Before you get started I selfishly wanted to throw out the point in which the MSM, (especially locally) refuses to spend the proper time on such massive topics. In the mean time they want to call us unsubstantiated, unconfirmed and not accountable. Well, let me just say this. Once you read this in full and realize you have NOT been educated by the MSM, I think you'll learn a whole new respect for "some" BLOGS. If it weren't for Blogs and Citizens coming forward with such information we'd be lost as a country. New Posts will fall below for the day.
Much has been said about the controversial National Defense Authorization Act for 2012, also known as S1867. This bill originated in the Senate where it was approved and forwarded to the House of Representatives. This week it was approved by the House and now it is on it's way to the President's desk, where it is expected to be signed into law.
S1867 addresses every aspect of our military from funding for research and developement of advanced military communications to the authority of our military to act at home and abroad, including the rules they must follow. Section 1031 is where the controversy begins....the authority of the U.S. military to arrest/detain people on U.S. soil which some say is a blatant violation of Posse Comitatus.
The Posse Comitatus Act is the United States federal law (18 U.S.C. § 1385) that was passed on June 18, 1878, after the end of Reconstruction. Its intent (in concert with the Insurrection Act of 1807) was to limit the powers of local governments and law enforcement agencies from using federal military personnel to enforce the laws of the land. Contrary to popular belief, the Act does not prohibit members of the Army from exercising state law enforcement, police, or peace officer powers that maintain "law and order"; it simply requires that any orders to do so must originate with the United States Constitution or Act of Congress. (Wikipedia)
Now to the meat of it. Section 1031 states as follows:
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 111–25 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).
Opponents of this legislation claim that:
1) Subsection "A" is, in fact, the Act of Congress required by the Posse Comitatus Act granting wide open authorization of the Military to engage in law enforcement activities and virtually naming the entire homeland a battlefront;
2) Although U.S. Citizens aren't listed under "Covered Persons" , they aren't specifically exempted; (more on that later)
3) Belligerent - defined as "hostile or aggressive: hostile, ready to start a fight, or ready to go to war" is very broad and would be used to detain U.S. Citizens ready to stand and use force to defend the Constitution - under section 1031.
Proponents of this legislation claim that opponents are wrong. That the following wording from section 1032 specifically protects U.S. Citizens from arrest by the U.S. Military should this be signed into law.
SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.......
(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
It should be noted that this claim has no validity since it relates to section 1032 only (which is substantially more than listed above). It does NOT exempt U.S. Citizens from custody in section 1031.
And finally, opponents of this legislation say that Federal Law lays out certain circumstances under which U.S. Citizens can be stripped of their citizenship without recourse and therefore can be held without trial pursuant to the provisions of s1867. That Federal law is listed below.
a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality—
(3) entering, or serving in, the armed forces of a foreign state if
(A) such armed forces are engaged in hostilities against the United States, or
(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.
From the Homeland Security report: “Rightwing extremism in the United States can be broadly divided into those groups, movements, and adherents that are primarily hate-oriented (based on hatred of particular religious, racial or ethnic groups), and those that are mainly antigovernment, rejecting government authority entirely. It may include groups and individuals that are dedicated to a single issue, such as opposition to abortion or immigration.” In other words, if you support the Tenth Amendment of the Constitution and want the government out of your business then this administration considers you a terrorist.
So, do you really want Obama to have the power to send the military to arrest you and detain you “under the law of war without trial until the end of the hostilities” as prescribed in Section 1031 of this act?
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
32 comments:
And to think, anyone that compares Obama to Hitler is bashed, but in reality, it IS true!
I hope this wouldn't be used on those with the Occupy movement. As much as I disagree with it, if they become hostile, they should be treated as a person who broke the law, not a person ready to commit treason. This law a bit alarming. I see a little bit of good in it, since many terrorists live in the US or are even US citizens. But my fear is that this would be taken to the extreme under the wrong leadership- whether a President, Police Chief, Army commander, etc.
8:53 AM, It absolutely is true and if Obama wants to live in a country that does this then he needs to move there and leave the USA alone. He is so much like Hitler it is really, really scary.
We are turning into a communist country --anyone who criticizes the Government will be thrown in prison like Cuba, China, and Venezuela. The beginning of the end of freedom.
Yes it's true. And superimpose this on other issues such as hyperinflation gripping the U.S. The number of homeless families increasing everyday. Ladies and gentlemen you are witnessing a modern day Wiemer Republic. And what came after the wiemer Republic in the 1920's? Hitler, a ruthless dictator. Just stand by and watch as this stuff unfolds. As for me? Hmmm.....I'll just keep collecting food and ammo.
Exactly 8:56. What was that quote? "Anyone who would sacrifice freedom for security deserves neither"
WOW! What an incredible article. You are dead on Joe. Some people are actually paying to buy a newspaper while being brainwashed into believing what they are reading is true. I had no idea this was that serious and I have not seen anything like this elsewhere. I'm a democrat who will be voting republican this election. God help us all.
You numbnuts have no idea what it's really like to live in the communist country.
You also have no idea how good you have it here. Go live in China or Russia for a week or two, you'll crawl back crying.
You're an embarrassment to this country.
Anon 8:56 don't be fooled. DHS has infiltrated the Occupy movement and is gathering intel and creating an association matrix for each group. Know this. DHS infiltration is a military activity. They are carrying out actions in the same manners as those carried out by the KGB in the 70's and 80's. The actions of local police to break up these movements is being done at the direction of DHS and is based upon intelligence gathered by their operatives. When it looks like things may get out of control, they break them up. Yes, revolution is already being planned and combatted at a federal level. And it's all being kept quiet.
