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Fahren
Posted on Monday, November 28, 2011 - 10:57 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

This is a really bad thing, and, for me, another indicator of why the red and the blue are essentially the same, and equally broken.

Time for a re-set.

http://www.infowars.com/senate-moves-to-allow-mili tary-to-intern-americans-without-trial/
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Johnnymceldoo
Posted on Monday, November 28, 2011 - 12:49 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

All but one repub candidate is for continuing and even enhancing the patriot act just as our current banker/corp lobbyist prez is. There is no doubt to me most of them also support patting the genitals of grandma and our kids or running them through scanners that may be harmful to us long term but worked out to be a sweet deal for michael chertoff. Ah buts its prolly just coincodence he had past dealings with the scanner producers just like pelosi just happened to get some sweet ipo stock deals from credit companies while working on credit legislation.

If republicans want to back progressive conservatives than I think I may just speed things along and vote for our current crop of clevor campaign slogans and empty suit leadership. Iam just about out of patience and optimism.
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Reepicheep
Posted on Monday, November 28, 2011 - 12:52 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

The only Republican that thinks McCain is a Republican is McCain.
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Sifo
Posted on Monday, November 28, 2011 - 01:06 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I think I would wait to see how they vote before painting them all with the same brush.

One are that I do find rather disconcerting is that this bill has 150 amendments added to it so far. I bet that's not unusual either.
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Moxnix
Posted on Monday, November 28, 2011 - 03:05 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

http://www.truth-out.org/why-iceland-should-be-new s-not/1322327303#.TtKS6zlokz8.facebook

Left wing site link, but this is how to take back one's government.
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Ft_bstrd
Posted on Monday, November 28, 2011 - 04:53 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Even if it does pass, it'd be struck down by the SCOTUS.
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Hootowl
Posted on Monday, November 28, 2011 - 05:47 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Struck down by the first judge who is asked to rule on it. An appeal is unlikely, as it is unconstitutional on its face. Won't even make it to SCOTUS. 'Course, Obamacare is unconstitutional on its face too, so maybe DOJ will decide to appeal. Depends on who is president at the time I suppose.
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Ft_bstrd
Posted on Monday, November 28, 2011 - 06:31 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Although, it would be just the law needed for an insecure president hell bent on retaining power to use in conjunction with quelling a fomented and artificial uprising.

Good thing there wont be a bunch of battle hardened soldiers returning from combat without orders for their next deployment.

Oh crap! : |


Do gotta wonder why this originated now from a democratic held Senate.
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Buellkowski
Posted on Monday, November 28, 2011 - 07:52 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Here's a link to Sections 1031 & 1032 as reported in Fahren's link:

http://thomas.loc.gov/cgi-bin/query/F?c112:1:./tem p/~c112d7mPuG:e462417:

It seems only to cover Al Qaeda & Taliban uglies, but perhaps I'm reading it too literally?
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Ft_bstrd
Posted on Monday, November 28, 2011 - 09:08 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Considering Al Qaeda and Taliban are groups comprised of volunteers not recognized by any nation, what is to say that any of us can be accused of being a member without the capacity to challenge the charge?
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Blake
Posted on Tuesday, November 29, 2011 - 12:35 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Odd that the topical article fails to provide any quoted material supporting its rather alarming accusations. I suspect it's overblown alarmism, but I could be wrong.

As some have noted, we do have the 4th amendment.
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Blake
Posted on Tuesday, November 29, 2011 - 12:41 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Can anyone point to the exact portion of the bill that is problematic as asserted by the article noted by Fahren?

Here's the bill...

http://thomas.loc.gov/cgi-bin/query/z?c112:S.1867:
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Sifo
Posted on Tuesday, November 29, 2011 - 12:42 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

As some have noted, we do have the 4th amendment.

Tell that to Anwar Al-Awlaki. He was targeted under legislation with virtually identical restrictions.
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Johnnymceldoo
Posted on Tuesday, November 29, 2011 - 12:57 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Does the 4th amendment gaurd us from having internet access shut down in the US?

