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Obama signs Act that allows for indefinite detention of American citizens.

zombiegirlzombiegirl beating the drum of the lifelessin a dry wasteland Veteran
edited January 2012 in General Banter
Nobody seems to have posted this yet...

"Back in the beginning stages of the War on Terrorism, President Bush enacted the Patriot Act. This allowed the government to spy on citizens, monitoring their activities in order to discern whether or not someone is a terrorist. It brought about changes in law enforcement that allowed agencies to search phones, financial records, etc.

One of the most controversial aspects of the law is authorization of indefinite detention of non-U.S. citizens. Immigrants suspected of being terrorists would be detained without trial until the War on Terrorism finished.

On December 31, 2011, President Obama signed a law known as the National Defense Authorization Act for the 2012 fiscal year, or the H.R. 1540. Congress passes this act every year to monitor the budget for the Department of Defense. However, this year the NDAA bill has passed with new provisions that should have the entire country up with pitchforks.

Normally, this is just an act which details the monetary calls of the Department of Defense which is passed every year. However, the act passed for the 2012 fiscal year changes the bill and can be seen as an extension of the Patriot Act. Now, the indefinite detention has been extended to U.S. citizens as well. If people are spied on and suspected of being terrorists, they may be detained indefinitely without trial."


From: The Huffington Post
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Comments

  • I thought I heard that the part pertaining to American Citizens and those here on legal visa's was omitted.
  • I thought I heard that the part pertaining to American Citizens and those here on legal visa's was omitted.
    OK, can someone check on that please, before we get all worked up about this?

    Thanks, ZG, for posting this (we've been too busy frothing at the mouth about guns all this time... :crazy: ). But it sounds like all the facts may not be in.
  • zombiegirlzombiegirl beating the drum of the lifeless in a dry wasteland Veteran
    I thought I heard that the part pertaining to American Citizens and those here on legal visa's was omitted.
    OK, can someone check on that please, before we get all worked up about this?

    Thanks, ZG, for posting this (we've been too busy frothing at the mouth about guns all this time... :crazy: ). But it sounds like all the facts may not be in.
    It is my understanding that that is not possible unless they rewrite the entire thing and resubmit it. This is the problem that many politicians face when signing acts into laws, they must be accepted in their entirety. This is the reason that he probably signed it at all, actually, because like Obama said in LittleMighty's link, "I have signed the Act chiefly because it authorizes funding for the defense of the United States and its interests abroad, crucial services for service members and their families, and vital national security programs that must be renewed."

    And then further down Obama said, "The fact that I support this bill as a whole does not mean I agree with everything in it. In particular, I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists."

    This isn't inflated sensationalism, this is real.

    "Senior administration officials, who asked not to be named, told ABC News, “The president strongly believes that to detain American citizens in military custody infinitely without trial, would be a break with our traditions and values as a nation, and wants to make sure that any type of authorization coming from congress, complies with our Constitution, our rules of war and any applicable laws.”
    Above quote from This ABC News article

    Basically, what I gather is that he signed the law in because of the benefits, HOWEVER is pinky promising not to actually use the other bad objectionable stuff. Awesome.

  • zombiegirlzombiegirl beating the drum of the lifeless in a dry wasteland Veteran
    I'm just frustrated because it seems so shortsighted. Do I have faith that Obama will keep his promise not to violate our rights and values? Yes. Do I have faith that the politicians to follow him will adhere to the same policy when the law gives them the power to do otherwise? How could I? After all, we elected Bush... twice...
  • When I pulled the actual bill up a month or so ago, because of this, there were several conflicting areas which would allow the detention of Americans but then in other areas it contridicted itself. When it was signed a week or so ago, I'm almost positive I heard that the part (I believe it was section 1022-but don't quote me-) was rewritten with the part about American's being detained Omitted. In Obama's address on the issue when he discusses that section he does make mention of NON citizens. I'm sure we could find the signed bill online.
  • zombiegirlzombiegirl beating the drum of the lifeless in a dry wasteland Veteran
    @LittleMighty Ah, I see. That could definitely be, perhaps I am a little late to the party then. :) Although, the Huffington Post article was dated 1/3/12, which was just two days ago and it claims to the contrary.
  • Yea, I'm trying now to find the actual bill. When I looked at it originally I though people might just be reading too much into it. But I'm seeing all the new posts about it having gone through as well. Perhaps I am wrong. Wouldn't be the first time. (Just ask my husband, lol)
  • zombiegirlzombiegirl beating the drum of the lifeless in a dry wasteland Veteran
    @LittleMighty Okay, I did some more research and found the bill: Here is the PDF file.