"So, do you really want Obama to have the power to send the military to arrest you and detain you “under the law of war without trial until the end of the hostilities” as prescribed in Section 1031 of this act?"
No, but I don't want Gingrich or Romney or any future President too either. This is not all Obama's fault. Republicans voted for this too. (And Republican presidents in the future will enforce it.)
Gee, 9:12, I thought I read it was passed by the House. Last time I checked, the republicans had the majority there. Maybe your blanket statement has a few holes in it?
The entire social fabric is being unravelled and re wound. Social engineering some would call it. But there are those who will resist. Remember the Tea Party tried to do it peacefully. JFK said "Those who make peaceful revolution impossible, make violent revolution inevitable". What a wise man he was. Too wise for his own good apparently. Now comes the Occupy movement. More forceful than the movement before it. But now the Tea Party looks at S1867 and the Washington Liaison for TeaParty.net asks "What's Next?" Will the Tea Party realize that there is no peacefull political solution to the current financial situation OR the ever growing tyrant government? Will they ramp up the violence next?
9:15 and 9:19 are absolutely right. This is no longer a Republican/Democrat issue. This is an American issue. Liberal/Conservative issue if you must. Make no mistake. Party no longer matters. ANY president will invoke these powers. The people will now rise up. It's bound to happen.
Ignore parties. Vote on the issues. Make the statement that parties don't matter.
If Congress is merely codifying existing law, why are they doing it at all?
No, these are absolutely new powers that allow US citizens to be treated like enemy combatants on our own soil. Your Congressman is claiming to justify a position that cannot be justified.
The word “terrorism” does NOT justify all means of government power over our citizens in the name of safety. The news media’s outrage isn’t propaganda; this is outrage -- need to listen and make your own decision, instead of being placated with a promise that one can always go to the courts. That won’t do you much good when you have been picked up, are not earning money, and your family is not told where you are – that’s right, no disclosure or charges needed.
Donna Wiesner Keene
Washington Liaison
theTeaParty.net
Alex, go back to Russia if it's not so bad.
Vote on issues? Really? Do you really think voting matters anymore?
Alex it doesn't matter how good we have it here. It was supposed to be better. And it used to be. Our economy boomed without so much government intervention. Don't bitch about people voicing their opinions pursuant to their 1st amendment right. If you find it so repulsive that people express an opinion different than yours, leave. Until then, shut your face. It's people like you who have made this country like it is. It's people like us who were complacent enough to let people like you to take it there. We're trying to change. You will be in the way. Remember. It was only 3% of the population who fought the 1st American Revolution. The remaining 97% either remained silent of turned the patriots in to the British.
"In the beginning of a change, the Patriot is a scarce man, brave, hated and scorned. When his cause succeeds, however, the timid join him, for then it costs nothing to be a Patriot." Mark Twain
Alex, we look for you to associate with the patriots when there is nothing left to lose. Then you will lay back and enjoy the fruit of our labor. Coward.
9:12 - this was a provision that Republicans in both the Senate and House demanded. As part of the compromises made to pass the bill, the democrats allowed it.
If anyone of a conservative stripe is worried how Obama could use such authority, ask why YOUR party wanted this power given to POTUS in the first place.
Anyone who likens Obama to Hitler obviously doesn't know much about either one.
9:13 what an ass.
This is serious .
Our great nation is on the edge.
This goes against the very fabric of our freedom.
It is one thing to voice an opinion, but when misinformed people start to compare this country to China or Russia it just shows ignorance. That I find repulsive.
9:37 (first one) you obviously can't comrehend simple sentences.
No Alex. Comparing this country to China or Russia shows ......FORESIGHT! That's right, Foresight. That's where we are headed.
Alex...haha You blame 9:37 for not being able to comprehend a simple sentence when you can't even spell comprehend. Idiot
I have lived in Russia.
The police state here rivals that of communism and is in fact worse. This law is confirmation. It is an assault on our freedoms, a declaration of war on the American people. The government will not even detain/deport those foreign nationals that are in our country criminally yet they will vote to detain citizens without due process?
Something is VERY wrong in the USA.
Tyranny. That's what it is.
4:07 VERY good point! The best point made here so far IMHO. They vote to detain American Citizens but won't launch on illegal immigrants. Most interesting!
Let's not forget that Obama assasinated an American citizen riding in a convoy using a predator drone because he had helped plan an attack in the past. In the past. At least make an attempt to take him into custody if you know where he is. Bring him to justice! Not Obama. Locate the suspect and blow him up. No trial. He had never been convicted - just suspected and killed.
how much more are we supposed to take?
Does ANYONE believe that our own government is NOT planning to use the military against the civilian population? Remember, too, that we recently signed a treaty with Cananda that allows each other's military to operate in each other's country. Isn't the reasoning for THAT move much clearer now? I've said it before and they (the government) keep proving me right. They are getting "ready" as quick as they can for civil insurrection and setting up every possible strong arm response. But the stupid and blind sheep keep cheering and clapping at every turn of the screws. Hitler, remember, sold 10 MILLION copies of Mein Kampf and was hugely popular. He had a lot of sheep he was herding, too. Keep stocking up. Guns. Ammo. Food. Water. Medical supplies. its coming and this law is an open palm slap in the face to every American citizen. They know it and don't give a damn whether you like it or not.
Imclain - don't forget communications. Small $100 hand held gmrs radios jammed up the military's multi billion dollar communication tracking and targeting system used by the drones to home in on alqaeda cell phones. CB's will go a long way when the SHTF.
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