The Battleground For Freedom: Updated

by MisBehaved Woman

In this year’s The National Defense Authorization Act there seemed to be some worrisome legislation tucked obscurely away; sections 1031 & 1032 that deal with the military’s ability to pick up and detain US citizens anywhere in the world appeared to be overreaching and unnecessary and set off quite a stir among people across the internet.  That it was difficult to find the referenced section only added to the panic. However, it seems that this year’s legislation isn’t proposing anything new at all. Read the sections in question carefully:

Section 1031 of the bills explicitly states “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.”

Section 1032 , which the ACLU says gives the president “the power to order the military to pick up and imprison without charge or trial civilians anywhere in the world,” actually says The requirement to detain a person in military custody under this section does not extend to citizens of the United States.

Senator Mark Udall’s proposed amendment in opposition to the questionable sections 1031 & 1032, has turned out to be nothing more than a slick political maneuver – as his amendment actually would have expanded the very powers it claimed to oppose! What the current legislation does is maintain the status quo but Udall’s version would have greatly expanded the power of the president.

You can read more about that, here on the Greeley Gazette .

In the meantime, I apologize if I jumped the gun in my original posting of information.

Bill Text – 112th Congress (2011-2012) – THOMAS (Library of Congress)

English: Detail of Preamble to Constitution of...

Image via Wikipedia

Is this legislation as threatening as it sounds? Or did the story get overblown and distorted?

Battlefield US: Americans Face Arrest As War Criminals

America is opening up a new warfront and it’s in your own backyard. It’s in your neighbor’s house, it’s three states over and it’s on the other side of the Mississippi.

That’s what a new legislation could lead to and the consequences are dire and constitutionally damning.

The United States Senate is set to vote this week on a bill that would categorize the entire USA as a “battlefield,” allowing law enforcement duties to be dished out by the American Military, who in turn could detain any US citizen as a war criminal — even coming into their own homes to issue arrests.

The National Defense Authorization Act regularly comes before Congress for changes and additions, but the latest provision, S. 1867, proves to be the most powerful one yet in raping constitutional freedoms from Americans. Move over, Patriot Act. Should S. 1867 pass, lawmakers could conjure the text to keep even regular citizens detained indefinitely by their own military.

Sen. Lindsey Graham (R-S.C.), a supporter of the bill, has explicitly stated that the passing of S. 1867 would “basically say in law for the first time that the homeland is part of the battlefield” and could lead to the detention of citizens without charge or trial, writes Chris Anders of the American Civil Liberties Union’s Washington office.

Sen. Kelly Ayotte (R-N.H) sits on the same side of the aisle and agrees wholeheartedly. “America is part of the battlefield,” says the lawmaker.

America’s Military is already operating in roughly 200 countries, dishing out detention and executions to citizens of other nations. As unrest erupts on the country’s own soil amid a recession, economic collapse and protests in hundreds of cities from coast-to-coast, is it that much of a surprise that lawmakers finally want to declare the US a war zone?

Maybe not, but if the Senate has their way, the consequential could be detrimental to the US Constitution.

“The Senate is going to vote on whether Congress will give this president — and every future president — the power to order the military to pick up and imprison without charge or trial civilians anywhere in the world,” adds Anders. “The power is so broad that even US citizens could be swept up by the military and the military could be used far from any battlefield, even within the United States itself.”

Battlefield US: Americans face arrest as war criminals under Army state law

10 Responses to “The Battleground For Freedom: Updated”

  1. Do you know what section of the Defense Autorization Bill contains the text that would authorize this? I want to spread the word, but I also want to be able to point out exactly where the damning text is so that people can contact their representatives with specifics.

  2. Section 1032 is the section this pertains to.

    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.

    Here is the link – http://thomas.loc.gov/cgi-bin/query/F?c112%3A1%3A.%2Ftemp%2F%7Ec112JGk2aj%3Ae464889

  3. Tucked into this huge bill, we know this will pass both houses of congress. Any hope for line item veto?

    • Not likely, short of a miracle. Looks like it’s been in the works for awhile now so all the Senate is doing is staging a debate about the bill before pushing it through. Yuck.

      • I’ve done more research and updated the original article. Seems like this all may have been blown a bit out of proportion. I thought I had researched it all well enough yesterday but looking with a fresh set of eyes and a little more information this evening leads me to believe I bought into and helped perpetuate the hype! So, so, sorry!

  4. You’re not the only one; I swallowed this one hook, line and sinker. Now that I’ve read the actual provisions, it looks like Section 1032 (b) says that this section does not pertain to citizens of the US or Lawful Resident Aliens except to the extent permitted by the Constitution of the US.

    “(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.”

  5. On the other hand, I really wouldn’t feel too bad about falling for the hype, because our government’s track record has gotten to the point that we actually expect this kind of bull shit to come down the pike sooner rather than later.

  6. I still see people throwing articles around about it around today and not much is being done to contradict any of it. There’s even a petition to stop it from passing which could be interesting if anyone in DC took the petition seriously. It gets stopped and then what? Udall’s version gets passed? *Snort* Wouldn’t that be the irony of ironies?

    So what I’m left trying to figure out now is how in the hell any of these sections got written into any kind of legislation that could be reviewed or tampered with? “Don’t use the military against US citizens.” seems to be pretty straight forward & to the point – so why is it ever even reviewed or debated? They didn’t change it this time but they could next year, right? What’s to stop Udall’s version of the bill that seems to expand power to the president from passing next year or the year after?

    No wonder we’ve come to expect the worst…it’s kind of hard not to when you know the rules can be changed at any time on any gov’t whim. We can scream or petition but seriously, they (legislators) don’t care and will do as they please anyways because they know by the time the next election rolls around, we’ll have forgotten it all and vote for them again. Ugh.

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