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S.1867 Sec 1031/sec 1032 Get down to the Brass

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posted on Dec, 16 2011 @ 12:09 PM
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reply to post by GodofWar411
 

Thanks for your comments. I think that most of the disagreements on this Bill is the fact that people do not have or do not make the time to really dig into the legal definitions of it and/or the laws attached to it.
Hopefully they will take the time to understand the legal implications of it - it is a very serious part of this Bill.




posted on Dec, 16 2011 @ 12:17 PM
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reply to post by Sostratus
 
start with MIl law then Law of war, then the legal actions taken on detains USSC United States Supreme Court and as reference ACLU will help in finding cases.



posted on Dec, 16 2011 @ 12:34 PM
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reply to post by Sostratus
 
your welcome and the other part explains that , you work on contracts so did I use to write them so yes I know some law and how it can be misused to ones gain, another ones forfeit , the Gov is not looking out for you it is looking out for it self in this matter, so who would be the victor ? The GOV. any and all loops holes will be used in the GOV favor , an innocent go by to "GIT MO" , do not think so, the GOV would pull out all the stops to prove, say, the person was, is, or could be guilty of a hostile or belligerent act, GIT MO is used as a detainment facility could be in ft hood TX, west desert of Utah, or at Git MO bay Cuba The law is meant for one who has the interest to know , or for one to say oh for get it, most will say "oh for get it"


edit on 16-12-2011 by bekod because: editting



posted on Dec, 16 2011 @ 12:55 PM
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reply to post by bekod
 
well the new Number for the 1031 1032 is 1021

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.
Sec. 1022. Military custody for foreign al-
Qaeda terrorists.
Sec. 1023. Procedures for periodic detention
review of individuals detained
at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1024. Procedures for status determinations.
Sec. 1025. Requirement for national security
protocols governing detainee
communications.
Sec. 1026. Prohibition on use of funds to construct
or modify facilities in
the United States to house detainees
transferred from United
States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1027. Prohibition on the use of funds for
the transfer or release of individuals
detained at United
States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1028. Requirements for certifications
relating to the transfer of detainees
at United States Naval
Station, Guantanamo Bay,
Cuba, to foreign countries and
other foreign entities.
Sec. 1029. Requirement for consultation regarding
prosecution of terrorists
you see , one does have to stay on top of things so when you research this act, bills sub sec, you need to know where it is and the number of the sec in question this si how it was read on the house floor as seen here conferencereport.gpo.gov...
click on the gold PDF to view it just wanted to see how it was read well now you know

edit on 16-12-2011 by bekod because: editting



posted on Dec, 16 2011 @ 01:02 PM
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did a search the hunt lead me back to Subtitle D--Detainee Matters
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 111-84)).

(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. 1032. REQUIREMENT FOR MILITARY CUSTODY.

(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 1031 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 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.

(4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary 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.

(c) 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.

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

(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) 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.
this is form the S1867 ES bill . from this link www.altadenagroup.com...


edit on 16-12-2011 by bekod because: editting

edit on 16-12-2011 by bekod because: (no reason given)



posted on Dec, 16 2011 @ 01:16 PM
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For the edification of those who think it isn't aimed at US citizens:


Some things are unforgivable in a democracy. A bill moving through Congress, authorizing the military to imprison American citizens indefinitely, without a trial or hearing, ranks right at the top of that list.

I know - I lived through it on the Patriot Act. When Congress decided to squelch the truth about the CIA's advance warnings about 9/11 and the existence of a comprehensive peace option with Iraq, as the CIA's chief Asset covering Iraq, I became an overnight threat. To protect their cover-up scheme, I got locked in federal prison inside Carswell Air Force Base, while the Justice Department battled to detain me "indefinitely" up to 10 years, without a hearing or guilty plea. Worst yet, they demanded the right to forcibly drug me with Haldol, Ativan and Prozac, in a violent effort to chemically lobotomize the truth about 9/11 and Iraqi Pre-War Intelligence.

Critically, because my legal case was controlled by civilian Courts, my Defense had a forum to fight back. The Judge was an independent arbiter. And that made all the difference. If this law on military detentions had been active, my situation would have been hopeless. The Patriot Act was bad enough. Mercifully, Chief Justice Michael B. Mukasey is a preeminent legal scholar who recognized the greater impact of my case. Even so, he faced a terrible choice - declaring me "incompetent to stand trial," so my case could be killed - or creating dangerous legal precedents tied to secret charges, secret evidence, secret grand jury testimony and indefinite detention - from the Patriot Act's arsenal of weapons against truth tellers - that would impact all defendants in the U.S. Courts.

It was a hideous choice - The judicial farce was more ugly because it stamped me a "religious maniac" for believing in God - a ludicrous argument. It lined up beautifully, however, with Congress' desire to bastardize the "incompetence" of Assets engaged in Pre-War Intelligence. Anything to escape responsibility for their own poor decision making.

To this day, it scorches my heart with rage and betrayal. It was unforgivable on so many levels.

And it had nothing to do with fighting terrorism. This was about fighting truth - and protecting powerful leaders in Washington determined to glorify themselves with phony patriotism and media fireworks in the War on Terrorism - a fantasy if there was one.


www.sott.net... erous-Woman-Indefinite-Detention-at-Carswell

Basically, this has happened, is happening, and now it adds another legal layer to obfuscate and void citizens' rights "in time of war" beautifully since the undeclared "War on Terror" will never, ever, end: it is far too useful to those in power.

Personally, I believe the "War on Terror" was contrived expressly to be aimed at its ultimate target: the US citizen who demands his or her Constitutional rights to be respected.



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