Skip to comments.U.S. Congress enacts laws to hold civilians under indefinite military detention without trial
Posted on 11/30/2011 11:42:41 PM PST by Cardhu
Under Sections 1031and 1032 of the National Defense Authorization Act for the Fiscal Year 2012, the United States Congress has proposed to give the Department of Defense the explicit power to take civilians into military custody, detain them indefinitely with no charges or trial.
Well hidden in the 682-page long National Defense Authorization Act (NDAA), the Bill under the title Detainee Matters has received tragically sparse coverage in the American national media, widely-read national newspapers and broadly-watched national television channels blocking the existence of this impending legislation described by rights organizations such as the American Civil Liberties Union (ACLU) as a draconian piece of law.
The ACLU in a letter to the US Senate Judiciary Committee Chairman Patrick Leahy and Ranking Member Charles Grassley opposing the provisions of the bill said it affects civilians who are otherwise outside of military control, including civilians within the United States itself.
This endeavor of the Congress is to continue the anti-terrorism battle to safeguard the nation from terrorist attacks within and outside.
If these provisions are enacted, it would give the federal government the explicit power to imprison civilians, including American citizens, indefinitely with no charges or trial.
This includes civilians arrested within the United States who would otherwise be outside of military control while also transferring all responsibilities to the Department of Defense.
Instead of the Department of Justices Criminal Division, National Security Division, or the United States Attorneys, the Federal Bureau of Investigation, the Bureau of Prisons, the Marshals Service and/or the state attorneys general handling the prosecutorial, investigative, law enforcement, penal and custodial authority, the Department of Defense would handle it all, according to the ACLU memorandum to the Congress.
The ACLU points out that while Subsection 1031(c) of the US-Senate proposed Bill claims that it does not apply to lawful residents of the United States or citizens on the basis of conduct taking place within the United States except to the extent permitted by the Constitution, glaring loopholes remain.
If the governments track record is any indicator, we can expect these loopholes to be exploited at every possible opportunity.
Just as the federal government has used the PATRIOT Acts so-called Sneak-and-Peek, or delayed notice, warrants for over 1,600 drug cases and only 15 cases of terrorism in 2006-2009 , we can expect the government to use the bill - S. 1867 - for detaining people for completely illegitimate reasons, argues the rights organization.
These loopholes allow suspects to be imprisoned without charge or trial, especially citizens or lawful residents who are suspected of some sort of wrongdoing outside of the United States.
The most unsettling aspect is that the deciding factor in determining if an individual can be detained indefinitely is not any proof of guilt, but instead entirely by officials in the Executive Branch, which, according to the ACLU would be following some future agency regulations.
The bill gives authority to the President and future Presidents of the United States to execute Sections 1031 and 1032 of the National Defense Authorization Act in placing individuals under the military for indefinite detention without charges or trial.
Section 1032 puts civilians who would otherwise not be subject to military control into military detention, thus removing the protections of the Posse Comitatus act.
Like Section 1031, this would include indefinite imprisonment of civilians apprehended inside of the United States, Section 1032 does not authorize the military to detain civilians without charge or trial, it in fact it mandates it.
The protection against the government using the military for law enforcement activities within the United States under Posse Comitatus would be eliminated under Section 1032 and the ACLU points out that, all state and federal law enforcement would be preempted by the military.
Previously the state and local law enforcement agencies and the Department of Justice had the primary responsibility to enforce anti-terrorism laws within the United States.
The NDAA would, in the case of many civilian suspects, remove federal state and local law enforcement from the process of investigation, arrest, criminal prosecution and imprisonment and hand said powers over to the military.
If enacted, sections 1031 and 1032 of the NDAA would:
* (1) Explicitly authorize the federal government to indefinitely imprison without charge or trial civilians apprehended both inside and outside the United States
* (2) Mandate military detention of some civilians who would otherwise be outside of military control, including suspects apprehended within the United States itself
* (3) Transfer to the Department of Defense core prosecutorial, investigative, law enforcement, penal, and custodial authority and responsibility now held by the Department of Justice.
