srothstein wrote:VMI77 wrote:Doesn't look like that's true to me --there are two categories of "covered persons." One applies to people covered under the authorization to use the military in response to the 9/11 attacks. The other, paragraph 2, applies to people who have supported associated forces or committed a "belligerent" act against the US or it's coalition partners. Supported could mean giving money to a charity, that unbeknownst to the contributor, funnels money to one of those "associated" forces, something it is entirely possible to do without the knowledge or intent of aiding such forces. Posting inflammatory comments on the internet could be construed as a "belligerent" act.
You need to read the whole section as it reads. The first paragraph says it applies to covered persons as defined by the next paragraph if they are authorized under the mentioned law. The second paragraph then defines who a covered person is. This means that the person must meet one of the requirements in paragraph b to be a covered person and the requirement in paragraph a of being covered by the law.Also, where does it say the law doesn't "apply" to US citizens? It says the "requirement" to detain doesn't extend to US citizens, which merely seems to make such detention discretionary. Nowhere does it say such detention is prohibited. If the intention is really to exclude US citizens, why doesn't the language say so in no uncertain terms?
Again, you need to read the whole section. In this case, you also need to understand some legal wording. Paragraph A says the military shall hold a person. This makes it a requirement, not just an authority. So, in paragraph b when it removes the requirement, it also means all other laws become applicable. This includes posse comitatus that denies the military the authority unless otherwise specifically authorized.
So, the way I read the law, there is a lot of smoke and mirrors being thrown around about it. I do not find the law to allow detention of US citizens based on this law. I could be wrong of course, as I disagreed with some of the other legal rulings to come out of the Attorney General's office in the past few years (both the current and previous AGs).The other significant element here is that detention comes without any presentation of evidence, since there is no trial; nor is there any limit on the length of detention, since we all know that the WOT is never going to end. So essentially, the law allows people to be placed in prison, indefinitely, on nothing more than an allegation (and no doubt, the claim will be made that there is evidence, but it's secret and can't be disclosed). Finally, I will point out that the Constitution doesn't grant the right to trial only to "citizens" --it says "persons."
This is a point I wholeheartedly agree with. The Constitution applies to the US government and limits it no matter who it is dealing with. One of the rulings I disagreed with that I referred to is the concept that the Constitution does not apply to the US government when it has its agents operating outside the US. The best way to protect my rights is to protect everyone else's rights also.
Anyone who wants to argue against this law on this basis has my full support. I don't like this law or the authority to use military force to begin with. But I strongly dislike the partisan debate that is full of untruths, half-truths, and misdirection. We need to debate on the basis of actual facts.
That one word, "requirement," makes me read it differently than you do, principally because using another word, like power, or authority, would make it crystal clear that it doesn't pertain to US citizens. The ACLU apparently agrees with my interpretation: http://www.aclu.org/blog/national-security/senators-demand-military-lock-american-citizens-battlefield-they-define-being
Don’t be confused by anyone claiming that the indefinite detention legislation does not apply to American citizens. It does. There is an exemption for American citizens from the mandatory detention requirement (section 1032 of the bill), but no exemption for American citizens from the authorization to use the military to indefinitely detain people without charge or trial (section 1031 of the bill). So, the result is that, under the bill, the military has the power to indefinitely imprison American citizens, but it does not have to use its power unless ordered to do so.
But you don’t have to believe us. Instead, read what one of the bill’s sponsors, Sen. Lindsey Graham said about it on the Senate floor: “1031, the statement of authority to detain, does apply to American citizens and it designates the world as the battlefield, including the homeland.”
But more significant is the quote from Lindsey Graham:
07:20:00 1031, THE STATEMENT OF AUTHORITY TO DETAIN, DOES APPLY TO AMERICAN CITIZENS AND IT DESIGNATES THE WORLD AS THE BATTLEFIELD, INCLUDING THE HOMELAND.