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Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)

 
Cybermerc
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12/13/2011 09:45 PM
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Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
I got this from my Senator,

Thank you for contacting me regarding the provisions addressing detainee matters in the National Defense Authorization Act (NDAA) for Fiscal Year 2012, S. 1867. I appreciate hearing from you.

As you may know, the Senate recently debated several NDAA provisions addressing detainee matters. One provision, Section 1031 of the bill, attempts to codify the President’s authority to detain members of al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States. As requested by the Obama Administration, Section 1031 contains a provision explicitly clarifying that it does not expand the President’s existing authority to detain. A second provision, Section 1032, requires military custody of al-Qaeda members who attack or make plans to attack the United States. It is important to point out that, under this provision, the Executive Branch has the flexibility to keep a covered detainee in civilian custody, pursuant to a national security determination, or to transfer a military detainee for trial in the civilian courts. The bill also includes provisions relating to the transfer of detainees held at Guantanamo Bay.

Many had concerns that the detainee provisions in the NDAA amounted to a major shift in U.S. policy. Some news reports characterized the provisions of the bill as potentially allowing the indefinite detention of any U.S. citizen for any reason. Let me clearly state that the bill does not authorize any such action. In fact, by codifying the specific authority of the President, Congress has reengaged on a very important national security issue and attempted to clarify what the President can and cannot do. This is a noteworthy departure from prior post-9/11 Congress which have not come to consensus on a detainee legal framework.

Nevertheless, I am concerned that the detainee provisions could raise questions regarding the process by which the Administration detains and prosecutes members of al-Qaeda who attempt to attack the U.S. For example, we must ensure that the military custody provisions do not hamper the Administration’s ability to prosecute a detainee in civilian courts if it determines that this is the most appropriate venue.

Senator Mark Udall from Colorado offered an amendment to the NDAA that would have removed the underlying provisions addressing detainee matters. Instead, it would have required full participation from the Administration and the Senate Armed Services, Judiciary, and Intelligence committees prior to legislation codifying detainee policies. Due to my concerns with the provisions, I supported Senator Udall’s amendment. Unfortunately, it was defeated by a vote of 38 to 60.

I also supported an amendment introduced by Senator Dianne Feinstein of California to clarify that Section 1031 does not affect existing law or authorities relating to the detention of U.S. citizens, lawful resident aliens of the U.S., or any other persons who are captured in the United States. Senator Feinstein’s amendment passed handily.

Given the complexity and importance of this issue, and the heated rhetoric and confusion about the actual wording of the detainee provisions, I invite you to read them for yourself. You can find them at page 426 of S. 1867, which you can access here: [link to thomas.loc.gov]

The overall bill, including the language of Senator Feinstein’s amendment, makes it abundantly clear that the detainee provisions do not affect existing law relating to the detention of U.S. citizens. In addition, I plan to work with the Administration to ensure that it has the flexibility to prosecute detainees in the most effective ways possible. In the end, I voted yes on the overall bill, which sets annual pay for our troops and provides the tools that keep them safe. The NDAA passed the Senate with overwhelming bipartisan support (93 to 7) and must now be reconciled with the House version of the NDAA.

I value the input of fellow Coloradans in considering the wide variety of important issues and legislative initiatives that come before the Senate. I hope you will continue to inform me of your thoughts and concerns.

For more information about my priorities as a U.S. Senator, I invite you to visit my website at [link to bennet.senate.gov] Again, thank you for contacting me.


Sincerely,

Michael Bennet
United States Senator
-------------------------------------------------------------​-------------

link to section 1031 [link to thomas.loc.gov]

So checked the NDAA and sure enough this is part of the Act now:

Section 1031 subsection (e) Authorities- 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.

So everyone freaking out that we are about to all be tossed into a FEMA camp chill out already.
"If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy."
- James Madison

“The first time you blow someone away is not an insignificant event. That said, there are some assholes in the world that just need to be shot.”
- Marine Gen. James Mattis
Cybermerc (OP)

User ID: 1254056
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12/13/2011 10:21 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
Apparently when congress actually fixes something they fucked up no one cares.

bump
"If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy."
- James Madison

“The first time you blow someone away is not an insignificant event. That said, there are some assholes in the world that just need to be shot.”
- Marine Gen. James Mattis
Anonymous Coward
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12/13/2011 10:24 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
Apparently when congress actually fixes something they fucked up no one cares.

bump
 Quoting: Cybermerc


Or nobody believes a senator.