The American Civil Liberties Union gives the consequences of the law:
Although Subsection 1031(c) of the NDAA states that it does not apply to American citizens or lawful residents on the basis of conduct taking place within the United States except to the extent permitted by the Constitution, important loopholes remain for citizens who are mere suspects to be imprisoned without charge or trial. In particular, American citizens and lawful residents suspected of wrongdoing outside the United States could be indefinitely imprisoned, even if apprehended within the United States itself. The determination that someone can be indefinitely imprisoned would not require proof of guilt, but instead would be decided entirely by Executive Branch officials following some future agency regulations.
These American citizens and other civilians picked up in the United States, but never charged or tried, could be imprisoned until the end of hostilities authorized by the 2001 Authorization for Use of Military Force. These American citizens could be imprisoned along with non-citizen civilians who had no role in the 9/11 attacks or any actual hostilities, and who would not be detainable under the laws of war.
Asian Tribune gives here the full text of Sections 1031 and 1032 of the Senate Bill S. 1867 which is in the 682-page Defense Authorization Act for the Fiscal Year 2012.
1ST SESSION S. 1867
To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
IN THE SENATE OF THE UNITED STATES
NOVEMBER 15, 2011
Mr. LEVIN, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar.
To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the National Defense Authorization Act for Fiscal Year 2012.
Subtitle DDetainee Matters
SEC. 1031. 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 10740) 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 11184)).
(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the persons 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) 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. 1032. REQUIREMENT FOR MILITARY CUSTODY.<.B>
(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 10740) 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 1031 who is determined
(A) to be a member of, or part of, al-Qaeda or an associated force that acts in co ordination 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 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.
(4) WAIVER FOR NATIONAL SECURITY.The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary 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:
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 session which is ongoing at the time the determination is made and does not require the interruption of any such ongoing session.
(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 sub section (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.
(End of Text of Bill)
- Asian Tribune -
Just as the federal government has used the PATRIOT Acts so-called Sneak-and-Peek, or delayed notice, warrants for over 1,600 drug cases and only 15 cases of terrorism in 2006-2009 , we can expect the government to use the bill - S. 1867 - for detaining people for completely illegitimate reasons, argues the rights organization."
At least you will never be attacked again because of your freedoms.
And some Freepers wish for us to continue voting for Romney and Newt RINO’s.
Vote true Conservative.
I have seen other where this has been discussed and it is clear that Freepers, to their credit, are opposed to this legislation as are the national security establishment - like the Director of National Intelligence, the Secretary of Defense as well as the Directors of the FBI and CIA, all professionals, all oppose this new law.
President Obama has promised to veto it but I do not trust him when push comes to shove.
Frightening is a word which would describe creating such a power to the likes of Hillary Clinton. By extension, one should be very very concerned about empowering any Democrat to evade the Bill of Rights.
Why would anyone trash the Constitution and make a tyrant of a man who was intimate with Bill Ayres? Why would anyone permit himself to be cast into a dungeon by a disciple of Saul Alinsky? Why would the Congress of the United States make it possible for a man who was mentored by a self-proclaimed communist, Frank Marshall Davis, to consign Americans to a star chamber? Why would America permit a commander in chief who has surrounded himself with an acknowledged communist, countless radicals, and admirers of Mao to become a judge, jury, and jailer of our citizens?
Has Congress lost its mind?
Congress hasn’t lost its mind it has sold out. It’s all FedMob now.
Yes, it is truly terrifying.
I can think of only one reason for them to be pursuing this now: they are anticipating massive civil unrest in the not-too-distant future.
Here’s an insightful and revealing interview:
Soviet Subversion of the Free Press (Ideological subversion, Destabilization, CRISIS - and the KGB)
Edward Griffin and Yuri Bezmenov ^ | 1984 | Edward Griffin and Yuri Bezmenov
Posted on 10/01/2008 2:09:45 PM PDT by LomanBill
“Yuri Bezmenov on demoralization” Interview with Yuri Bezmenov (ex-KGB) by Edward Griffin - 1984
This shocking video transcription exposes KGB’s subversive tactics against western society. In this interview, Yuri Bezmenov explains how Marxist ideology is deconstructing America’s values, destabilizing the economy, and provoking crises in order to sovietize the free world.
