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I'm not a big fan of John Stewart, but he's entitled to his apparently fear-laden opinion.
Section 1032
(1) UNITED STATES CITIZENS.—The require
ment to detain a person in military custody under
19 this section does not extend to citizens of the United
20 States.
Never mind - I tinkered with it and found where it is - it's just not listed in the index. That by itself seems a little strange
Representative Simpson:
I am writing you to voice my strong opposition to HR 1540, the National Defense Authorization Act. Specifically, sections 1031 & 1032 cause the gravest of concerns, due to the ambiguously worded inclusion of American citizens as subject to the new "indefinite detainment" powers.
The two sections apply the definition of a covered person (in relation to detention) to any American who commits a belligerent act...an undefined and open-ended offense. The citizen (and legal alien) is unprotected from military detainment, and unprotected from any civilian or contract detainment. Furthermore, the sections do not preclude the transfer of the citizen to foreign countries or entities.
HR 1540 presents a real and unacceptable threat to the American people from broad and overreaching interpretation.
Specifically:
s. 1031(b)(2): ...including any person who has committed a belligerent act...
"Any person" includes Americans, whereas other provisions of s.1031 more specifically target foreign terrorist organizations members and supporters. A belligerent act is also extremely open-ended. Where does that definition start and end, exactly? Who decides what is belligerent?
s. 1031(c)(1): ...Detention under the law of war without trial... The phrase should inspire loathing from any American, terrorism notwithstanding. It is unconstitutional and unamerican on every level.
s. 1031(c)(4): ...Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity. This does not exclude Americans from transfer, important in the context of s. 1032:
s. 1032(a)(4)(b)(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.
Americans are not exempt from military custody at all. They are exempt from the requirement of said detainment. The military is not precluded from detaining a citizen should they choose to.
Furthermore civilian and contract custody are not addressed at all, and s.1031(c)(4) does not preclude transfer of citizens in private or civilian custody to foreign countries or 'entities'.
The potential threat that this resolution poses to the American people and their liberty is grave. With all due respect, none of us should trust our government to interpret ambiguous law. Law should be crystal clear in its scope and definition.
If there ever was a moment to stand for something, to pick a side, this is it. Don't quietly vote against this resolution, battle against this bastardized excuse for American law. Tell your constituents what your colleagues are doing; wake the people to this insanity. Don't leave your mark on history as a passive player watching from the sidelines. Stand up and use you voice and protect the people of this state and this nation.
Respectfully,
Originally posted by Vitchilo
Don't you get it... if John Stewart, who lick Obama boots for 3 years straight now is pissed at Obama for that, you know it's bad. You don't need to read the bill.
Let's explain it again...
Section 1032 :
Section 1032
(1) UNITED STATES CITIZENS.—The require
ment to detain a person in military custody under
19 this section does not extend to citizens of the United
20 States.
It only says the REQUIREMENT to arrest citizen using the army doesn't apply to US citizens. That means they are not REQUIRED TO every time... but they CAN do it.
I'm telling you, LAWYERS wrote that bill so it would be written weird so most people wouldn't understand it.
Never mind - I tinkered with it and found where it is - it's just not listed in the index. That by itself seems a little strange
Yeah just a LITTLE strange uh?
Eh, I don't care, keep denying reality even when congressmen, senators, lawyers, rights activists and former attorney generals tell you it applies to American citizens... it's your choice.
Originally posted by bekod
reply to post by nenothtu
agreed, now should we see what laws on the books to see if this is stoppable or should we just let the cards fall, and see how they play out?
and to petition the Government for a redress of grievances, so far all calls and letters to the senate and house have failed 1031 1032 are still in the HR 1540 bill this also jeopardizes the right of the people peaceably to assemble, Hostile and belligerent act do not rule out use of language thus abridging the freedom of speech and jeopardizes the right of freedom of speech. Have they, Congress, gone to far? Should the law be used now to bring charges of "T"? before one starts writing letters and such one must warned for it could come back and bite you big time legal-dictionary.thefreedictionary.com... For using the T act is not going to easy nor is it proved T act legal-dictionary.thefreedictionary.com...
The First Amendment to the U.S. Constitution reads:
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