    From page 266, "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(c), 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.
    "

    I had to read this a few times, but it sounds as thought you may be right. But I still wonder why all of the news agencies are reporting that it does extend to Americans. Are they wrong? Is this just a specific loop hole? Why wouldn't Obama say outright, "THIS DOES NOT APPLY TO AMERICAN CITIZENS!" and dispel the outrage? I'm confused.
  • Oh good, you found it. I was starting to go cross eyed. That second to last paragraph says it does not extend to Citizens. Which would mean to me...it doesn't include citizens.
    I don't know.
  • zombiegirlzombiegirl beating the drum of the lifeless in a dry wasteland Veteran
    edited January 2012
    Ah, an explanation: "Glenn Greenwald makes a compelling case that the law gives the government truly frightening powers. He notes that section 1022 exempts US citizens from the requirement of military detention but still leaves the option open to the state.

    “The only provision from which U.S. citizens are exempted here is the“requirement” of military detention,” Greenwald writes. “For foreign nationals accused of being members of Al Qaeda, military detention is mandatory; for U.S. citizens, it is optional. This section does not exempt U.S citizens from the presidential power of military detention: only from the requirement of military detention.
    "

    From:the Forbes article

    So, basically... Note the word requirement in 1022. They still have the power to do so if they wish, but it is not mandatory. I also didn't realize that this law made it MANDATORY to detain non-US citizens. Scary.
  • Big Brother is watching...
  • zombiegirlzombiegirl beating the drum of the lifeless in a dry wasteland Veteran
    Big Brother is watching...
    Indeed.

    This is why reading this sort of stuff makes me want to bash my head against a desk. That ONE WORD technically makes the rest of the sentence null.
  • @zombiegirl Terrorist suspects are not "spied on" they are investigated... but I'm with ya on the indefinite detention, it doesn't smell good.
  • TheswingisyellowTheswingisyellow Trying to be open to existence Samsara Veteran
    edited January 2012
    So Obama codified what was started under Bush! Way to go :thumbsup: What should I call these two groups now Dempublicans or Repubocrats? Change my a%$
  • zombiegirlzombiegirl beating the drum of the lifeless in a dry wasteland Veteran
    @zombiegirl Terrorist suspects are not "spied on" they are investigated... but I'm with ya on the indefinite detention, it doesn't smell good.
    I can't tell if the first part of your statement is supposed to be sarcastic or not. What is the definition of "spied on"? Being watched without your knowledge? Sounds like the Patriot Act to me... While not relevant to Obama, per se, it is relevant to this situation as a whole since, like Theswingisyellow pointed out, it does feel like a continuation of a running theme.
  • I think the scary thing about it is how they define 'Terrorist'. If they did act on this and did incarcerate a person, and did not have to bring definiative charges right away, they could simply say "we suspect them of being a terrorist". I wonder what kind of lines they would cross there. It seems very shady. Would you have to be physically buiding a bomb that they had information you planned to use in an attack agiainst Americans, or would it be you simply said "I don't like Obabma". I think without a clear defination many other rights could be violated. I think this bill will ultimatly be an attorney's dream.
  • I just read the 1st link little Mighty posted, and it says that the indefinite military detention of US citizens isn't authorized. Can someone help sort this out?

    If it does authorize indefinite detention of US citizens without trial, wouldn't a constitutional amendment be required to allow that? What about the Bill of Rights?
  • What about the Bill of Rights? Since when does that mean anything in America? Certainly not since 9/11/01, that's for sure. Hell, I would say the same about the rule of law in general. The country where I grew up and the military in which I served didn't torture people. The bad guys did stuff like that, and we were better than them for not doing it. No longer. Anybody who thinks the Constitution means anything to those in power anymore is delusional.
  • DakiniDakini Veteran
    edited January 2012
    Anybody who thinks the Constitution means anything to those in power anymore is delusional.
    *ahem* Please. :hrm:

    Hey, where's SwingIsYellow, and all his squawking about civil rights? Let's sic him on Congress! Hey, Swing, "you're either for civil rights or you aren't", right?
    Where are those feisty characters when you need them? ;)

    But we're not sure it does authorize detention of American citizens without trial. My reading of it said it didn't. Is there a lawyer in the house?
  • zombiegirlzombiegirl beating the drum of the lifeless in a dry wasteland Veteran
    @Dakini LittleMighty and I got to the bottom of that in the above posts (sorry, they are lengthy and involve legal jargon, haha). The article from Forbes answers this question. Long story short, the government CAN arrest US citizens but the referenced part in 1022 says that they are not REQUIRED to arrest US citizens. It is up to the government whether or not they want to.

