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Posted (edited)

You gave up the freedom of speech in that the government can label certain speech as promoting terrorism and they can label non-violent civil disobedience by citizens as an act of terror.

You gave up the right to freedom from unreasonable searches by championing searches and wiretaps with out probable cause.

You have given up the right to talk on the phone or send an email without the government listening or reading it. Would you be ok with the government opening all snail mail and reading it?

Sec 1021 of the 2012 NDAA:

It gives the right to detain "covered persons" pending disposition under the law of war. A covered person is anyone deemed to be aiding the enemy.

Disposition (1) detention without trial until the end of hostilities.

Look it up, it is all public record, and you fully support it.

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Posted

So Other one, did you get the chance to go read that section of the 2012 NDAA?


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Posted

I would suggest you re read it along with the other pertant sections.    1023 and 1024.

 

 

 

Subtitle D--Counterterrorism

SEC. 1021. 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; 50 U.S.C. 1541 note) 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.

    © 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) 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.

    (f) 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. 1022. MILITARY CUSTODY FOR FOREIGN AL-QAEDA TERRORISTS.

    (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 1021 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 1021©, except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1028.

        (4) WAIVER FOR NATIONAL SECURITY- The President may waive the requirement of paragraph (1) if the President 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.

    © 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.

            © Procedures providing that a determination under subsection (a)(2) is not required to be implemented until after the conclusion of an interrogation which is ongoing at the time the determination is made and does not require the interruption of any such ongoing interrogation.

            (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) Authorities- Nothing in this section shall be construed to affect the existing criminal enforcement and national security authorities of the Federal Bureau of Investigation or any other domestic law enforcement agency with regard to a covered person, regardless whether such covered person is held in military custody.

    (e) 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.

SEC. 1023. PROCEDURES FOR PERIODIC DETENTION REVIEW OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

    (a) Procedures Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth procedures for implementing the periodic review process required by Executive Order No. 13567 for individuals detained at United States Naval Station, Guantanamo Bay, Cuba, pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note).

    (b) Covered Matters- The procedures submitted under subsection (a) shall, at a minimum--

        (1) clarify that the purpose of the periodic review process is not to determine the legality of any detainee’s law of war detention, but to make discretionary determinations whether or not a detainee represents a continuing threat to the security of the United States;

        (2) clarify that the Secretary of Defense is responsible for any final decision to release or transfer an individual detained in military custody at United States Naval Station, Guantanamo Bay, Cuba, pursuant to the Executive Order referred to in subsection (a), and that in making such a final decision, the Secretary shall consider the recommendation of a periodic review board or review committee established pursuant to such Executive Order, but shall not be bound by any such recommendation;

        (3) clarify that the periodic review process applies to any individual who is detained as an unprivileged enemy belligerent at United States Naval Station, Guantanamo Bay, Cuba, at any time; and

        (4) ensure that appropriate consideration is given to factors addressing the need for continued detention of the detainee, including--

            (A) the likelihood the detainee will resume terrorist activity if transferred or released;

            (B) the likelihood the detainee will reestablish ties with al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners if transferred or released;

            © the likelihood of family, tribal, or government rehabilitation or support for the detainee if transferred or released;

            (D) the likelihood the detainee may be subject to trial by military commission; and

            (E) any law enforcement interest in the detainee.

    © Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congress’ means--

        (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and

        (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 1024. PROCEDURES FOR STATUS DETERMINATIONS.

    (a) In General- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth the procedures for determining the status of persons detained pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) for purposes of section 1021.

    (b) Elements of Procedures- The procedures required by this section shall provide for the following in the case of any unprivileged enemy belligerent who will be held in long-term detention under the law of war pursuant to the Authorization for Use of Military Force:

        (1) A military judge shall preside at proceedings for the determination of status of an unprivileged enemy belligerent.

        (2) An unprivileged enemy belligerent may, at the election of the belligerent, be represented by military counsel at proceedings for the determination of status of the belligerent.

    © Applicability- The Secretary of Defense is not required to apply the procedures required by this section in the case of a person for whom habeas corpus review is available in a Federal court.

    (d) Report on Modification of Procedures- The Secretary of Defense shall submit to the appropriate committees of Congress a report on any modification of the procedures submitted under this section. The report on any such modification shall be so submitted not later than 60 days before the date on which such modification goes into effect.

    (e) Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congress’ means--

        (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and

        (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.

 

Focus on exactly what a covered person is......      then look up the laws of war that this is pertaining to.

 

Then you can look at who has to declare these people as enemy combatants and how they regularly report this to congress for oversight.

 

To have you tell it a person can just be picked up and basically disappear for the rest of his/her life with no oversight or hope, and that simply is not true


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Posted (edited)

Fascinating, you think the current president wants to put the US under sharia law, yet trust him enough not to abuse this new power.

This is the downfall of being so partisan, you can't see the forest for the trees.

There was congressional oversight of wire tapping, and yet that went far beyond the reported scope and size. You have far more faith in elected party officials than I.

Edited by Uncertain

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Posted

This is a fairly decent article of the myths that have bee  written up about these sections of the NDAA.....

 

http://pandaunite.org/top-myths-about-the-ndaa/

 

Please understand that I'm not happy with the way that the NDAA is worded, but i also want home grown terrorists to be taken care of (citizens or not)....

 

A result of the time I have spent since the first Twin Towers bombing in 1993 studying the Koran and the Teachings of Mohammad in Bukhari's hadith I have understood the need for the NDAA....        Could it be abused.....   of course it could......    but it isn't likely to be abused nearly as much as it may be needed in the near future when one realizes just how far Islam has come to destroying our way of life.         We are not safe like snug as a bug in a rug in this world today....   we face serious dangers that we have not faced in years past from a different kind of enemy.


