Wearing My “Tinfoil Hat” Today …

There is sufficient ambiguity in the text of Senate Bill 1867 (relevant section pasted below) to raise the hairs on the back of my neck and cause me to double-check the condition of my pistol.

If I read these sections with my tin-foil hat properly adjusted, the language implies that even U.S. citizens could be swept up by the military and the military could be used far from any battlefield, even within the United States.

Section 1031, through loose interpretation, would allow the military to capture and indefinitely detain American citizens on U.S. soil.  Such action would essentially repeal the Posse Comitatus Act of 1878 by authorizing the U.S. military to perform law enforcement functions on American soil.

Is this an accurate interpretation?  Is domestic police action by our military a clear intent or merely an ‘unintended consequence’ of the draft legislation?

You must read and decide for yourselves.

BTW, the sponsor is listed as Carl Levin (D). Bill Text

112th Congress (2011-2012)
S.1867.PCS

 National Defense Authorization Act for Fiscal Year 2012 (Placed on Calendar Senate – PCS)

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.

    (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) 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) 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).

SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.

    (a) Custody Pending Disposition Under Law of War-
      (1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.
      (2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 who is determined–
        (A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and
        (B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.
      (3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.
      (4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.
    (b) Applicability to United States Citizens and Lawful Resident Aliens-
      (1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
      (2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.
    (c) Implementation Procedures-
      (1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the President shall issue, and submit to Congress, procedures for implementing this section.
      (2) ELEMENTS- The procedures for implementing this section shall include, but not be limited to, procedures as follows:
        (A) Procedures designating the persons authorized to make determinations under subsection (a)(2) and the process by which such determinations are to be made.
        (B) Procedures providing that the requirement for military custody under subsection (a)(1) does not require the interruption of ongoing surveillance or intelligence gathering with regard to persons not already in the custody or control of the United States.
        (C) Procedures providing that a determination under subsection (a)(2) is not required to be implemented until after the conclusion of an interrogation session which is ongoing at the time the determination is made and does not require the interruption of any such ongoing session.
        (D) Procedures providing that the requirement for military custody under subsection (a)(1) does not apply when intelligence, law enforcement, or other government officials of the United States are granted access to an individual who remains in the custody of a third country.
        (E) Procedures providing that a certification of national security interests under subsection (a)(4) may be granted for the purpose of transferring a covered person from a third country if such a transfer is in the interest of the United States and could not otherwise be accomplished.
      (d) Effective Date- This section shall take effect on the date that is 60 days after the date of the enactment of this Act, and shall apply with respect to persons described in subsection (a)(2) who are taken into the custody or brought under the control of the United States on or after that effective date.
      
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tmedlin
9 years ago

I read it, and the fact that Levin proposed this doesn’t surprise me, not one damn bit. But I just don’t believe it will EVER pass the House.
The fact the he makes such a proposal, and as I recall that dementia-plagued John McCain co-sponsored it, makes me wish that what’s-his-name had beaten him in the primary.

Donna
9 years ago

“(b) Applicability to United States Citizens and Lawful Resident Aliens-
(1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.”

heavy chemtrails today and no foil hat over here, but it says right there that we are all going to be ok. It’s going to make us safer sheeple….right.

Hans
Hans
9 years ago
Reply to  Donna

Yeah, I read that passage and the language made me itch in places that were not comforting …

With added emphasis: “The requirement to detain…”

So does that leave the Feds with ‘an option to detain’ or some other lesser grant of authority? I can’t tell and it makes me very uncomfortable.

Prior protections of individual Rights were stated in clear and unambiguous terms, e.g. “… shall not be infringed.” Nevertheless our minions in Washington trample daily and with impugnity upon our unalienable Rights.

The mantra of progressivism has always been ‘give us (more) power and we will make you (more) safe’ … not quite the founders’ message of individualism and self sufficiency.

The congressional message is always ‘more government’ … never more Liberty.

… itch … itch … itch …

Robin
Robin
9 years ago

(1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.”

I’m reading this as it’s not required to detain a US citizen in a military prison, but it leaves open the idea that the citizen can be detained in a civilian prison, or rumored FEMA camp.

