Saturday, May 5, 2012

NDAA specifics

Relevant Text of S. 1031 of the NDAA (underlined what is important):


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 107-40) 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.


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So, the President can "use all necessary and appropriate force" (1031a) to detain "without trial until the end of hostilities" (1031(c)1) or transfer to "any...foreign entity (1031(c)4)...any person who has committed a belligerent act" (1031(b)2).


So long as this is law, any belligerent United States Citizen can be indefinitely detained virtually anywhere and by any entity or organization, whether foreign or domestic, until "the end of hostilities" (ha). First of all, hostilities never end. The United States now engages in wars with no end, such as the war on terror. The most dangerous part of this bill however is that it does not require any evidence of actual threats to the country, it merely requires the person be found to have committed belligerent acts. The gravity of the invasion into civil liberties which this bill constitutes is mind-blowing. This must make China smile. This is state control. It is disgusting that Obama signed this into law. 

Appeal to the liberal left: 
I know you disagree with Paul on his fiscal policies, but I believe he deserves your vote nonetheless. As President, he can reverse the erosion of our rights. He can restore our civil liberties. He as commander in chief can end the wars and begin a foreign policy of peace, which is long-overdue. He can save numerous lives and money. I hope this is more important to you than his fiscal policies. Obama and Romney are both for more war, and less rights. Paul is the only real choice for an alternative here. 











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