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Posted

Fascinating, you think the current president wants to put the US under sharia law, yet trust him enough not to abuse this new power.

This is the downfall of being so partisan, you can't see the forest for the trees.

There was congressional oversight of wire tapping, and yet that went far beyond the reported scope and size. You have far more faith in elected party officials than I.

He can not abuse this power for more than 90 days unless congress lets him.....     Do you understand that the office of the president has the power to declare a national emergency and set up the head of Homeland Security as the total dictator of this country for six months;  and has had since the days of Ronald Regan......   and it has nothing to do with this act.

  if you want to worry about something worry about that.

 

Concerning wire tapping,   how did that harm you.....   didn't harm me...     These things you are speaking of are not a problem unless the government is going to take total power in the hands of just a very few people......     and if the military goes along with that, you and I are simply screwed for you can't fight the military we have today....

 

These tools are being set up for protection largely because we are such an open society.

 

I agree with you that Obama is a danger to us all, but this act is not what he is using to harm us and the more time you spend on things of this nature the less you can convince people of what is ultimately going to bring us down.


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Posted (edited)

This is a fairly decent article of the myths that have bee written up about these sections of the NDAA.....

http://pandaunite.org/top-myths-about-the-ndaa/

Please understand that I'm not happy with the way that the NDAA is worded, but i also want home grown terrorists to be taken care of (citizens or not)....

A result of the time I have spent since the first Twin Towers bombing in 1993 studying the Koran and the Teachings of Mohammad in Bukhari's hadith I have understood the need for the NDAA.... Could it be abused..... of course it could...... but it isn't likely to be abused nearly as much as it may be needed in the near future when one realizes just how far Islam has come to destroying our way of life. We are not safe like snug as a bug in a rug in this world today.... we face serious dangers that we have not faced in years past from a different kind of enemy.

Will you be so up on home grown terrorism being squashed when churches start getting the terrorists label based upon issues like same sex marriage?

Oh, and look up the quote about giving up liberties for safety. In the end the trade off is never worth it.

Edited by Uncertain

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Posted

 

This is a fairly decent article of the myths that have bee  written up about these sections of the NDAA.....

 

http://pandaunite.org/top-myths-about-the-ndaa/

 

Please understand that I'm not happy with the way that the NDAA is worded, but i also want home grown terrorists to be taken care of (citizens or not)....

 

A result of the time I have spent since the first Twin Towers bombing in 1993 studying the Koran and the Teachings of Mohammad in Bukhari's hadith I have understood the need for the NDAA....        Could it be abused.....   of course it could......    but it isn't likely to be abused nearly as much as it may be needed in the near future when one realizes just how far Islam has come to destroying our way of life.         We are not safe like snug as a bug in a rug in this world today....   we face serious dangers that we have not faced in years past from a different kind of enemy.

Will you be so up on home grown terrorism being squashed when churches start getting the terrorists label based upon issues like same set marriage?

 

get real, this act has nothing to do with things of that nature......   go back to the definition of who this pertains to.     A pastor who refuses to marry gays is not an enemy combatant engaged in hostilities against the government. And for them to change that definition of the people that pertains to takes approval of congress.      You are taking things way beyond context.


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Posted

Fascinating, you think the current president wants to put the US under sharia law, yet trust him enough not to abuse this new power.

This is the downfall of being so partisan, you can't see the forest for the trees.

There was congressional oversight of wire tapping, and yet that went far beyond the reported scope and size. You have far more faith in elected party officials than I.

He can not abuse this power for more than 90 days unless congress lets him.....     Do you understand that the office of the president has the power to declare a national emergency and set up the head of Homeland Security as the total dictator of this country for six months;  and has had since the days of Ronald Regan......   and it has nothing to do with this act.

  if you want to worry about something worry about that.

 

Concerning wire tapping,   how did that harm you.....   didn't harm me...     These things you are speaking of are not a problem unless the government is going to take total power in the hands of just a very few people......     and if the military goes along with that, you and I are simply screwed for you can't fight the military we have today....

 

These tools are being set up for protection largely because we are such an open society.

 

I agree with you that Obama is a danger to us all, but this act is not what he is using to harm us and the more time you spend on things of this nature the less you can convince people of what is ultimately going to bring us down.

It harms you because it takes away an essential liberty, the right to privacy and the right to due process. I asked before, would you be ok with the government opening every piece of mail and examining the contents? What they are doing with phone calls and emails is no different.


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Posted

This is a fairly decent article of the myths that have bee  written up about these sections of the NDAA.....

 http://pandaunite.org/top-myths-about-the-ndaa/

 

Please understand that I'm not happy with the way that the NDAA is worded, but i also want home grown terrorists to be taken care of (citizens or not)....

 

A result of the time I have spent since the first Twin Towers bombing in 1993 studying the Koran and the Teachings of Mohammad in Bukhari's hadith I have understood the need for the NDAA....        Could it be abused.....   of course it could......    but it isn't likely to be abused nearly as much as it may be needed in the near future when one realizes just how far Islam has come to destroying our way of life.         We are not safe like snug as a bug in a rug in this world today....   we face serious dangers that we have not faced in years past from a different kind of enemy.

Will you be so up on home grown terrorism being squashed when churches start getting the terrorists label based upon issues like same set marriage?

get real, this act has nothing to do with things of that nature......   go back to the definition of who this pertains to.     A pastor who refuses to marry gays is not an enemy combatant engaged in hostilities against the government. And for them to change that definition of the people that pertains to takes approval of congress.      You are taking things way beyond context.

Why do you trust congress any more than a president?

And read what you posted above, they don't have to be an enemy combatant, just deemed to be providing aid or support. That is a very vague threshold.

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