John
John
9 years ago

“THE 2012 REAL STORY OF THE BIRD BRIEF CALLED (PELICAN) “
By John W. Moseley

Wow, time flies when National Politics has evolved into a “Games of Thrones” movie production and series about gangsters, high price thugs, elected politicians committing fraud, and covering up the ruthlessness and their hidden desires to rule the world! When movies openly display possible routes for which criminals can decide how to complete diabolically perceived plans to overthrow their government using writers, producers and scripts designed for movie audiences! Well it has happened once again for the American people are pushing very hard within the court systems hoping to overturn the National Mandatory Healthcare Bill! A terrible law approved by the legislative body and signed by President Barack Hussein Obama! A decision most Americans rejected as illegal and unconstitutional and trying desperately to find an honorable candidate to replace this individual in the Whitehouse! In the minds of most Americans this legislation must be overturned now not later! For the final answer of legality will now have to come from the Supreme Court, who in the past have been split as a court body by a 5 to 4 vote generally leaning to the conservative side of issues! A yea or nay answer about the bills Constitutionality is an extremely important legal decision for all Americans! The Obama administration has now conceded the next move is too allow that Healthcare bill in question in front of the nine justices of the Supreme Court without delay for if not now when! It’s a question Obama felt has to be made before the November 2012 Presidential elections for if he hesitates to long on when to allow it to be tabled in the Supreme Court it could cost him the election either way! This bill as been cited as one of his most important accomplishments in his first term and if it fails to pass the decision of the Supreme Court he has nothing else of importance to cling too for re-election! If this bill fails to pass the Supreme Courts final decision and is ruled unconstitutional most journalist, believe he will suffer the defeat he hopes to win in 2012 for sure! So letting the ultimate decision linger any longer is a risk either way! That is why I believe the enormous cost of this decision could carry a stiff penalty for the President and either of the political parties, as well as all Americans! Therefore extreme measures may be used by anyone who looses their benefit of its passing! There is billions of dollars and power at stake for all party’s involved and normal procedures will be thrown out for this is too serious to be left in the hands of fate! Circumstances may cause actions too be used detrimental to our nation and it’s future and certainly violate the laws of this land! Thus the real life experience of the pelican brief becomes a true and possible solution! The Supreme Court Justices lives may certainly be in danger from now until that decision is rendered! That is where this story begins!
The final arbitrators of our nations existence and laws have been placed in the hands of generally elderly, old, lazy, individuals who in most situations have lost their mental comprehension to deliver positive decisions on the Constitutionality of our laws, their only purpose in our republic! Today legal law precedence has destroyed our country because this same court refuses to stop the lower courts from taking steps and making decisions specifically addressed in the United States Constitution as pertaining to the Supreme Court only! Over one hundred years the Supreme Court has failed to do its duty and we as Americans have been left in the hands of anarchy, tyranny and the lawless!
Now once again we Americans face a very important time in our history left to men and women who can be swayed by politics, money and greed instead of their loyalty and conviction of purpose to their country! Decisions made by these same judges in the past have proved no results worthy of explanation! Exactly where the acting President would decide too interfere with fate by considering the possible solutions of disorder, discontent and discourse in the national public to be quite beneficial during this potentially dangerous decision by the Supreme Court of a law he fully supports! What might be the options available to this man most of the country as of yet even knows? Obama has never been vetted properly by anyone in this country unless they were in his inter circle of influence! Could it possible be that there is violence and terrorism in his thoughts against America for the way this country treated his father back in the sixties by forcing his father to leave the country during his college years, before he finished his education or legal status! After all it is the Secretary of Homeland Security, Janet Napolitano that raises the concern of a Home Grown Terrorism attack! I wonder how she identifies that as priority! Maybe because it already does exist in the very administration she represents! Most Americans have given this man, Obama, a pass on his qualifications, education, criminal history, and his life history in general! Knowing how he has escaped most of the screening of his past, for every time someone mentions his qualifications his followers quickly yell racism, because of the color of his skin even though he asserts he is 51%white to the white Americans and he is 51% black to the black Americans! I wonder how that effects all the Hispanics in our nation? Something Obama and his supporters know about racism is those who are accused never really ever regain their lives back! Most Americans are overwhelmingly afraid or quick to run away from or to answer too it!

Is it possible that most Americans have been indoctrinated by his personality and baffled by his bullshit without one concern for their countries safety or the safety of their families! Those same citizens willfully following the man most likely to be able to deceive them the most from the beginning! This impostor has the power of the Presidents office both with weapons and the loyalty of personnel to carry out mass destruction or the assassination of known targets! Obama demonstrated that power earlier this year on Bin Laden and others! He labeled citizens as terrorist then had those same men assassinated by forces he commands to cover up perhaps our involvement as a nation in their actions! So America don’t be caught off guard asleep at the switch for it seems the opportunity does exist to allow another story to be told of the Pelican Brief only this time it will not be non-fiction, rated R, and the price you will pay is not the price of a movie ticket! Many security breaches are common in this country and too many unknown foreigners are on our shores without proper identification! Therefore any lacks in judgment by the Supreme Court Justices security team could be a huge mistake during this time! If so we may see the horrifying story played out in the daily news of the country! Their physical health should also be watched for it would be very easy for excuses and oversight of their medical conditions to be cast as a terrorist act or a clinical error! A lapse in any security details places those justices and our country in jeopardy! Also would seal the possibility for new justices to be placed into office by the unknown one! This might very well seal the vote for the further destruction of this nation at the hands of a man too good to be true!
FROM A REPUBLIC TO A DICTATORSHIP IN LESS THAN FOUR YEARS

