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Originally posted by Kali74
including any person who has committed a belligerent act
this is the part im getting stuck on...what is considered a belligerent act?
Subtitle D--Detainee Matters
SEC. 1031. AUTHORITY TO DETAIN UNPRIVILEGED ENEMY BELLIGERENTS CAPTURED PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
(a) In General- The Armed Forces of the United States are authorized to detain covered persons captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) as unprivileged enemy belligerents pending disposition under the law of war.
(b) Covered Persons- A covered person under this section is any person, including but not limited to persons for whom detention is required under section 1032, 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) Long-term detention under the law of war without trial until the end of hostilities against the nations, organizations, and persons subject to 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) Constitutional Limitation on Applicability to United States Persons- The authority to detain a person under this section does not extend to the detention of citizens or lawful resident aliens of the United States on the basis of conduct taking place within the United States except to the extent permitted by the Constitution of the United States.
SEC. 1032. REQUIRED MILITARY CUSTODY FOR MEMBERS OF AL-QAEDA AND AFFILIATED ENTITIES.
(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) in military custody as an unprivileged enemy belligerent pending disposition under the law of war.
(2) APPLICABILITY TO AL-QAEDA AND AFFILIATED ENTITIES- The requirement in paragraph (1) shall apply to any covered person under section 1031(b) who is determined to be--
(A) a member of, or part of, al-Qaeda or an affiliated entity; and
(B) a participant 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(c), 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) Requirement Inapplicable to United States Citizens- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
(c) Effective Date- This section shall take effect on the date of the enactment of this Act, and shall apply with respect to persons described in subsection (a)(2) who are taken into the custody or brought under the control of the United States on or after that date.
Originally posted by Mizzijr
This is how a true dictatorship starts.
No matter what, we CAN NOT let this pass.
If we stand by and let something like this happen, then we will be trailing the same path as Germany. back in the early 1900s.
This is the test we HAVE to pass, failure is not an option.
Originally posted by Gridrebel
I looked up: National Defense Authorization Act
This is a military funding bill which is voted on and passed EVERY YEAR since 1986. It has been voted on since it’s inception in 1985:
thomas.loc.gov...:SN02638:@@@L&summ2=m&
Bill Summary & Status
99th Congress (1985 - 1986)
S.2638
All Information
S.2638
Latest Title: National Defense Authorization Act for Fiscal Year 1987
Sponsor: Sen Goldwater, Barry [AZ] (introduced 7/8/1986) Cosponsors (None)
Related Bills: H.RES.591, H.R.4428, S.2132, S.2199, S.2218, S.2641, S.2642
Latest Major Action: 11/14/1986 Became Public Law No: 99-661.
********************** *********************
www.govtrack.us...
S. 1298: National Defense Authorization Act for Fiscal Year 1994
103rd Congress: 1993-1994
An Act to authorize appropriations for fiscal year 1994 for militray activities of the Department of Defense, for militray construction, and for defense programs of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.
****************************** ****************************
thomas.loc.gov...:H.R.2461.ENR:
H.R.2461 -- National Defense Authorization Act for Fiscal Years 1990 and 1991 (Enrolled Bill [Final as Passed Both House and Senate] - ENR)
************** ********************* *****************
www.gpo.gov...
112TH CONGRESS
1ST SESSION S. 1867
To authorize appropriations for fiscal year 2012 for military activities of
the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes.
*************** ***************************** ***************
This is what I did not find in any of the above sites.
“Sec 962” or "The worldwide indefinite detention without charge or trial provision"
If one were to look in the current 682 page bill and all the prior bills, "The worldwide indefinite detention without charge or trial provision" it is not there. A google search will lead to many results with the identical “ring around the rosy” chase your tail information. I haven’t figured out where the original “scare” came from. I think somebody is putting words in another’s mouth trying to scare monger and stir the pot.edit on 25-11-2011 by Gridrebel because:
Originally posted by Heyyo_yoyo
Well if this is to be the language used if this bill becomes law:
(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 force
We now have before us a very disturbing precedent being set, and that is RETROACTIVE LEGISLATION... something they researched so hard to accomplish in the case of Julian Assange but failed to connect the dots for...
This makes it legal now, to create retroactive punishment, for laws broken that have not been introduced and ratified yet.
Originally posted by xuenchen
The ACLU has been involved in many court cases since the 1920's.
from this list: ACLU Cases
can anyone find anything where the ACLU may have deliberatly "swayed" a case in favor of a specific agenda that may still have, or have had, a negative impact on the majority of American citizens?
The ACLU has a reputaion of leaning 'Left' while supporting 'Right' behind the scenes.
The ACLU was involved in this famous case:
ACLU Scopes Trial ("The Monkey Trial")
Originally posted by Frira
Originally posted by Mizzijr
This is how a true dictatorship starts.
No matter what, we CAN NOT let this pass.
If we stand by and let something like this happen, then we will be trailing the same path as Germany. back in the early 1900s.
This is the test we HAVE to pass, failure is not an option.
Please name a nation with a more relaxed law.
Originally posted by Biohazard_Video
Originally posted by Frira
Originally posted by Mizzijr
This is how a true dictatorship starts.
No matter what, we CAN NOT let this pass.
If we stand by and let something like this happen, then we will be trailing the same path as Germany. back in the early 1900s.
This is the test we HAVE to pass, failure is not an option.
Please name a nation with a more relaxed law.
Fiji...
Originally posted by Frira
Originally posted by Biohazard_Video
Originally posted by Frira
Originally posted by Mizzijr
This is how a true dictatorship starts.
No matter what, we CAN NOT let this pass.
If we stand by and let something like this happen, then we will be trailing the same path as Germany. back in the early 1900s.
This is the test we HAVE to pass, failure is not an option.
Please name a nation with a more relaxed law.
Fiji...
I am surprised that Fiji has ANY law regarding enemy combatants-- especially since the Coup of 2006, as I believe it has been under Military Rule despite its Constitution forbidding it.
But, perhaps you are aware of something I am not. Let's compare.
Your turn:
* What is the legal disposition of prisoners of war captured by lawful Fijian troops on a battlefield?
* Please specify how the Fijian law is distinguished from that of the proposed US bill.
I believe your are in check, can I get a ruling?
Originally posted by Biohazard_Video
As an American Muslim, I'm not surprised. I've posted on other forums about the unfair nature of the illegal detainment of American Muslims, a friend of mine was "detained" for no reason for 6 months then released without explanation or apology. He lost his job and family, because he was denied any communication or legal counsel. I wrote about how when this happens to Christian and Jewish Americans everyone will all of a sudden see the injustice in these events... SURPRISE!!!
My Christian and Jewish brothers, welcome to my world.
To clarify, I was born on a US Army base to American Citizens. Half my family was wiped out by Nazis in WW2 the other half is Roman Catholic. I'm about as white Anglo as you get, Raised in the Pacific Northwest. The friend I spoke of was just as white as me, didn't even remotely look Middle Eastern.
Now, can we all finally band together as one family of God and get those Godless tyrants out of office with one voice?