Yeah, you’ll find language purposely obscure with no clear cut answers in black and white as the NDAA bill will rely on ‘courts’ interpretation but if NDAA doesn’t allow anyone before a court for a decision on its legality then it is like catch-22. IOW, you will sit and rot in jail before a court even knows who you are or where your are.
“Discreetly hidden in the 682 pages of this Act (NDAA), you will discover under the title ‘Detainee Matters’ in §1031 and §1032, Congress has effectively given the Department of Defense the express power to take civilians into military custody and to indefinitely detain people they suspect of terrorism activities with absolutely no charges or trial whatsoever.” Taken from a previous post...
http://www.freerepublic.com/focus/f-bloggers/2821046/posts
Also this bill’s language intertwines with other law like the Patriot Act starting back in the Bush rein. Like I said, purposely vague when it comes to citizen’s rights as the move continues to allow the US military to attack US citizens in the name of protecting US citizens.
Thanks for the comments and the link, but I still plan to belabor you with the post I developed, mainly because I was so excited to be able to work through the site. Maybe I’ll have to review my prejudices. I think I did find the applicable bill and section, and it really didn’t take that long. Anyway here is the site, the bill sent to the President, and the section I think relates.
The Library of Congress Thomas
http://thomas.loc.gov/home/thomas.php
H.R. 1540 (PDF)
http://www.gpo.gov/fdsys/pkg/BILLS-112hr1540enr/pdf/BILLS-112hr1540enr.pdf
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.
(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.