ED GRIFFIN: (introduces Mr. Bezmenov)
Our conversation is with Yuri Alexandrovic Bezmenov. Mr. Bezmenov was born in 1939 in a suburb of Moscow. He was the son of a high ranking Soviet Army officer. He was educated in the elite schools inside the Soviet Union; and became an expert in Indian culture and Indian languages.
He had an outstanding career with Novosti, which was, and still is I should say, the press arm or press agency of the Soviet Union; it turns out this is also a front, for the KGB.
He escaped to the West in 1970 after becoming totally disgusted with the Soviet system; and he did this at great risk to his life. He certainly is one of the worlds outstanding experts on the subject of Soviet propaganda; and disinformation and active measures.
Well, you spoke before about “ideological subversion” and that’s a phrase that I’m afraid some Americans don’t understand. When the Soviets use the phrase “ideological subversion” what do they mean by it?
1. Ideological subversion is the process which is [a] legitimate, old word, and open. You can see it with your own eyes. All American mass media has to do is to “unplug bananas” from their ears, open up their eyes, and they can see it. There is no mystery.
It has nothing to do with espionage. I know that espionage intelligence gathering looks more romantic. It sells more deodorants through the advertising. That’s probably why your Hollywood producers are so crazy about James Bond types of films. But in reality the main emphasis of the KGB is NOT in the area of intelligence at all.
According to my opinion, and the opinions of many defectors of my caliber, only about 15% of time, money, and manpower is spent on espionage as such. The other 85% is a slow process which we call either ideological subversion, active measures, or psychological warfare. What it basically means is: to change the perception of reality of every American that despite of the abundance of information no one is able to come to sensible conclusions in the interest of defending themselves, their families, their community, and their country.
It’s a great brainwashing process which goes very slow and is divided into four basic stages.
The first stage being “demoralization”. It takes from 15 to 20 years to demoralize a nation. Why that many years? Because this is the minimum number of years required to educate one generation of students in the country of your enemy exposed to the ideology of [their] enemy. In other words, Marxism-Leninism ideology is being pumped into the soft heads of at least 3 generation of American students without being challenged or counterbalanced by the basic values of Americanism; American patriotism.
Most of the activity of the department [KGB] was to compile huge amount / volume of information, on individuals who were instrumental in creating public opinion. Publisher, editors, journalists, uh actors, educationalists, professors of political science. Members of parliament, representatives of business circles.
Most of these people were divided roughly into two groups: those who would tow the Soviet foreign policy, they would be promoted to positions of power through media and public manipulation; [and] those who refuse the Soviet influence in their own country would be character assassinated OR executed physically, come Revolution.
Same way as in a small town of Hua in South Vietnam; several thousands of Vietnamese were executed in one night when the city was captured by [the] Viet Cong for only two days; and American CIA could never figure out - how could [the communists] possibly know each Individual, where he lives, where to get him; and [in order that they] would be arrested in one night basically in four hours before dawn, put on a van, driven out of the city limits and shot.
The answer is very simple. Long before communists occupy the city, there was extensive network of informers; local Vietnamese citizens who knew absolutely everything about people who are instrumental in public opinion - including Barbers and Taxi Drivers. Everyone who was sympathetic to United States was executed. Same thing was done under the guidance of the Soviet Embassy in Hanoi, and same thing I was doing in New Delhi. To my horror, I discovered that in the files were people who were doomed to execution. There were names of pro-Soviet Journalists, with whom I was personally friendly.
Yes, absolutely. They were idealistically minded leftist communists who had made several visits to the USSR; and yet the KGB decided, that come Revolution, or drastic changes in political structure of India - they will have to go.
Why is that?
Because they know too much. Simply, because, you see the useful idiots; the leftists who are idealistically believing in the beauty of Soviet or Communist or Socialist or whatever system; when they get disillusioned, they become the worst enemies. That’s why my KGB instructors specifically made the point, “never bother with leftists, forget about these political prostitutes - aim higher” this was my instruction. Try to get into, uh, large circulation, established conservative media. Reach filthy rich movie makers, intellectuals in so-called academic circles. Cynical, ego-centric people who can look into your eyes with angelic expression and tell you a lie. This are the most recruitable people; people who lack moral principals - who are either too greedy or too, uh, suffer from self-importance, uh, they feel that they matter a lot. Uh, these are the people who KGB wanted very much to recruit.
