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NDAA Indefinite Detention of American Citizens

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Uploaded by on Dec 19, 2011

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The detention sections of the NDAA begin by "affirm[ing]" that the authority of the President under the AUMF, a joint resolution passed in the immediate aftermath of the September 11, 2001 attacks, includes the power to detain, via the Armed Forces, any person "who was 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," and anyone who commits a "belligerent act" against the U.S. or its coalition allies in aid of such enemy forces, under the law of war, "without trial, until the end of the hostilities authorized by the [AUMF]." The text authorizes trial by military tribunal, or "transfer to the custody or control of the person's country of origin," or transfer to "any other foreign country, or any other foreign entity."
Addressing previous conflict with the Obama Administration regarding the wording of the Senate text, the Senate-House compromise text, in sub-section 1021, also affirms that nothing in the Act "is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force." The final version of the bill also provides, in sub-section, that "Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States." As reflected in Senate debate over the bill, there is a great deal of controversy over the status of existing law. An amendment to the Act that would have replaced current text with a requirement for executive clarification of detention authorities was rejected by the senate

All persons arrested and detained according to the provisions of section 1021, including those detained on U.S. soil, whether detained indefinitely or not, are required to be held by the United States Armed Forces. The law affords the option to have U.S. citizens detained by the armed forces but this requirement does not extend to them, as with foreign persons. Lawful resident aliens may or may not be required to be detained by the Armed Forces, "on the basis of conduct taking place within the United States

Myth # 1: This bill does not codify indefinite detention:
The first provision — section (a) — explicitly "affirms that the authority of the President" under the AUMF "includes the authority for the Armed Forces of the United States to detain covered persons." ... It simply cannot be any clearer within the confines of the English language that this bill codifies the power of indefinite detention.

Myth #2: The bill does not expand the scope of the War on Terror as defined by the 2001 AUMF [Authorization to Use Military Force]:
Section (2) is a brand new addition. It allows the President to target not only those who helped perpetrate the 9/11 attacks or those who harbored them, but also: anyone who "substantially supports" such groups and/or "associated forces." Those are extremely vague terms ... (see what Law Professor Jonathan Hafetz told me in an interview last week about the dangers of those terms).

Myth #3: U.S. citizens are exempted from this new bill:
There are two separate indefinite military detention provisions in this bill. The first, Section 1021, ... contains a disclaimer regarding an intention to expand detention powers for U.S. citizens, but does so only for the powers vested by that specific section. More important, the exclusion appears to extend only to U.S. citizens "captured or arrested in the United States"[.] ...

But the next section, Section 1022, ... specifically deals with a smaller category of people ... [T]he definition of who it covers does not exclude U.S. citizens or include any requirement of foreignness.

The Library of Congress: http://thomas.loc.gov/cgi-bin/query/z?c112:S.1867:

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  • 2:35 WHAT THE FUCK! That's some Joseph Stalin shit right there...

  • PROTEST!

  • FUCK amerika!!!!!!

  • Awesome vid. What "song" is in the background?

  • To the quote at the beginning: So true! I'm sure Nazi Germany started to go down the pan like this. I think it's time for the US. Wake up you sheeple, and take your country back!

  • Scary

  • Judge Neopolitano forgot to add "KILL"

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