Dissenters To Be Detained As "Enemy Belligerents"?

“sets out a comprehensive policy for the detention, interrogation and trial of suspected enemy belligerents who are believed to have engaged in hostilities against the United States by requiring these individuals to be held in military custody, interrogated for their intelligence value and not provided with a Miranda warning,”

(1) poses a threat of an attack on civilians or civilian facilities within the U.S. or U.S. facilities abroad; (2) poses a threat to U.S. military personnel or U.S. military facilities; (3) potential intelligence value; (4) is a member of al Qaeda or a terrorist group affiliated with al Qaeda or (5) such other matters as the President considers appropriate.

(3) INAPPLICABILITY OF CERTAIN STATEMENT
6 AND RIGHTS.—A individual who is suspected of
7 being an unprivileged enemy belligerent shall not,
8 during interrogation under this subsection, be pro
vided the statement required by Miranda v. Arizona
10 (384 U.S. 436 (1966)) or otherwise be informed of
11 any rights that the individual may or may not have
12 to counsel or to remain silent consistent with Mi13
randa v. Arizona.

DETERMINATIONS OF STATUS.—
15 (1) PRELIMINARY DETERMINATION BY HIGH16
VALUE DETAINEE INTERROGATION GROUP.—The
17 high-value detainee interrogation group responsible
18 for interrogating a high-value detainee under sub19
section (b) shall make a preliminary determination
20 whether or not the detainee is an unprivileged enemy
21 belligerent. The interrogation group shall make such
22 determination based on the result of its interroga23
tion of the individual and on all intelligence informa24
tion available to the interrogation group.
....

(2) FINAL DETERMINATION.—As soon as pos7
sible after receipt of a preliminary determination of
8 status with respect to a high-value detainee under
9 paragraph (1), the Secretary of Defense and the At10
torney General shall jointly submit to the President
11 and to the appropriate committees of Congress a
12 final determination whether or not the detainee is an
13 unprivileged enemy belligerent for purposes of this
14 Act. In the event of a disagreement between the Sec15
retary of Defense and the Attorney General, the
16 President shall make the final determination.

(2) CRITERIA FOR DESIGNATION OF INDIVID11
UALS AS HIGH-VALUE DETAINEES.—The regulations
12 required by this subsection shall include criteria for
13 designating an individual as a high-value detainee
14 based on the following:
15 (A) The potential threat the individual
16 poses for an attack on civilians or civilian facili17
ties within the United States or upon United
18 States citizens or United States civilian facili19
ties abroad at the time of capture or when com20
ing under the custody or control of the United
21 States.
22 (B) The potential threat the individual
23 poses to United States military personnel or
24 United States military facilities at the time of
March 4, 2010 (12:06 p.m.)
8
ARM10090 S.L.C.
1 capture or when coming under the custody or
2 control of the United States.
3 (C) The potential intelligence value of the
4 individual.
5 (D) Membership in al Qaeda or in a ter6
rorist group affiliated with al Qaeda.
7 (E) Such other matters as the President
8 considers appropriate.