dirtboy:”I guess this video would carry more weight if the proposed legislation did not specifically exclude American citizens.”
It is only because of the uproar they temporarily removed Section 1031. Section 1031 did not have the US citizen exclusion. I would not be surprised to see 1031 back in the final bill when it is consolidated with the house bill. I tried to follow the dozens of amendments but could not...
For those interested go to http://thomas.loc.gov and search for Senate Bill number S.1867
The Section 1031 that caused the mess is found in the PDF version of the bill at http://www.gpo.gov/fdsys/pkg/BILLS-112s1867pcs/pdf/BILLS-112s1867pcs.pdf
The problem with 1031 was it did not include the exclusionary wording of 1032 and 1032 addresses a different scenario that 1031.
Section 1031 addresses:
“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.”
The problem is ‘associated forces’ is undefined.
The Section 1032 addresses persons: “who is captured in the course of hostilities authorized by
the Authorization for Use of Military Force” and goes on to specifically exclude “The requirement to detain a person in military custody under this section does not extend to citizens of the United States”
Key word in 1032 is “this section” and does not apply to the “Detention under the law of war without trial until the end of the hostilities” in 1031.
If you really want an eye-opener read the pages from the debate on this bill where Graham, McCain and Levin are speaking...it is very eye opening. Pages 39-49 from the PDF below.
http://www.lawfareblog.com/wp-content/uploads/2011/11/Detainee-Debate-SASC-floor-Nov-17-and-Nov-18-20111.pdf
Clear violation of the constitution. The USA, liberty and life as we truly know it is being quickly eroded through the reaction to terrorism.
“The requirement to detain a person in military custody under this section does not extend to citizens of the United States”
Just looking at the wording here “The requirement to detain” does not mean they can’t do it. Seems the wording here is something to be concerned about.