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To: 2ndDivisionVet

There was another thread on this a day or so ago (which I can’t find now) that analyzed the bill. This author is (technically) not correct. The bill specifically excludes US citizens. However, it does extend the WOT battlespace to the US. Other legislation no doubt allows for US citizen detainment in a WOT battle area, so the net result is probably the same.


6 posted on 11/30/2011 7:00:47 PM PST by Little Pig (Vi Veri Veniversum Vivus Vici.)
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To: Little Pig
The bill specifically excludes US citizens.

This is incorrect. You need to distinguish mandatory (shall) language from precatory (may) language. The relevant portion of the bill states as follows:

SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.

(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.

. . . .

(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.

As an attorney, I assure you that words have meaning. You can’t take everything at face value, especially with these sleazebag politicians.

8 posted on 11/30/2011 8:28:03 PM PST by SlaveNoMore
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