I like alot of what Gingrich and other candidates have to say but by and large they are willing to trade liberty for security while lining the pockets of their partners. Increased security spending IS NOT a solution to our economic woes.
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Blake
Posted on Tuesday, November 29, 2011 - 01:08 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

The article states the following:

"The language appears in sections 1031 and 1032 of the NDAA bill."

S.1867

National Defense Authorization Act for Fiscal Year 2012 (Placed on Calendar Senate - PCS)

Subtitle D--Detainee 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 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.
(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.
(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 107-40) 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 coordination 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:
(A) 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 subsection (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.

(d) Effective Date- This section shall take effect on the date that is 60 days after the date of the enactment of this Act, and shall apply with respect to persons described in subsection (a)(2) who are taken into the custody or brought under the control of the United States on or after that effective date.
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Buellkowski
Posted on Tuesday, November 29, 2011 - 01:10 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Blake, see my link.

I read it that if you're Al-Qaeda or Taliban affiliated and you're caught in the U.S., you go to the brig (as a "combatant") instead of the pokey (as a "defendant").

How do we currently handle foreign spies? Military or criminal justice?
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Blake
Posted on Tuesday, November 29, 2011 - 01:14 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Sifo Posted on Tuesday, November 29, 2011 - 12:42 pm:       
As some have noted, we do have the 4th amendment.

Tell that to Anwar Al-Awlaki. He was targeted under legislation with virtually identical restrictions.


We've discussed that elsewhere. Citizenship is no shield for those actively waging war against the nation. It's been shown convincingly and also from his own words that Awlaki was indeed doing so. The constitution is not a suicide pact.
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Sifo
Posted on Tuesday, November 29, 2011 - 01:18 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

We've discussed that elsewhere. Citizenship is no shield for those actively waging war against the nation. It's been shown convincingly and also from his own words that Awlaki was indeed doing so. The constitution is not a suicide pact.

Blake, If you can find that thread and read the last post I made, you will find that to not be true. I don't believe anyone ever answered that last post.
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Blake
Posted on Tuesday, November 29, 2011 - 01:19 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

(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.
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Sifo
Posted on Tuesday, November 29, 2011 - 01:24 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

(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.

Does that leave open the option of open ended detention in civilian custody? I really don't know... Asking a question.
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Blake
Posted on Tuesday, November 29, 2011 - 01:30 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I disagree Sifo. Your standard for convincing evidence would render our war fighting completely impotent. At some point we must trust those we elect and those in our military. The constitution does not require all concerned citizens to be on board with military strikes, nor does it mandate that we all be provided classified intelligence information towards such an end. It does mandate clear chain of command and congressional oversight. My congressman is okay with the strike and he's a reliable strict constitutional constructionist.

Additionally, there is no plausible motive for the targeting of alawki other than his enemy combatant status.

And again, if we are to be concerned with over-reaching of federal use of deadly force against US citizens, then we should be unendingly outraged and seeking justice for the victims of Ruby Ridge and Waco. If you are going to offer an example of federal criminal use of force, THOSE are the cases you ought to site. It seems your distaste for Obama is distorting your reasoning. I can sympathize!
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Cityxslicker
Posted on Tuesday, November 29, 2011 - 01:34 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

in time of war - spies get a bullet in the head - same as pirates - and it is all legal under the Geneva Convention; terrorists get a double tap to the chest too.

The detainee camps, internment camps..... I can tell you the units that will be running them - saw this one coming years ago - don't be naive enough to think that it will be used against 'border transgressors' or radical jihadi terrorist f*cks - this is directed and aimed at 'hostile groups'.... not OWS.... yep - TEA PARTY and Returning Vets ; just wait.
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Blake
Posted on Tuesday, November 29, 2011 - 01:35 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

>>> Does that leave open the option of open ended detention in civilian custody? I really don't know... Asking a question.

What does the constitution say?

