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9/16/2019 10:09:13 PM
Posted: 1/8/2012 7:51:40 AM EDT
[Last Edit: 1/8/2012 8:03:31 AM EDT by Fast_Jimmy]
http://www.gpo.gov/fdsys/pkg/BILLS-112s1867pcs/pdf/BILLS-112s1867pcs.pdf

The text in red is from 1031, and could, in my opinion, be applied with a fairly broad brush, particularly the line "including any person who has committed a belligerent act". There is absolutely no citizen exemption in 1031, and qualifying as "having committed a belligerent act" can get you rendition, indefinite detention, military tribunal, etc..

The text in blue is 1032. As you can see, they are very careful to make sure that presidential war making power is not limited or expanded. The exemption that everyone talks about is certainly there, and has the word "Requirement" highlighted in green. Essentially, they are saying that the authorities do not HAVE TO detain American citizens under this provision, since 1032 is worded, and exists, to ensure that enemies are reclassified and processed under these new guidelines and completely outside the established legal system. The exemption in 1032 is weak, to say the least. American citizens would have been protected if it had read that the requirement "Shall Not" be applied to American citizens.

So, there you have it. Prove me wrong. It seems to me that in our anti-terror zeal and using a hot push-button issue, we've had our rights truncated menacingly to make sure that terrorists can't be 'tried in the courts'. Great.





Subtitle D—Detainee Matters
4 SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED
5 FORCES OF THE UNITED STATES TO DETAIN
6 COVERED PERSONS PURSUANT TO THE AU7
THORIZATION FOR USE OF MILITARY FORCE.
8 (a) IN GENERAL.—Congress affirms that the author9
ity of the President to use all necessary and appropriate
10 force pursuant to the Authorization for Use of Military
11 Force (Public Law 107–40) includes the authority for the
12 Armed Forces of the United States to detain covered per13
sons (as defined in subsection (b)) pending disposition
14 under the law of war.
15 (b) COVERED PERSONS.—A covered person under
16 this section is any person as follows:
17 (1) A person who planned, authorized, com18
mitted, or aided the terrorist attacks that occurred
19 on September 11, 2001, or harbored those respon20
sible for those attacks.
21 (2) A person who was a part of or substantially
22 supported al-Qaeda, the Taliban, or associated forces
23 that are engaged in hostilities against the United
24 States or its coalition partners, including any person
25 who has committed a belligerent act
or has directly
1 supported such hostilities in aid of such enemy
2 forces.

3 (c) DISPOSITION UNDER LAW OF WAR.—The dis4
position of a person under the law of war as described
5 in subsection (a) may include the following:
6 (1) Detention under the law of war without
7 trial until the end of the hostilities authorized by the
8 Authorization for Use of Military Force.
9 (2) Trial under chapter 47A of title 10, United
10 States Code (as amended by the Military Commis11
sions Act of 2009 (title XVIII of Public Law 111–
12 84)).
13 (3) Transfer for trial by an alternative court or
14 competent tribunal having lawful jurisdiction.
15 (4) Transfer to the custody or control of the
16 person’s country of origin, any other foreign coun17
try, or any other foreign entity.
18 (d) CONSTRUCTION.—Nothing in this section is in19
tended to limit or expand the authority of the President
20 or the scope of the Authorization for Use of Military
21 Force.

22 (e) REQUIREMENT FOR BRIEFINGS OF CONGRESS.—
23 The Secretary of Defense shall regularly brief Congress
24 regarding the application of the authority described in this
25 section, including the organizations, entities, and individ-
VerDate Mar 15 2010 01:53 Nov 16, 2011 Jkt 019200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 E:\BILLS\S1867.PCS S1867 tjames on DSK6SPTVN1PROD with BILLS
361
•S 1867 PCS
1 uals considered to be ‘‘covered persons’’ for purposes of
2 subsection (b)(2).