    @LittleMighty This is what scares me too. Like, should I go burn all of the cds from my rebellious teen years when I listened to anarchist punk like Anti-Flag? Is it okay to even BE an anarchist (I'm not, mind you) in America anymore? Would that make you a terrorist?

    @Mountains I know, I kept thinking about that whole water-boarding thing... We always said we wouldn't engage in torture as well, and then, what do ya know? Is this whole debacle going to end up like that too? Where we say one thing and do differently...
  • @zombiegirl Terrorist suspects are not "spied on" they are investigated... but I'm with ya on the indefinite detention, it doesn't smell good.
    I can't tell if the first part of your statement is supposed to be sarcastic or not. What is the definition of "spied on"? Being watched without your knowledge? Sounds like the Patriot Act to me... While not relevant to Obama, per se, it is relevant to this situation as a whole since, like Theswingisyellow pointed out, it does feel like a continuation of a running theme.
    Spying is a covert observation against an enemy country or country of interest.... An investigation using covert surveillance is for criminal activities, and if conducted on presumed private communications, requires a warrant. I wasn't trying to be sarcastic, just pointing it out... Not a big deal

    And FYI, you personally could not be targeted under the Patriot Act


  • Anybody who thinks the Constitution means anything to those in power anymore is delusional.
    Well one of us is Mountains
  • DakiniDakini Veteran
    edited January 2012
    akini LittleMighty and I got to the bottom of that in the above posts (sorry, they are lengthy and involve legal jargon, haha). The article from Forbes answers this question. Long story short, the government CAN arrest US citizens but the referenced part in 1022 says that they are not REQUIRED to arrest US citizens. It is up to the government whether or not they want to.
    Oh, that technicality makes me feel a lot better. :p
    @LittleMighty This is what scares me too. Like, should I go burn all of the cds from my rebellious teen years when I listened to anarchist punk like Anti-Flag? Is it okay to even BE an anarchist (I'm not, mind you) in America anymore? Would that make you a terrorist?
    What worries me, ZG, is that it almost opens the door to people snitching on each other, because someone heard you with your anarchist music, and you had a guy in funny headgear (maybe a Sikh, or something, Americans are too ignorant to tell the difference between Arabs, Sikhs, and anyone else whose customs are different from ours) over at your place once, and ... you like shooting guns, plus you made the person who's snitching on your mad, she's jealous of you, so she's going to call Homeland Security on you, and you'll get on a no-fly list, and it'll be downhill from there.
    @Mountains I know, I kept thinking about that whole water-boarding thing... We always said we wouldn't engage in torture as well, and then, what do ya know? Is this whole debacle going to end up like that too? Where we say one thing and do differently...
    But y'know, gang, I bet they were doing stuff all along. The difference between post-9/11 and pre-, is that terrorism gave us an excuse to go above board with everything. Regime change? No problem, just take out Saddam! (It used to be done covertly by ... well... you know.) Torture people? Of course, look what they did to us, the whole world knows! We're entitled! Go after individuals who have conspired against us (even if they're US citizens, like the one they nailed a few months ago in Yemen), and gun them down (or drone them down) without trial? It's a new world now, we're fighting Terrorism. Who needs to be covert anymore? Who needs silly Geneva Conventions? Who even needs World Opinion, for that matter?

  • Telly03Telly03 Veteran
    edited January 2012
    And I know I will get flamed for this, but I feel water-boarding was a very compassionate thing to do. So you think causing discomfort to someone to gain information that saved numerous lives is bad? We are not talking about risk of life or even injuries to the terrorist, we are talking about creating an uncomfortable sensation... But you you rather sacrifice the lives so we are not labelled as bad torturous people? I guess I would rather wear that uncomfortable label than to be responsible for the loss of numerous lives... It's like which is worse, discomfort to one or death to many?
  • DakiniDakini Veteran
    edited January 2012
    An uncomfortable sensation? From what I've read, it's a lot more than that. And there were debates raging in the media about whether they got much quality information from anyone that way at all. I'm not an expert on that, I'm just saying, it was highly questionable whether the use of extreme measures was justified by the end result. We used to get info by other methods, not by drowning people almost. And don't forget those awful photos from Abu Ghraib. That was not an isolated incident. Nothing can justify that.