Also, does the bill govern civilian jurisprudence?
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Aesquire
Posted on Tuesday, November 29, 2011 - 09:10 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

http://www.washingtontimes.com/news/2011/nov/29/se nate-defies-obama-veto-threat-terrorist-custody-/

Not sure if this is the same thing.

Blake. I agree about the suicide pact. I'm right in there with you on terrorists having NO rights, as their actions put them beyond the pale. Treat them like pirates, or at least far worse than child rapists, another bad apple in the pie of life that has a scary high Recidivism rate, so execution is the only way to prevent repeat crimes.

But...
At some point we must trust those we elect and those in our military. seems to be FAR too trustful of people who have PROVEN they cannot, in fact, be trusted.

I agree we should still be mindful of the lesson of Waco Tx. Where APPOINTED officials lied, and got the military to violate the law and slaughter 70+ people. Most American Citizens. ( Some 24 were Brits )

Anyway, by complaining about this in a public forum, you guys are all now on the list of terrorists. Have fun.
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Aesquire
Posted on Thursday, December 08, 2011 - 08:24 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

http://www.weeklystandard.com/blogs/lying-holder-s ays-has-do-your-state-mind_611731.html

Actually, lying has to do with your proven intent to deceive, you dishonest ^&*(.

http://campaign2012.washingtonexaminer.com/blogs/b eltway-confidential/fireworks-issa-compares-holder -nixons-ag/245561

Actually I think John Dean would be a closer match. Not in the job held, but in the resemblance to a weasel.

http://campaign2012.washingtonexaminer.com/blogs/b eltway-confidential/holder-nobody-doj-has-lied/244 706

Not "lied" just deliberately mislead, told untrue stories, attempted to deceive, and are complicit in multiple murders and felonies in 2 nations. But not "lied". Oh no, not that. Mother*&^*(......

Pity the original plot of this thread has been left to die. The idea of being held without bail, trial, forever, in secret, is a little disturbing.

Don't, please, don't give me the old cliche..."If you've done nothing wrong, you have nothing to fear". Since this admin has made it very clear that those who take their oaths to defend the Constitution seriously are suspected terrorists, that includes all vets, LEO's etc. Toss in the claim this Admin makes that they are allowed to lie to you about the existence of documents requested under the FOI act, and are OBVIOUSLY willing to extend that "legal right" to lie to any thing. Any time. By any means necessary.

( for those not paying attention. An anti constitutional group made a lie about guns being smuggled into Mexico. The President of the US repeated that lie, then the Justice Dept of the US through it's BATF arm facilitated the illegal sale and smuggling of millions in guns into Mexico to known Drug cartels. The reason, to make more restrictive gun control laws. ( FACT based on DOJ e-mails )and make the lies of the President true. (Speculation, based on Holder and Obama's character and past actions )
In multiple cases the dealers of the firearms asked for double checks on the sales, because they smelled bad and were ordered to make the sales by Holders minions. BATF agents tried to stop this but were threatened by their "superiors" and told to let the smuggling take place. An impeachable offense. )
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Cityxslicker
Posted on Friday, December 09, 2011 - 05:40 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

"Pity the original plot of this thread has been left to die. The idea of being held without bail, trial, forever, in secret, is a little disturbing."

Maybe it means I get my job back in Uzbekistan
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Davegess
Posted on Friday, December 09, 2011 - 10:45 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Interesting that it died after it became clear that the Obama administration was completely against it and the Republicans were backing it. ; )
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Hootowl
Posted on Friday, December 09, 2011 - 11:09 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I think it died after it became clear that it did not affect US citizens and was narrowly targeted at foreigners operating within the US.
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Hootowl
Posted on Friday, December 09, 2011 - 11:11 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

"I agree we should still be mindful of the lesson of Waco Tx. Where APPOINTED officials lied, and got the military to violate the law and slaughter 70+ people. Most American Citizens. ( Some 24 were Brits )

"

That was the ATF, not the military.
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Johnnymceldoo
Posted on Friday, December 09, 2011 - 12:41 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Dave its kind of funny how you guys seemed to shut up about patriot act as well as TSA beginning in 2009. Never hear about gitmo either.
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