Good Morning.
I am genuinely hoping that you will respond to this post. As a side note,
last week, we had Crackpots and Moonbats claiming that this piece of
legislation, (which is renewed every year since 1961, with various
modifications) was setting up camps to imprison American citizens, (I
assume Ron Paul supporters) until level heads pointed out to these
Moonbats and Crackpots that the legislation didn't say anything of the
sort.
What in particular, are you, and others who oppose this legislation,
opposed to? Here is the section that you reference, (which by the way,
does not say what you claim it says). I suggest that all of the Moonbats,
and all of the Crackpots read the legislation before they listen to other
Crackpots and Moonbats, and get their proverbial panties in a wad:
Subtitle D--Counterterrorism
SEC. 1021. 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; 50 U.S.C. 1541 note) 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).
SEC. 1022. MILITARY CUSTODY FOR FOREIGN AL-QAEDA TERRORISTS.
(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 1021 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 1021(c), except that no transfer otherwise described in paragraph
(4) of that section shall be made unless consistent with the requirements
of section 1028.
(4) WAIVER FOR NATIONAL SECURITY- The President may waive the
requirement of paragraph (1) if the President 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.
(2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in
military custody under this section does not extend to a lawful resident
alien 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.
(c) Implementation Procedures-
(1) IN GENERAL- Not later than 60 days after the date of the enactment
of this Act, the President shall issue, and submit to Congress,
procedures
for implementing this section.
(2) ELEMENTS- The procedures for implementing this section shall
include, but not be limited to, procedures as follows:
(A) Procedures designating the persons authorized to make determinations
under subsection (a)(2) and the process by which such
determinations are to
be made.
(B) Procedures providing that the requirement for military custody under
subsection (a)(1) does not require the interruption of
ongoing surveillance
or intelligence gathering with regard to persons not already
in the custody
or control of the United States.
(C) Procedures providing that a determination under subsection (a)(2) is
not required to be implemented until after the conclusion of an
interrogation which is ongoing at the time the determination
is made and
does not require the interruption of any such ongoing interrogation.
(D) Procedures providing that the requirement for military custody under
subsection (a)(1) does not apply when intelligence, law
enforcement, or
other Government officials of the United States are granted
access to an
individual who remains in the custody of a third country.
(E) Procedures providing that a certification of national security
interests under subsection (a)(4) may be granted for the purpose of
transferring a covered person from a third country if such a
transfer is in
the interest of the United States and could not otherwise be
accomplished.
(d) Authorities- Nothing in this section shall be construed to affect
the existing criminal enforcement and national security authorities of the
Federal Bureau of Investigation or any other domestic law enforcement
agency with regard to a covered person, regardless whether such covered
person is held in military custody.
(e) Effective Date- This section shall take effect on the date that is
60 days after 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
effective date.
On Mon, Dec 26, 2011 at 5:45 AM, Constitutional.Reset <
[email protected]> wrote:
> Yes, A Very Merry Christmas! The remembrance of close friends in high
> places is right on time - We need the guidance, courage and help.
> There is lower business that needs attending.
>
> While there is still time, Please ask BHO to veto the H.R.1540, AKA
> NDAA & 'Indefinite Citizen Imprisonment w/o Trial Act' legislation for
> cause of its provisions not pursuant to our US Constitution in:
> "Subtitle D. SEC. 1021 (c)(1)Detention under the law of war without
> trial until the end of the hostilities authorized by the Authorization
> for the Use of Military Force" where covered persons are defined by
> the administration's assignment of guilty status not by properly
> sufficient evidence in a proper civilian court of law - the option to
> apply that to US Citizens is retained by omission of the exclusion.
> See Subtitle D. SEC. 1022 (b)(1)
> ===========================
> Contact BHO at
>
> http://www.whitehouse.gov/webform/comment-legislation?billname=H.R.+1540+-+National+Defense+Authorization+Act+for+Fiscal+Year+2012
> View legislation pending a POTUS signature (non-void) at
> http://www.whitehouse.gov/briefing-room/pending-legislation
> View H.R.1540 at (
> http://www.gpo.gov/fdsys/pkg/BILLS-112hr1540enr/pdf/BILLS-112hr1540enr.pdf
> )
> =============================
> If not vetoed by BHO please ask your Congressmen to enact due
> amendment.
>
> If not vetoed by BHO it may be necessary to promptly attack BHO’s void
> ab inito standing as POTUS using indictment under state laws and in
> state courts. If not vetoed this could not safely wait until after BHO
> is selected as 2012’s POTUS candidate.
>
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