After study and review, as well as being familiar with the Supreme Court Decision in *Rumsfeld v. Hamdi*, where the Supremes ruled that EVERY American is entitled to *habeas corpus* and review of detainment; that Section 1022, and the phrase which states in part:
*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.* I believe that no American can be detained without a Court's review, whether he has been caught on the battlefield, or in downtown Tampa. This obviously does not apply to foreign enemy combatants, and I for one agree that it should not apply to enemy combatants who are not American. On Tue, Dec 27, 2011 at 12:26 PM, plainolamerican <[email protected] > wrote: > btw - RP's opposition is that the amendment repeals parts of the bill > of rights, patriot act, 4th and 5th amendments and even magna carta > principles. > Many Americans don't understand the relationship between local, state, > federal, and military authority. > If thinking that our authorities should have all the resources they > need to combat terrorism makes me a moonbat then keep calling me a > moonbat. > > On Dec 26, 6:28 am, Keith In Tampa <[email protected]> wrote: > > 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.+1. > .. > > >> View legislation pending a POTUS signature (non-void) at > > > > ... > > > > read more ยป > > -- > 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. > -- 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.
