the power to indefinitely imprison American citizens, but it does not have to use its power unless ordered to do so.

    But you don’t have to believe us. Instead, read what one of the bill’s sponsors, Sen. Lindsey Graham said about it on the Senate floor: “1031, the statement of authority to detain, does apply to American citizens and it designates the world as the battlefield, including the homeland.”

    48forEastAfrica - Donate to Oxfam "Compassion is the radicalism of our time." ~ Tenzin Gyatso, 14th Dalai Lama -7.88, -6.21

    by Siri on Mon Nov 28, 2011 at 05:29:28 PM PST

    [ Parent ]

    •  The considered opinion of the Senior Legislative (12+ / 0-)

      Counsel for the Washington office of the National ACLU is enough for me.  I'm prone take his word for it.  Chris Anders is also a national hotshot in GLBT legal rights and issues.    

      He's a smart cookie.  When he talks, you should listen.

    •  OK, upon visiting 1031, I can certainly see (6+ / 0-)

      the problems with the law having been based upon the notoriously hinky AUMF rules and Military Commissions Act.
      Back and back and back we go.

      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 in subsection (b)) pending disposition under the law of war.
       (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) 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).

      Sec. 1031 and its deferences to the AUMF and the MCA is the problem. US citizens and legal aliens are either exempt or they are not, and this is what I'll question Bill Nelson about on my day to call.

      #Occupy, exposing the US police state to the world.

      by OleHippieChick on Mon Nov 28, 2011 at 06:56:07 PM PST

      [ Parent ]

    •  thanks, that explains it (2+ / 0-)
      Recommended by:
      Siri, OleHippieChick

      The real problem is section 1013, not 1032, then.

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