But to eliminate the others; to execute the others, don’t they serve some purpose - wouldn’t they be the one’s to rely on?
No they serve purpose only [up] to the stage of destabilization of a nation. For example, your leftists in [the] United States; all these professors and all these beautiful civil rights defenders. They are instrumental in the process of the subversion; only to destabilize a nation. When the job is completed, they are not needed anymore. They know too much. Some of them, when they get disillusioned - when they see that Marxist-Leninist come to power. Obviously they get offended; they think that THEY will come to power. That will never happen, of course; they will be lined up against the wall and shot. But they may turn into the most bitter enemies of Marxist-Leninists when they come to power; and that’s what happened in Nicaragua. You remember most of these former Marxist-Leninists were either put to prison or one of them split and now he’s working against the Sandinistas
It happened in Grenada when Maurice Bishop, he was already a Marxist - he was executed by the new Marxists who was more Marxist than this Marxist.
Same happened in Afghanistan, when, uh, first there was Taraki he was killed by Amin, then Amin was killed by Karmal with the help of KGB.
Same happened in Bangladesh where Mujibur Rahman, very pro-soviet leftist; was assassinated by his own Marxist-Leninist military comrades.
It’s the same pattern everywhere. The moment they serve their purpose, all the useful idiots are either executed entirely; all the idealistically minded Marxists. Or exiled, or put in prisons like in Cuba many former Marxists are in Cuba, and in prison.
So basically America is Stuck, with demoralization; and unless, even if you start right now this minute; you start educating new generation of Americans - it will still take you 15 to 20 years to turn the tide of uh, ideological perception of reality; uh back to normalcy and patriotism.
The result? The result you can see — most of the people who graduated in the 60’s, dropouts or half-baked intellectuals, are now occupying the positions of power in the government, civil service, business, mass media, and educational systems. You are stuck with them. You can’t get rid of to them. They are contaminated. They are programmed to think and react to certain stimuli in a certain pattern [alluding to Pavlov]. You can not change their mind even if you expose them to authentic information. Even if you prove that white is white and black is black, you still can not change the basic perception and the logic of behavior. In other words [for] these people the process of demoralization is complete and irreversible. To rid society of these people you need another 15 or 20 years to educate a new generation of patriotically minded and common sense people who would be acting in favor and in the interests of United States society.
And yet these people who have been programmed and as you say [are] in place and who are favorable to an opening with the Soviet concept - these are the very people who would be marked for extermination in this country?
Most of them, yes. Simply because the psychological shock when they will see in [the] future what the beautiful society of EQUALITY and social justice means in practice, obviously they will revolt. They will be very unhappy [and] frustrated people, and Marxist Leninist regime does not tolerate these people. Obviously they will join the [ranks] of dissenters; dissidents.
Unlike the present  United States there will be no place for dissent in future [2008, “Hate Speech” Colorado SB200] Marxist-Leninist America.
[Now] you can get popular like Daniel Ellsberg and filthy rich like Jane Fonda for being a dissident [and] for criticizing your Pentagon. In [the] future these people will simply be [he makes a squishy noise] squashed like cockroaches for criticizing the government. Nobody is going to pay them nothing for their beautiful [and] noble ideas of EQUALITY. This they don’t understand and it will be the greatest shock for them, of course.
The demoralization process in the United States is basically completed already for the last 25 years. Actually, it’s over fulfilled because demoralization now reaches such areas where not even Comrade Andropov and all his experts would even dream of such tremendous success. Most of it is done by Americans to Americans thanks to lack of moral standards. As I mentioned before, exposure to true information does not matter anymore. A person who was demoralized is unable to assess true information. The facts tell nothing to him, even if I shower him with information, with authentic proof, with documents and pictures. Even if I take him by force to the Soviet Union and show him the concentration camps...he will refuse to believe it.... until he is going to receive a kick in his fat bottom.
When the military boot crashes - then he will understand. But not before that. That’s the tragedy of the situation of demoralization.
