Americans face Guantánamo detention after Obama climbdown

The Guardian (UK) ^ | December 15th, 2011 | Chris McGreal

[AnAmericanAbroad]

Barack Obama has abandoned a commitment to veto a new security law that allows the military to indefinitely detain without trial American terrorism suspects arrested on US soil who could then be shipped to Guantánamo Bay.

Human rights groups accused the president of deserting his principles and disregarding the long-established principle that the military is not used in domestic policing. The legislation has also been strongly criticised by libertarians on the right angered at the stripping of individual rights for the duration of "a war that appears to have no end".

The law, contained in the defence authorisation bill that funds the US military, effectively extends the battlefield in the "war on terror" to the US and applies the established principle that combatants in any war are subject to military detention.

The legislation's supporters in Congress say it simply codifies existing practice, such as the indefinite detention of alleged terrorists at Guantánamo Bay. But the law's critics describe it as a draconian piece of legislation that extends the reach of detention without trial to include US citizens arrested in their own country.

[dennisw]

 

Search Results ----  "Posse Comitatus"

1. Obama welcomes new power to detain US citizens without a trial.

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   Examiner.com - 12 hours ago

   The sections nullify Posse Comitatus and allow the military to suspend a citizens' right to a trial. US citizens can be held "indefinitely. ...

2. Posse Come and Get Us ‎ dagblog (blog) - Dec 6, 2011 ... but Sections 1031 and 1032 are said to allow, even require, military personnel to engage in domestic law enforcement—a violation of Posse Comitatus. ... Obama Should Veto NDAA to Save the Republic‎ Antiwar.com (blog) America Lurches Toward Full-Blown Tyranny‎ The People's Voice Bringing the 'War on Terror' Home‎ Consortium News OpEdNews all 18 news articles »

   WMNF

3. THE HOUSE AND THE SENATE PASSED SIMILAR TYRANNY BILLS THAT WOULD ...

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   Liberty News On Line - 4 days ago

   URGENT: Habeas Corpus, Posse Comitatus Act Are Suspended Unless Congress Is Compelled to Correct This Legislation IMMEDIATELY! Tell Washington, "Fix it NOW! .

[LibLieSlayer]

It is called vetting... and as someone who has great respect for West... he has a serious progressive streak in some ways.

LLS

[GlockThe Vote]

Bi partisan treason.

[AD from SpringBay]

This is gitmo, correct? Why does our country have a gnat-sized memory? Great Leader promised to close gitmo. Should not Great Leader’s followers in Congress and those who occupy city parks be in great uproar at this?

[GlockThe Vote]

This is why I am voting for ron paul in the primary. Newt or romney both would support this.

[GlockThe Vote]

This is why I am voting for ron paul in the primary. Newt or romney both would support this.

[listenhillary]

We must remember. It was the states that created the Federal government for the purpose of providing defense of the united states. The federal government didn't create the states.

If anyone is going to get the federal government to back down, it will be the states uniting together. It will be the states saying "we won't be bribed by threats of withholding federal money".

It will be the states that say "We are directing our businesses to forward federal tax collections to the state to be held until the federal government regains their sanity."

[AnAmericanAbroad]

The reason for the “gnat-sized memory” is that people are more concerned about Kim Kardashian’s marriage woes, and Lindsey Lohan’s court travails.

Bread and circuses rules the day.

[BO Stinkss]

“What is to keep this from being used as a political tool? While I understand wanting to lock up terrorists, who labels a person as a terrorist?”

Harry Reid said Tea Partiers are terrorist.

[PENANCE]

Sorry, this is more than just a "progressive streak".

This is the outright REPEAL of several RIGHTS enumerated in the BILL OF RIGHTS. Trial by jury, freedom from unreasonable searches and seizures, warrants, probable cause, HABEUS CORPUS, and Due Process of Law, to name just a few.

This is the enactment of HARD Tyranny by law.

Allen West made it perfectly clear that the law does indeed say what many have feared it said. And that the denial of the most basic and fundamental freedoms to the American People WAS HIS CLEAR INTENT in supporting the bill.

Good luck all. Too late to do anything about it now.

[PENANCE]

Who's going to challenge it? Someone indefinitely imprisoned without charge or trial?

There's no more Habeus Corpus, nor any right to a lawyer, so how would anyone (anyone that the court would grant standing, anyway) challenge it?

[redgolum]

Stay away if you can. Might be wise to gain citizenship where you live, though that isn’t much of a protection anymore.

Otherwise, see you in the camps.

[bk1000]

Everyone said the ‘FEMA camps’ were tinfoil.

[AnAmericanAbroad]

All good points, sad to say. Meet the new boss:

[muddler]

So did joe biteme.

[AnAmericanAbroad]

I’m planning on staying away.

I have to do one more go-round with permanent residency (which would take me to 2023), and then I can apply for citizenship. Of course, like you said, it may not be much protection anymore.