“THE OBAMA RULE OF LAW”
WHERE IN AMERICA HAVE WE AS CITIZENS ADVANCED THE NOTION OR ADVOCATED FOR THE ELIMINATION OF THE UNITED STATES CONSTITUTION AND THAT ONLY THE PRESIDENT HAS THE POWER TO WIPE OUT 235 YEARS OF HISTORY!

WE CERTAINLY IN OUR COUNTRY HAVE A RIGHT TO A DIVISION OF PHILOSPHY, DIFFERENCE OF OPINION! MANY, MANY WAYS OF THINKING BY ALL AMERICAN CITIZENS WITHIN THIS NATION ABOUT THE SAME SITUATION IN DIFFERENT WAYS! HOWEVER THE LAW IN THIS NATION WAS ADOPTED UNDER SPECIFIC CONTRANTS OF GOVERNMENT, THE STATES, AND ITS PEOPLE THAT ARE GUARNTEED WITHIN THE UNITED STATES CONSTITUTION!

ACCORDING TOO ARTICLE III SECTION 1: OF THE UNITED STATES CONSTITUTION “STATES THAT THE JUDICAL POWER OF THE UNITED STATES SHALL BE VESTED IN ONE SUPREME COURT, AND IN SUCH INFERIOR COURTS AS THE CONGRESS MAY FROM TIME TO TIME ORDAIN AND ESTABLISH! IN ARTICLE III SECTION 2: THE JUDICAL POWER SHALL EXTEND TO ALL CASES IN LAW AND EQUITY, ARISING UNDER THIS CONSTITUTION, THE LAWS OF THE UNITED STATES, AND TREATIES MADE, OR WHICH SHALL BE MADE UNDER THEIR AUTHORITY! WHERE MANY OTHER EXAMPLES ARE GIVEN FOR REFERENCE, CITED BACK TO THIS ARTICLE! ALSO IN ADDITION ARTICLE III SECTION 2 THE LAST PARAGRAH IT READS: THE TRIAL OF ALL CRIMES, EXCEPT IN CASES OF IMPEACHMENT; SHALL BE BY JURY; AND SUCH TRAIL SHALL BE HELD IN THE STATE WHERE SAID CRIMES SHALL HAVE BEEN COMMITTED; BUT WHEN NOT COMMITTED WITHIN ANY STATE, THE TRIAL SHALL BE AT SUCH PLACE OR PLACES AS THE CONGRESS MAY BY LAW HAVE DIRECTED! ARTICLE III SECTION 3, SPEAKS OF THE ONLY WAY AN AMERICAN CITIZEN SHALL BE TREATED UNDER THIS SECTION FOR TREASON TO OUR NATION! IT GIVES NO JUSTIFICATION FOR AMERICAN CITIZENS TO BE EXECUTED UNDER ANY OTHER PROCESS EITHER AS EXECUTIVE ORDER, RESOLUTION OR ANY OTHER PROCESS BY WHICH AN AMERICAN CITIZEN IS TRIED EXCEPT THOSE MEANS LISTED AS TREASON WHERE EVEN UNDER THIS SECTION OF THE CONSTITUTION TWO WITNESSES AGAINST THE SAME OVERT ACT MUST BE PRESENT! WHICH MEANS SEEING WITH YOUR OWN EYES WITHOUT DEPENDING ON OTHER TESTIMONY WHAT AS BEEN ACCUSED AND WITHOUT THAT SUBSTANCIATED EVIDENCE BEING PRESENTED THE CASE FOR TREASON DOES NOT ALSO APPLY! S0 I ASK AGAIN UNDER WHAT PROVISIONS OF LAW WILL A SITTING PRESIDENT OF THE UNITED STATES HAVE THE RIGHT TO PLACE A WANTED POSTER FOR DEAD OR ALIVE, OR MEMO FOR THE ASSASSINATION OF AN AMERICAN CITIZEN WHO BY THESE MEANS BE DENIED HIS RIGHT TO A TRIAL UNDER THE UNITED STATES CONSTITUTION! YET WE HAVE UNDER ORDERS OF OBAMA ASSASSINATED AT LEAST ONE AMERICAN CITIZEN THIS YEAR, HOW MANY OTHERS MAY BE KILLED IN THE FUTURE WITHOUT DUE PROCESS OF AMERICAN LAW, IN FACT THE HIGHEST LAW OF THE LAND?