    No flames, Telly, just "enthusiastic" discussion. ;)
  • @dakini Geneva Conventions do not apply to Terrorists, yet we treated them pretty well for the most part
  • Anybody who thinks the Constitution means anything to those in power anymore is delusional.
    Well one of us is Mountains
    And it ain't me. How many instances of blatant disregard for the Constitution will it take to convince you?
  • An uncomfortable sensation? From what I've read, it's a lot more than that. And there were debates raging in the media about whether they got much quality information from anyone that way at all. We used to get info by other methods, not by drowning people almost. And don't forget those awful photos from Abu Ghraib. That was not an isolated incident. Nothing can justify that.
    Did someone drown?
  • And I know I will get flamed for this, but I feel water-boarding was a very compassionate thing to do. So you think causing discomfort to someone to gain information that saved numerous lives is bad? We are not talking about risk of life or even injuries to the terrorist, we are talking about creating an uncomfortable sensation... But you you rather sacrifice the lives so we are not labelled as bad torturous people? I guess I would rather wear that uncomfortable label than to be responsible for the loss of numerous lives... It's like which is worse, discomfort to one or death to many?
    Yes, you will get flamed. Torture is like pornography. I may not be able to define it, but I know it when I see it. And I'm sorry, but there is NO earthly way you can call torture (and waterboarding *is* torture) "compassionate". You've got a ***really*** screwed up definition of compassion if that's what you think qualifies. You amaze the crap out of me Telly. That kind of crap makes me ashamed to carry an American passport.
  • DakiniDakini Veteran
    edited January 2012
    No, I read that waterboarding causes a drowning and choking sensation, it feels like the person is going to die imminently. What do you think about humiliating the enemy? The world was outraged at those photos.

    Don't hold back, Mts., tell us how you feel. :lol:
  • @dakini debates? That's a laugh... Crazy political spin such as the conspiracy theories generated with no bases despite numerous reported intelligence successes, is not debates
  • DakiniDakini Veteran
    edited January 2012
    Wait, what conspiracy theories? On this thread?

    Oh, you mean my reference to covert "regime change"? That's been documented by journalists. Freedom of Information Act. Read the book "Bitter Fruit", full of documentation about the coup in Guatemala engineered by the US gov't.
  • Telly03Telly03 Veteran
    edited January 2012
    And I know I will get flamed for this, but I feel water-boarding was a very compassionate thing to do. So you think causing discomfort to someone to gain information that saved numerous lives is bad? We are not talking about risk of life or even injuries to the terrorist, we are talking about creating an uncomfortable sensation... But you you rather sacrifice the lives so we are not labelled as bad torturous people? I guess I would rather wear that uncomfortable label than to be responsible for the loss of numerous lives... It's like which is worse, discomfort to one or death to many?
    Yes, you will get flamed. Torture is like pornography. I may not be able to define it, but I know it when I see it. And I'm sorry, but there is NO earthly way you can call torture (and waterboarding *is* torture) "compassionate". You've got a ***really*** screwed up definition of compassion if that's what you think qualifies. You amaze the crap out of me Telly. That kind of crap makes me ashamed to carry an American passport.
    Just being pro life

    You embarrass me as well Mountains... Your so far left you can't even see middle, and so anti American I'm ashamed that you carry a US passport
  • DakiniDakini Veteran
    edited January 2012
    You embarrass me as well Mountains... Your so far left you can't even see middle, and so anti American I'm ashamed that you carry a US passport
    ROFL!!! :lol::lol::lol: You guys are killing me!

  • @mountains people who think like I do have saved countless lives, possibly even yours
  • DakiniDakini Veteran
    edited January 2012
    @mountains people who think like I do have saved countless lives, possibly even yours
    Actually, that could well be true. OK, gang, let's everybody cool off for a minute, before we resume.

    The thing is, the US isn't good enough at the behind-the-scenes intelligence that would help head off events like 9/11 before they happen. France caught a terrorist getting on an Air France plane in Paris a few years before 9/11, and it was because they really have a good intelligence service. I read they made their files available to us immediately after 9/11. But we, on the other hand, had difficulties with internal communications in our intel svcs., where that one woman tried to report something, but her supervisor didn't pass it on, or something. Was that the Valerie Plame incident, I don't remember now.

    Plus, we've been so complacent over here, on our side of the pond. Feeling kind of protected--we've never been invaded. And when Clinton raised the issue of terrorism, saying we need to prepare, get our act together, get our intel together, no one knew what he was talking about. Meanwhile, France has been dealing with it for decades.