Was he one of the 93 traitors that voted for it, per chance?
Cybermerc (OP)

User ID: 1254056
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12/13/2011 10:27 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
Apparently when congress actually fixes something they fucked up no one cares.

bump
 Quoting: Cybermerc


Or nobody believes a senator.

Was he one of the 93 traitors that voted for it, per chance?
 Quoting: Anonymous Coward 7078751


holypalm

Did you actually read what I added below the dotted line?

[link to thomas.loc.gov]

Section 1031 (e) Authorities- 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.

Last Edited by Cybermerc on 12/13/2011 10:33 PM
"If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy."
- James Madison

“The first time you blow someone away is not an insignificant event. That said, there are some assholes in the world that just need to be shot.”
- Marine Gen. James Mattis
Anonymous Coward
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12/13/2011 10:33 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
The Feinstein amendment did not pass. I watched that part. it failed. Why he told you it passed I do not know.

But I do know nothing about the Levin/McCain 1031 part is changed it includes U.S. citizens.

The Feinstein failed that would have excluded U.S. Citizens failed by 20 votes I believe.

Your Senator lied to you.

Which shouldn't be a surprise to you.
Anonymous Coward
User ID: 1075472
Canada
12/13/2011 10:34 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
Apparently when congress actually fixes something they fucked up no one cares.

bump
 Quoting: Cybermerc


That's because he's full of it.
Girl Genius

User ID: 1133676
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12/13/2011 10:35 PM

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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
Apparently when congress actually fixes something they fucked up no one cares.

bump
 Quoting: Cybermerc


Not doomy enough for GLP chuckle

Thanks for posting, Cybermerc! And more importantly, thanks for your continued involvement and communications with your representatives. For what it's worth my husband and I keep in good contact with ours, lol. Sure we have a file by now :)
For nothing is secret that will not be revealed…

:blue-faeries:
Anonymous Coward
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12/13/2011 10:35 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
He's a STINKING LIAR, A PIECE OF SHIT FASCIST.

HE LIED TO YOU.
Cybermerc (OP)

User ID: 1254056
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12/13/2011 10:38 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
Check the link it I posted. Section 1031 (e) is in there.

Its also in [link to www.gpo.gov] page 428

Thats the latest update they have for it. So unless you guys have another .gov source I'll believe whats written there.
"If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy."
- James Madison

“The first time you blow someone away is not an insignificant event. That said, there are some assholes in the world that just need to be shot.”
- Marine Gen. James Mattis
Cybermerc (OP)

User ID: 1254056
United States
12/13/2011 10:43 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
Apparently when congress actually fixes something they fucked up no one cares.

bump
 Quoting: Cybermerc


Not doomy enough for GLP chuckle

Thanks for posting, Cybermerc! And more importantly, thanks for your continued involvement and communications with your representatives. For what it's worth my husband and I keep in good contact with ours, lol. Sure we have a file by now :)
 Quoting: Girl Genius


LOL, yeah I know I shouldn't try to make doom go away on this site. I was pretty worried about the previous version of the Act so I made sure to write my Senators. One of them Udall, tried to get the original wording removed.

I'm sure I have a file too, with as many times that I have written them. I'm okay with that. I'd rather voice my opinion to someone that can actually do something about whatever it may be then be silent.
"If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy."
- James Madison

“The first time you blow someone away is not an insignificant event. That said, there are some assholes in the world that just need to be shot.”
- Marine Gen. James Mattis
Anonymous Coward
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12/13/2011 10:45 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
You mean "The Frankenstein Amendment"


The Feinstein amendment did not pass. I watched that part. it failed. Why he told you it passed I do not know.

But I do know nothing about the Levin/McCain 1031 part is changed it includes U.S. citizens.

The Feinstein failed that would have excluded U.S. Citizens failed by 20 votes I believe.

Your Senator lied to you.

Which shouldn't be a surprise to you.
 Quoting: Anonymous Coward 1113183
Anonymous Coward
User ID: 1013803
United States
12/13/2011 10:49 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
The Feinstein amendment did not pass. I watched that part. it failed. Why he told you it passed I do not know.

But I do know nothing about the Levin/McCain 1031 part is changed it includes U.S. citizens.

