Just in case you missed it: *(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. * On Mon, Dec 26, 2011 at 7:26 AM, Keith In Tampa <[email protected]>wrote:
> 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. >> >> -- >> You received this message because you are subscribed to the Google Groups >> "The Education of America" group. >> To post to this group, send email to >> [email protected]. >> To unsubscribe from this group, send email to >> [email protected]. >> For more options, visit this group at >> http://groups.google.com/group/the-education-of-america?hl=en. >> >> > -- Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more.