3 SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.
4 (a) CUSTODY PENDING DISPOSITION UNDER LAW OF
5 WAR.—
6 (1) IN GENERAL.—Except as provided in para7
graph (4), the Armed Forces of the United States
8 shall hold a person described in paragraph (2) who
9 is captured in the course of hostilities authorized by
10 the Authorization for Use of Military Force (Public
11 Law 107–40) in military custody pending disposition
12 under the law of war.
13 (2) COVERED PERSONS.—The requirement in
14 paragraph (1) shall apply to any person whose de15
tention is authorized under section 1031 who is de16
termined—
17 (A) to be a member of, or part of, al-
18 Qaeda or an associated force that acts in co19
ordination with or pursuant to the direction of
20 al-Qaeda; and
21 (B) to have participated in the course of
22 planning or carrying out an attack or attempted
23 attack against the United States or its coalition
24 partners.
VerDate Mar 15 2010 01:53 Nov 16, 2011 Jkt 019200 PO 00000 Frm 00361 Fmt 6652 Sfmt 6201 E:\BILLS\S1867.PCS S1867 tjames on DSK6SPTVN1PROD with BILLS
362
•S 1867 PCS
1 (3) DISPOSITION UNDER LAW OF WAR.—For
2 purposes of this subsection, the disposition of a per3
son under the law of war has the meaning given in
4 section 1031(c), except that no transfer otherwise
5 described in paragraph (4) of that section shall be
6 made unless consistent with the requirements of sec7
tion 1033.
8 (4) WAIVER FOR NATIONAL SECURITY.—The
9 Secretary of Defense may, in consultation with the
10 Secretary of State and the Director of National In11
telligence, waive the requirement of paragraph (1) if
12 the Secretary submits to Congress a certification in
13 writing that such a waiver is in the national security
14 interests of the United States.
15 (b) APPLICABILITY TO UNITED STATES CITIZENS
16 AND LAWFUL RESIDENT ALIENS.—
17 (1) UNITED STATES CITIZENS.—The require
ment
to detain a person in military custody under
19 this section does not extend to citizens of the United
20 States.
21 (2) LAWFUL RESIDENT ALIENS.—The require
ment to detain a person in military custody under
23 this section does not extend to a lawful resident
24 alien of the United States on the basis of conduct
25 taking place within the United States, except to the
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363
•S 1867 PCS
1 extent permitted by the Constitution of the United
2 States.
3 (c) IMPLEMENTATION PROCEDURES.—
4 (1) IN GENERAL.—Not later than 60 days after
5 the date of the enactment of this Act, the President
6 shall issue, and submit to Congress, procedures for
7 implementing this section.
8 (2) ELEMENTS.—The procedures for imple9
menting this section shall include, but not be limited
10 to, procedures as follows:
11 (A) Procedures designating the persons au12
thorized to make determinations under sub13
section (a)(2) and the process by which such
14 determinations are to be made.
15 (B) Procedures providing that the require16
ment for military custody under subsection
17 (a)(1) does not require the interruption of ongo18
ing surveillance or intelligence gathering with
19 regard to persons not already in the custody or
20 control of the United States.
21 (C) Procedures providing that a determina22
tion under subsection (a)(2) is not required to
23 be implemented until after the conclusion of an
24 interrogation session which is ongoing at the
25 time the determination is made and does not
1 require the interruption of any such ongoing
2 session.
3 (D) Procedures providing that the require4
ment for military custody under subsection
5 (a)(1) does not apply when intelligence, law en6
forcement, or other government officials of the
7 United States are granted access to an indi8
vidual who remains in the custody of a third
9 country.
10 (E) Procedures providing that a certifi11
cation of national security interests under sub12
section (a)(4) may be granted for the purpose
13 of transferring a covered person from a third
14 country if such a transfer is in the interest of
15 the United States and could not otherwise be
16 accomplished.
17 (d) EFFECTIVE DATE.—This section shall take effect
18 on the date that is 60 days after the date of the enactment
19 of this Act, and shall apply with respect to persons de20
scribed in subsection (a)(2) who are taken into the custody
21 or brought under the control of the United States on or
22 after that effective date.
Link Posted: 1/8/2012 7:57:14 AM EDT
[Last Edit: 1/8/2012 7:57:26 AM EDT by 3Trip]
oh...


...joy.
Link Posted: 1/8/2012 7:58:25 AM EDT
Link Posted: 1/8/2012 8:00:19 AM EDT
It's all about the war our Government is waging against, "We The People". Sooner or later this is going to go hot on both sides of this divide. Until then, "keep your powder dry". TT
Link Posted: 1/8/2012 8:02:51 AM EDT
[Last Edit: 1/8/2012 8:09:40 AM EDT by Fast_Jimmy]
Originally Posted By DK-Prof:
Do you have a link to the bill that was actually signed into law?


Let me look, and I've added an analysis and some highlighting of the key sections.

ETA: It looks like it went through as written in that original link, which was certified by the United States Government printing office.

Obama promises to interpret 1031 correctly and not use it against American Citizens except where it's clearly indicated. I suppose doing the right thing and vetoing it would have been too controversial.
Link Posted: 1/8/2012 8:03:32 AM EDT
TL;DR

Pretend I'm in the back of the shortbus:

What's optional again? And how does this apply with the new law meant to revoke citizenships?
Link Posted: 1/8/2012 8:12:12 AM EDT
Originally Posted By Curdmugeon45:
TL;DR

Pretend I'm in the back of the shortbus:

What's optional again? And how does this apply with the new law meant to revoke citizenships?


The green highlighted section of 1032 states that the REQUIREMENT does not extend to citizens. My interpretation of this is that it is still optional. This new bill is now the required course of action against people identified as belligerent against the U.S. in terror related matters.

Language reading that the requirement Shall Not extend to citizens would have protected us. It's not like the people who write this don't know how to make a bill clear.

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