2. The next stage is destabilization....
this time, subverter does not care about your ideas and the patterns of your consumption. Whether you eat junk food and get fat and flabby doesn’t matter any more.
It only takes 2 to 5 years to destabilize a nation. This time what matters is essentials; economy, foreign relations, [and] defense systems. And you can see it quite clearly that in some... sensitive areas such as defense and [the] economy, the influence of Marxist-Leninist ideas in the United States is absolutely fantastic. I could never believe it 14 years ago when I landed in this part of the world that the process will go that fast.
3. The next stage of course is crisis, which may take only up to 6 weeks to bring a country to the verge of crisis. You can see it in Central America now; and after crisis, with the violent change of power structure and economy, you have the period of so called “normalization” [which] it may last indefinitely. Normalization is a cynical expression, borrower from Soviet Propaganda. When the Soviet tanks moved into Czechoslovakia in 1968, comrade Brezhnev said “Now the situation in brotherly Czechoslovakia is normalized”. This is what will happen in [the] United States if you allow all the shmucks to bring the country to crisis.
To promise people all kinds of goodies, and the paradise on Earth. Uh to destabilize your economy to eliminate the principal of free market competition; and to put a big brother government in Washington D.C.; with benevolent dictators like  Walter Mondale [2008 Obama] who will promise lots of things - Never mind whether the promises are fulfilled or not. He [the dictator] will go to Moscow to kiss the bottoms of a new generation of Soviet Assassins. Never mind [nothing to see here, move along], he will create false illusions that the situation is under control.
Situation is NOT under control. Situation is disgustingly out of control.
Most of the American politicians, media, and educational system train another generation of people who think they are living at the peacetime. False. United States is in a state of war; undeclared, total war against the basic principles and foundations of this system. And the initiator of this war is not Comrade Andropov of course - it’s the system. However, ridiculous it may sound, [it is] the world Communist system, or the world Communist conspiracy. Whether I scare some people or not, I don’t give a hoot. If you’re not scared by now, nothing can scare you. You don’t have to be paranoid about it. What actually happens now; that unlike myself, you have literally several years to live on unless United States wake up. The time bomb is ticking. With every second the disaster is coming closer. Unlike myself, you will have nowhere to defect to, unless you want to live in Antarctica with penguins.
This is it, this is the last country with freedom and possibility.
Okay, so what do we do? What is your recommendation to the American people?
Well, the immediate thing that comes to mind is, of course, there must be a very strong national effort to educate people in the spirit of REAL patriotism, number one. Number two, to explain [to] them the real danger of socialist, communist, welfare state, Big Brother government. If people fail to grasp the impending danger; nothing ever will help the United States. You may kiss goodbye your freedoms, including [sending] homosexuals to prison inmate. All this freedom will vanish in 5 seconds - including your precious lives.
The moment at least part of [the] United States population is convinced that the danger is real, they have to FORCE their government, and I’m not talking about sending letters, signing petitions, and all this beautiful, noble activity, I’m talking about FORCING [the] United States government to stop aiding Communism....
Corporatism == Collectivism == Communism.
The purpose of Government, articulated in the American Declaration of Independence - is to secure the inalienable rights of the Individual.
Michele Bachmann recently appeared by Glenn Beck's Internet show and stated that she, as a member of the Congressional Intelligence Committee, was even more concerned about the threat to our security than she was about the threat to our economy-and she is very very concerned about the economy to the degree that she advocates stockpiling survival provisions.
It may be that there is something up of a truly serious security threat and Congress feels that it must set up a framework for a society in chaos, or in rubble?
Bachmann, of course, said she could not reveal more.
I hope she's not recommending stockpiling more than 7 day's worth of food or she might be held as a terrorist herself.
The frogs have all been boiled, and the Sons of Liberty are weeping!
What Good Can a Handgun Do Against An Army?
Does anybody think we’re getting out of this alive? I don’t.
If anybody was going to do anything, they would have a long time ago.
What good is a pistol against a tank?
Its getting closer to house-cleaning time!
Congress is populated by traitors to America and
They encourage the treason and the destruction of
America ... and they are so hated for it.