[GnL]

Look at the bright side. As posters on this thread we are all guaranteed a nice clear spot on the first railroad car to the “processing center.”

[LibLieSlayer]

Sorry... if I am going to die my friend... I will die with my boots on. I will stop fighting tyranny when they bury my cold dead ass... and that may happen... but I will never let our Founding Fathers down... they gave all and I can do no less.

LLS

[LibLieSlayer]

So did obama and pelosi and reid and their sedition.

LLS

[bk1000]

OK, I just got off the phone with my congress critter’s office and he pointed me to this saying explicitly this did NOT allow detentionn of US citizens. FWIW:

http://armedservices.house.gov/index.cfm/files/serve?File_id=23d194d7-78c9-4c57-b2d9-31bc3bb7daeb

December 12, 2011 Contact HASC Communications Office, 202-225-2539
National Defense Authorization Act for Fiscal Year 2012
-—Strengthening the Nation’s Terrorist Detention, Interrogation and Prosecution Policies-—
The Conference Report to H.R. 1540 strengthens policies and procedures to prosecute, interrogate and detain terrorists. The killing of al-Qaeda chief Osama bin Laden in Pakistan and the threats posed by al-Qaeda cells in Yemen and Africa underscore the evolving and continuing nature of the terrorist threat to the United States. The Conference Report ensures the United States will have the ability to meet this threat and neutralize terrorists from these groups and conduct effective interrogations. In no way do any of these provisions extend any new authorities to detain U.S. citizens. Key provisions below:
PROHIBITING THE TRANSFER OR RELEASE OF GUANTANAMO DETAINEES TO OR WITHIN THE UNITED STATES. The National Defense Authorization Act would prohibit the Secretary of Defense from using FY2012 funds to transfer or release certain detainees to or within the United States. This prohibition applies to individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba. This provision is identical to a provision in the FY11 NDAA.
PROHIBITING FUNDS FOR FACILITIES TO HOUSE GUANTANAMO DETAINEES IN THE UNITED STATES. The FY12 NDAA would prohibit the Secretary of Defense from using any of the funds available in FY2012 to modify or construct any facility in the United States to house any detainee transferred from U.S. Naval Station, Guantanamo Bay, Cuba for the purposes of detention or imprisonment in the custody or effective control of the Department of Defense.
REAFFIRMING THE LAWFUL DETENTION OF CERTAIN INDIVIDUALS FROM AL-QAEDA, THE TALIBAN, AND ASSOCIATED FORCES ENGAGED IN ARMED CONFLICT WITH THE UNITED STATES. The FY12 NDAA would reaffirm the lawful detention of certain individuals, pursuant to the Authorization of Use of Military Force, that are in engaged in the armed conflict with the United States. This provision does not address or extend new authority to detainee U.S. citizens.
REQUIREMENT FOR MILITARY CUSTODY FOR FOREIGN AL-QAEDA TERRORISTS. In cases such as the Christmas Day Bomber, where a foreign terrorist is caught in a plot to attack the United States, establishes a new requirement for military custody. This provision only applies to individuals who are part of, or substantially supporting, Al Qaeda or associated forces AND have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners. It is vital that terrorists bent on waging war against American freedom are treated according to the laws of war, not treated like simple criminals.
-Provides a waiver for the Secretary of Defense when such a requirement is not in the national security interests of the United States.
-Facilitates greater intelligence gathering from foreign terrorists.
-Explicitly exempts U.S. citizens from the requirement.
REQUIRING NATIONAL SECURITY PROTOCOLS GOVERNING DETAINEE COMMUNICATIONS. Would require the Secretary of Defense to submit to the defense committees a national security protocol
covering governing individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba in order to prevent unauthorized disclosure of classified information.
REQUIRING THE SECRETARY OF DEFENSE TO ESTABLISH A REVIEW PROCESS TO EVALUATE DETENTIONS AT GUANTANAMO BAY. Would require the Secretary of Defense to establish a review process to determine whether the continued detention of individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba, is necessary to protect U.S. national security. This legislation would not affect the jurisdiction of any Federal court to determine the legality of detention of any individual detained at Guantanamo Bay.
PROHIBITING THE TRANSFER OR RELEASE OF CERTAIN DETAINEES TO OR WITHIN FOREIGN COUNTRIES WITHOUT CERTIFICATION FROM THE SECRETARY OF DEFENSE. Would prohibit the Secretary of Defense from transferring or release individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba, to or within a foreign country. This prohibition applies unless the Secretary of Defense, with the concurrence of the Secretary of State, certifies to Congress that the government of the country to which the individual would be transferred meets certain specific criteria.
###
COURTESY OF HOUSE ARMED SERVICES COMMITTEE
CHAIRMAN BUCK MCKEON (R-CA)