  • <
    The thing is, the US isn't good enough at the behind-the-scenes intelligence

    I feel this is due to our increasingly growing government. Too many Chief's not enough Indians so to speak.
  • Too many trigger-happy Chiefs. Who elected that cowboy President? Oh...that's right...nobody did. He stole the Presidency twice. :p
  • Too many trigger-happy Chiefs. Who elected that cowboy President? Oh...that's right...nobody did. He stole the Presidency twice. :p
    ROFL. Nice. :)Corruption at its finest. He who has the oil has it all. :)

  • @dakini your correct in that we missed events leading up to 9/11, but things are always clearer looking back... No question though that mistakes were made, and Im hopeful that we learned something from them.

    The hardest part about working in the Intel business is that you can't publicly tell the stories of success, but you have to take the full heat for any failures.
  • DakiniDakini Veteran
    edited January 2012
    Yeah, you can't say much at all in public, or even in private, from what I understand, and you have travel restrictions. But you get paid to learn new languages, that must be pretty cool.
  • Too many trigger-happy Chiefs. Who elected that cowboy President? Oh...that's right...nobody did. He stole the Presidency twice. :p
    Ah if your candidate didn't win, he must have cheated :) the righties are the same way though.
  • DakiniDakini Veteran
    edited January 2012
    Congress investigated everything, it was true there was cheating. Now just because the Dems are whining now (they really need to come up with better candidates), doesn't mean they haven't had their turn in the past.

    Oh well, it's all a big mess. In the end, it may not make any difference. It's all a big corporatocracy anyway, all they do is play a shell game with different polit. parties in the White House. Hey, listen to me, I'm beginning to sound dejected, like Mountains. But look at us as a nation--we're squabbling over stupid stuff like religion, when we should be revamping health care and creating jobs. It's pathetic. I'm not sure I have the energy to be outraged right now.
  • Congress investigated everything, it was true there was cheating. Now just because the Dems are whining now (they really need to come up with better candidates), doesn't mean they haven't had their turn in the past.

    Oh well, it's all a big mess. In the end, it may not make any difference. It's all a big corporatocracy anyway, all they do is play a shell game with different polit. parties in the White House. Hey, listen to me, I'm beginning to sound dejected, like Mountains. But look at us as a nation--we're squabbling over stupid stuff like religion, when we should be revamping health care and creating jobs. It's pathetic. I'm not sure I have the energy to be outraged right now.
    And times like this when i find myself agreeing with you @dakini i get paranoid that some kind of mind trick is in play :)
  • LOL ! :lol::D
  • DaltheJigsawDaltheJigsaw Mountain View Veteran
    I saw this on a news website and thought.... Thanks for posting this!
  • seeker242seeker242 Zen Florida, USA Veteran
    edited January 2012
    What about the Bill of Rights? Since when does that mean anything in America? Certainly not since 9/11/01, that's for sure. Hell, I would say the same about the rule of law in general. The country where I grew up and the military in which I served didn't torture people. The bad guys did stuff like that, and we were better than them for not doing it. No longer. Anybody who thinks the Constitution means anything to those in power anymore is delusional.
    True, and the only people who it actually means something to are considered the "crazy people". That is quite interesting! People want the government to follow the constitution but refuse to elect politicians that actually want to follow it. That is quite interesting! In other words, people say they want the constitution followed, but they actually don't.

  • MountainsMountains Veteran
    edited January 2012
    Telly - your argument is so ridiculous as to be laughable. George Bush and Dick Cheney said the same thing about invading Iraq. They did it for "me". Really? I don't remember asking them to invade and occupy a country on my behalf - that posed no threat to me in any way, shape, form, or fashion.

    Please don't presume to act on my behalf and then act holier than thou about doing it. Especially when the actions are at best shady, and in reality, often illegal and unconstitutional. I don't need your help, thanks.

    And if being skeptical and questioning things that are done allegedly on my behalf, regardless of how illegal or unconstitutional they are makes me "anti-American" (define please...), then consider me anti-American. As far as I'm aware (and please correct me if I'm wrong), this country was founded and prospered *because* people bucked the system and questioned 'why?'. I'm not a sheep. I don't believe everything that's forced down my throat like many people in this country. If I'm so far left I can't see the center that's because I've lived through a whole lot of things in this country that made me so. If it weren't for people who question the status quo, we'd be in a lot more of a mess than we're in - which is a truly frightening thought.

    @seeker242 - I didn't vote for Bush and Cheney, and in fact, there is a very good argument that they were never legally elected in the first place. Nobody ever went broke underestimating the stupidity of the American electorate. We (the big "we") have a long track record of electing people whose views and policies are diametrically opposed to our best interests simply because we're gullible enough to be sucked in by jingoistic sound bites and unashamed pandering to our baser instincts of greed and fear, and more recently, so-called "religion".
  • Fair enough Mountains... Doing it for everyone but you ;)
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