OVERLOOKED LANGUAGE IN NDAA (H.R. 1540 & S. 1867)
By: Devvy
December 26, 2011
NewsWithViews.com


The Internet has been literally burning up over the National Defense Authorization Act. Another monstrous bill with language that has produced headlines like: "Obama is going to ship Americans to Gitmo!!!" And, "Americans will be detained indefinitely in secret without due process!!!!" There is this dire prediction:

Storing 7 Days of Food Could Send You to Gitmo Indefinitely

"The real danger lies in the government's definition of what a suspected terrorist is.

"According to Sen Rand Paul (R-KY): “We're talking about American citizens who can be taken from the United States and sent to a camp at Guantanamo Bay and held indefinitely. There are laws on the books right now that characterize who might be a terrorist: someone missing fingers on their hands is a suspect, according to the Department of Justice. Someone who has guns, someone who has ammunition that is weatherproofed, someone who has more than seven days of food in their house can be considered a potential terrorist. If you are suspected because of these activities, do you want the government to have the ability to send you to Guantanamo Bay for indefinite detention?”

"Paul says this is why he and twelve other senators voted against the bill, because they saw the dangerous implications of this provision which was designed to give the military certain powers during the current conflict with al-Qaeda and other terrorist organizations."

Not that the gangster administration under the usurper (Obama/Soetoro/Dunham) wouldn't like to try something like that, but please remember Obama/Soetoro does not occupy the White House as he was never eligible to run for president; no one had the "right" to vote for him. Anyone charged under any bill he has signed into law has the full right to go after Obama. As a usurper, Barry has never had a shred of authority to sign any legislation into law.[1]

As for the Department of Justice, the Outlaws in the Congress have the clear authority to impeach Holder today and immediately pass legislation to stop any attempt to round up Americans. With enough votes they can override a veto by the fraud in the White House. They also have the power to pass legislation immediately which nullifies any definitions of a "suspected terrorist" put forth by the corrupt DOJ. Does anyone get constitutional militia yet?
Moving on. The two objectionable sections are: 1031 and 1032 in the Senate bill. Like so many others, I read those sections. There is a great deal of references to the Law of War. These united States of America are not at war with anyone. The last legal war was declared constitutionally by the U.S. Congress on Dec. 11, 1941. Since then, other names have been used to justify ignoring the U.S. Constituion: the Korean Conflict, Viet Nam Era. The illegal, grotesque invasions of Afghanistan, Iraq, Libya and other "hot spots" are referred to as "overseas contingency operations". Tragically, the American people have sat on their backsides cheering on the slaughter and carnage.
Here is one article about the Senate bill:

Senate Passes Controversial Defense Bill

"According to Firedoglake.com, sections 1031 and 1032 of the NDAA will:
1) Explicitly authorize the federal government to indefinitely imprison without charge or trial American citizens and others picked up inside and outside the United States;
(2) Mandate military detention of some civilians who would otherwise be outside of military control, including civilians picked up within the United States itself; and
(3) Transfer to the Department of Defense core prosecutorial, investigative, law enforcement, penal, and custodial authority and responsibility now held by the Department of Justice.
"AddictingInfo.org adds:
A provision of S. 1867, or the National Defense Authorization Act bill, written by Senators John McCain and Carl Levin, declares American soil a battlefield and allows the President and all future Chief Executives to order the military to arrest and detain American citizens, innocent or not, without charge or trial. In other words, if this bill passes and the President signs it, OWS protesters or any American could end up arrested and indefinitely locked up by the military without the guaranteed right to due process or a speedy trial."

Okay. Let's go look at the explicit language authorizing the federal government to "indefinitely imprison without charge or trial American citizens and others picked up inside and outside the United States;"

This is the language of the final Enrolled House bill - page 273:
SEC. 1031. COUNTERTERRORISM OPERATIONAL BRIEFING REQUIREMENT.
(a) BRIEFINGS REQUIRED.—Beginning not later than March 1, 2012, the Secretary of Defense shall provide to the congressional defense committees quarterly briefings outlining Department of Defense counterterrorism operations and related activities involving
special operations forces.
(b) ELEMENTS.—Each briefing under subsection (a) shall include each of the following:
(1) A global update on activity within each geographic combatant command.
(2) An overview of authorities and legal issues including limitations.
Onto page 274:
(3) An outline of interagency activities and initiatives.
(4) Any other matters the Secretary considers appropriate.
Do you read anywhere in that section that authorizes the federal government to indefinitely imprison anyone, etc? I don't.
How about Section 1031 in the final Enrolled Senate bill? Go to page 426:
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.
The applicable language begins on page 428:
(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.


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