The Feinstein failed that would have excluded U.S. Citizens failed by 20 votes I believe.

Your Senator lied to you.

Which shouldn't be a surprise to you.
 Quoting: Anonymous Coward 1113183


My Congressman's office Lied to me today too, about this same issue, so I am not surprised in the least. the bastards!
Royslist

User ID: 1611270
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12/13/2011 10:56 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
it will be up to the courts to overturn this law now once obama signs it into power, which he will, make no mistake.

very good coverage of the Frankenstein Amendment here: [link to issuesoncall.blogspot.com]

He lied to you.
If the most important knowledge was shared openly with everyone it would surely be Vulgarized.

KNOW ENOUGH TO KNOW TO BE NOWHERE BUT NOW-HERE

"42" Fill your blood with Gold and let go of Black Metal
Cybermerc (OP)

User ID: 1254056
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12/13/2011 10:58 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
The Feinstein amendment did not pass. I watched that part. it failed. Why he told you it passed I do not know.

But I do know nothing about the Levin/McCain 1031 part is changed it includes U.S. citizens.

The Feinstein failed that would have excluded U.S. Citizens failed by 20 votes I believe.

Your Senator lied to you.

Which shouldn't be a surprise to you.
 Quoting: Anonymous Coward 1113183


How recently did you see this happen? Was it on Dec 3rd or so? That was for a different amendment. That amendment was to limit military detentions to only those captured overseas and that did fail by 55-35. The wording in Section 1031 (e) was a different amendment.
"If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy."
- James Madison

“The first time you blow someone away is not an insignificant event. That said, there are some assholes in the world that just need to be shot.”
- Marine Gen. James Mattis
Cybermerc (OP)

User ID: 1254056
United States
12/13/2011 11:10 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
it will be up to the courts to overturn this law now once obama signs it into power, which he will, make no mistake.

very good coverage of the Frankenstein Amendment here: [link to issuesoncall.blogspot.com]

He lied to you.
 Quoting: Royslist



Actually in the link it states "While a compromise amendment introduced by Sen. Dianne Feinstein (D-Calif.) was settled upon, Rep. Justin Amash (R-Mich.) contends that it is merely “cleverly worded nonsense,” and does not actually protect Americans as it is claimed to do." So it was added, he didn't lie. He just didn't tell the whole truth.

And after reading that article it does raise some interesting questions. Like this statement,"Feinstein admits that her amendment was more of a “truce” between the two opposing groups, and that it ultimately leaves the issue of detention to the courts." So what the hell was the point of even adding it. Grrrr

Last Edited by Cybermerc on 12/13/2011 11:11 PM
"If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy."
- James Madison

“The first time you blow someone away is not an insignificant event. That said, there are some assholes in the world that just need to be shot.”
- Marine Gen. James Mattis
Cybermerc (OP)

User ID: 1254056
United States
12/13/2011 11:28 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
Just replied to my Senator

Dear Senator Bennet,

First off, thank you for your initial reply to my question regarding this.

Second, I don't believe the Sen. Feinstein Amendment to SEC 1031 of the NDAA will really make much difference. She even admits to it, "Feinstein admits that her amendment was more of a “truce” between the two opposing groups, and that it ultimately leaves the issue of detention to the courts."

And even the bill originators think the Amendment will have no affect, "The final amendment to preserve current detention restrictions could turn out to be meaningless and Sens. [Carl] Levin and [Lindsey] Graham [R-S.C.] made clear that they believe this power to use the military against American citizens will not be affected by the new language."

Source - [link to issuesoncall.blogspot.com]

Frankly this is very troublesome. I am hopeful President Obama will Veto this bill or at worst it will be over turned by the Supreme Court.

And to those that gave this 1 star, right back at ya finger at least I'm talking to my representative, what are you doing about it?
"If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy."
- James Madison

“The first time you blow someone away is not an insignificant event. That said, there are some assholes in the world that just need to be shot.”
- Marine Gen. James Mattis
Anonymous Coward
User ID: 7078751
United States
12/13/2011 11:31 PM
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Re: Military no longer authorized to indefinitely detain US citizens under the National Defense Authorization Act (NDAA)
OP is just another clueless F-tard who thinks of himself as "intelligent".

In reality, he's the type who ALLOWS this kind of shit, by sucking up lies like candy.