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To: Star Traveler

I’m not talking about impeachment. I’m talking about detaining an enemy combatant before he can destroy the nation.

Does the NDAA allow the military to do that?


54 posted on 06/27/2014 7:16:14 PM PDT by butterdezillion (Note to self : put this between arrow keys: img src=""/)
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To: butterdezillion

The military is all about knowing the “end-game” and they know this end-game as well ...

You said, “Congress can decide what to do from there - whether to impeach him or not ...”

And I said ...

We’ve already seen how the Senate acts with the Democrats being in control - for example with Clinton, where they would NOT CONVICT.

The Senate would never act to convict. It would be Reid running a straight party line ... :-) ...

In addition to that, in the entire history of the USA, the Senate has NEVER ONE TIME removed a president from office. It has simply NEVER WORKED ONE SINGLE TIME, despite being tried many times.

So ... “that” (what you say) ... is going absolutely nowhere and everyone knows it, including the military.

— — — — —

The military can read the tea leaves and they know politics very well, too ... :-) ...


56 posted on 06/27/2014 7:22:00 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: butterdezillion

This might help you.

http://fas.org/sgp/crs/natsec/R42143.pdf

“Section 1021 does not expressly clarify whether U.S. citizens or lawful resident aliens may be determined to be “covered persons.” The potential application of an earlier version of Section 1021 found in S. 1867 (in that bill numbered Section 1031) to U.S. citizens and other persons within the United States was the subject of significant floor debate. An amendment that would have expressly barred U.S. citizens from long-term military detention on account of enemy belligerent status was considered and rejected. Ultimately, an amendment was adopted that added the following proviso: “Nothing in this section shall be construed to affect existing law or authority 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.”

“This language, which remains in the final version of the act, along with a separate clause which provides that nothing in Section 1021 “is intended to limit or expand the authority of the President or the scope of the Authorization for the Use of Military Force,” makes clear that the provision is not intended to either expand or limit the executive’s existing authority to detain U.S. citizens and resident aliens, as well as other persons captured in the United States. Such detentions have been rare and subject to substantial controversy, without achieving definitive resolution in the courts. While the Supreme Court in Hamdi recognized that persons captured while fighting U.S. forces in Afghanistan could be militarily detained in the conflict with Al Qaeda potentially for the duration of hostilities, regardless of their citizenship, the circumstances in which persons captured in the United States may be subject to preventive military detention have not been definitively adjudicated. Section 1021 does not attempt to clarify the circumstances in which a U.S. citizen, lawful resident alien, or other person captured within the United States may be held as an enemy belligerent in the conflict with Al Qaeda. Consequently, if the executive branch decides to hold such a person under the detention authority affirmed in Section 1021, it is left to the courts to decide whether Congress meant to authorize such detention when it enacted the AUMF in 2001.”


142 posted on 06/28/2014 7:13:45 AM PDT by 4Zoltan
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To: butterdezillion

Here is Section 1021 for the 2012 NDAA.

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.

(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; 50 U.S.C. 1541 note) 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).

https://www.govtrack.us/congress/bills/112/hr1540/text

It appears to my non-lawyer reading that the President and the Evecutive Branch determines if some one can be detained under NDAA. In the case of a U.S. Citizen in the U.S., I interpreted it as the President determines if someone arrested by civil authorities on terrorism charges can be transferred to military authorities to be detained indefinitely. I don’t read it as the military gets to act unilateral for citizens in the U.S.

YMMV


143 posted on 06/28/2014 7:43:01 AM PDT by 4Zoltan
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