Skip to comments.The Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010
Posted on 03/17/2010 11:33:14 AM PDT by Whenifhow
Why is the national security community treating the Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010, introduced by Sens. John McCain and Joseph Lieberman on Thursday as a standard proposal, as a simple response to the administrations choices in the aftermath of the Christmas Day bombing attempt? A close reading of the bill suggests it would allow the U.S. military to detain U.S. citizens without trial indefinitely in the U.S. based on suspected activity. Read the bill here, and then read the summarized points after the jump.
According to the summary, the bill 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.
(There is no distinction between U.S. personsvisa holders or citizensand non-U.S. persons.)
It would require these belligerents to be coded as high-value detainee[s] to be held in military custody and interrogated for their intelligence value by a High-Value Detainee Interrogation Team established by the president. (The H.I.G., of course, was established to bring a sophisticated interrogation capacity to the federal justice system.)
Any suspected unprivileged enemy belligerents considered a high-value detainee shall not be provided with a Miranda warning.
The bill asks the President to determine criteria for designating an individual as a high-value detainee if he/she: (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. The President must submit the regulations and guidance to the appropriate committees of Congress no later than 60 days after enactment.
To the extent possible, the High-Value Detainee Interrogation Team must make a preliminary determination whether the detainee is an unprivileged enemy belligerent within 48 hours of taking detainee into custody.
The High-Value Detainee Interrogation Team must submit its determination to the Secretary of Defense and the Attorney General after consultation with the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Director of the Central Intelligence Agency. The Secretary of Defense and the Attorney General make a final determination and report the determination to the President and the appropriate committees of Congress. In the case of any disagreement between the Secretary of Defense and the Attorney General, the President will make the determination.
Note that the president himself doesnt get to make the call.
Note First comment on this article says: This is a major test, IMO. If this insanity passed, the US will have unequivocally passed from some semblance of democracy to a police state.
Bill online - Open Congress:
Bill as a pdf file:
"I think the Democratic Party is a fine party, and I have
no problems with it, in their views and their philosophy."
U.S. SEN. JOHN MCCAIN, 02 APR. 2004
"I have to tell you, [Obama] is a decent person, a person that you
do not have to be scared [of] as president of the United States."
U.S. SEN. JOHN MCCAIN, 10 OCT. 2008
[McCain] would be "...comfortable with a homosexual
as president of the United States."
U.S. SEN. JOHN MCCAIN, 21 DEC. 1999
"I would rather have a clean government
than one whose quote First Amendment rights
are being respected that has become corrupt.
If I had my choice, Id rather have a clean government."
U.S. SEN. JOHN MCCAIN, 24 APR. 2006
"I think that gay marriage should be allowed,
if theres a ceremony kind of thing,
if you want to call it that."
U.S. SEN. JOHN MCCAIN, FEB. 2007
"But certainly in the short term, or even the long term,
I would not support repeal of Roe vs. Wade,
which would then force women in America
to [undergo] illegal and dangerous operations.
U.S. SEN. JOHN MCCAIN, 24 AUG. 1999
On senior citizens: a group "that makes demands without contributing."
U.S. SEN. JOHN MCCAIN, 20 JUN. 1986
"I'm not a socialist."
U.S. SEN. JOHN MCCAIN, 18 FEB. 2010
"I believe climate change is real."
U.S. SEN. JOHN MCCAIN, 23 FEB. 2010
"I have great respect for Al Gore."
U.S. SEN. JOHN MCCAIN, 02 OCT. 2008
"In the long term, if you alienate the Hispanics,
youll pay a heavy price. By the way,
I think the fence is least effective.
But Ill build the G****mned fence if they want it!"
U.S. SEN. JOHN MCCAIN, FEB. 2007
"We need to sit down as Americans
and recognize these are Gods children as well.
And they need some protection under the law;
they need some of our love and compassion
I want to assure you that Ill enforce the borders first.
Well solve this immigration problem."
U.S. SEN. JOHN MCCAIN, 28 NOV. 2007
"There are jobs that Americans will not do,
so we have to make it possible for someone to come
to this country to do a job that an American wont do
and then go back to the country from where they came."
U.S. SEN. JOHN MCCAIN, 16 OCT. 2004
Coming to a Tea Party near you.
When one has nothing new to say...spam
Well, the problem is that we need very similar laws to a) legitimately protect our country against its enemies; and b) establish a tyranny over our citizens.
Not all enemy terrorists are illegal aliens. Some, regretably, have been granted citizenship. I’m thinking particularly of Muslim terrorists, but also Mexican gang members working for bosses in other countries.
Much depends on who is running the government.
The value and legitimacy of such a law depend entirely upon HONEST men to make it work. The potential for the utter destruction of one’s Constitutional rights is HUGH, especially given the current crop of THUGS in charge today. All NRA members could be classified as “risks.” All concealed carry license holders. The left could and WOULD use something like this to destroy people, to intimidate...you name it.
“QUIETLY INTRODUCED”—! Red flag. McCain & Lieberman, red flag.
People need to know the truth about McCain. Thank you for your hard work and FRegards ....
“According to the summary, the bill 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.
(There is no distinction between U.S. personsvisa holders or citizensand non-U.S. persons.) “
Isn’t McCAin the same guy who demanded Gitmo be shut down because it was unfair to hold them ‘indefinately? That is exactly what he suggests now. Here is his statement on this new legislation.
I ran across a news item saying that Harry Mitchell of AZ will vote YES on obamacare. This is the guy who won J. D. Hayworths seat, largely because the open border quislings of the GOP wouldnt get behind Hayworth....you know, like the 2 or 3 of them who constantly jump in with their propaganda here..... I hope theyre happy now!
“When one has nothing new to say...spam”
Like you just did?? All you offer is criticism. Post your own articles if you don’t like what others post.
I saved for later. Thank you, FRiend.
Good info and analysis of it here also.
Scott Brown is one of the sponsors.
The bill in question is S.3081 Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010 which thus far has been referred to the Senate Judiciary Committee. The bill outlines the process by which Americans may be held indefinitely, without notice of their Miranda Rights, and without ever being charged with a crime. Worse, detainment of an individual according to the legislation is authorized by mere suspicion that the individual did or seeks to harm any asset of the United States government or any civilian target.
“This is a scary situation. The President can call upon interrogators who have never taken or sworn an oath to uphold the Constitution to interrogate American citizens.”
quote from my previous link
Vaya con Shamnesty, Juan!
If this bill had been introduced in April 2007, (I had been lurking on FR for a couple of months at the time) a sizable majority of Freepers would have supported it, and the critics would have been told to “go back to DU”.
From the article: by requiring these individuals to be held in military custody, interrogated for their intelligence value and not provided with a Miranda warning.
I'm pretty sure that the military does take an oath to the Consitution, as I have taken it several times.
Vote McShame out of office along with his cohort, Joe Lieberman. I am still contributing periodically to J.D. Hayworth’s campaign, and I hope all FReepers are doing the same.
John McCain must be shown the door. He does far more harm than good.
Get rid of his nancyboys Joe Lieberman and Lindsey Graham too.
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