Good Morning PlainOl, Yes, including any American who may be associated with terrorists. The foreign born terrorist may not receive a court's review, but the American will.
On Tue, Dec 27, 2011 at 1:18 PM, plainolamerican <[email protected]>wrote: > I believe that no American can be detained without a Court's review > --- > even someone 'associated' with terrorists > > On Dec 27, 11:47 am, Keith In Tampa <[email protected]> wrote: > > 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 > > > > ... > > > > 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.
