House, Senate Negotiators Agree On $662 Billion Defense Bill

Submitted by Bill St. Clair on Tue, 13 Dec 2011 13:23:01 GMT <== Politics ==>

AP via The Huffington Post - The House/Senate conference report has been filed for the National Defense Authorization Act of 2012, HR1540. Most of the discussion of this bill has been of the senate version, S1867, but it started in the House, as must all appropriations, so this is the bill that will be presented to the President. It still contains the language authorizing military detainment, without trial, of "Covered Persons". Military custody is required for aliens, but optional for US citizens and lawful resident aliens. This bill will likely be presented to Obama tomorrow, and I'll bet he'll sign it.

They're about to change the rules of engagement. Used to be that if a federal agent arrested you, the best strategy was to go along and argue your case in court. Now it makes more sense to shoot, shovel, and shut up.

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) 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.

    (f) 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.

Add comment Edit post Add post

Previous Posts:
Zagmuk, Christmas, and the Whole Nine Candles
The Face of the Killer Who Is Your President
Quote
Quote
Quote
The Curse of the Coffee, Tea and Beer Drinkers
Fluid
Paying to live
Swiss America Harpoons Obama and Bernanke
Reminder: Oh, Won’t You Please Shut Up?

Navigation

History

Quotes

Government doesn't work. Never did. Never will. Can't. But there are lots of good people. Love them.

-- Bill St. Clair

The Atlanta Declaration

Every man, woman, and responsible child has an unalienable individual, civil, Constitutional, and human right to obtain, own, and carry, openly or concealed, any weapon -- rifle, shotgun, handgun, machinegun, anything -- any time, any place, without asking anyone's permission.

-- L. Neil Smith

Reread that pesky first clause of the Second Amendment. It doesn't say what any of us thought it said. What it says is that infringing the right of the people to keep and bear arms is treason. What else do you call an act that endangers "the security of a free state"? And if it's treason, then it's punishable by death. I suggest due process, speedy trials, and public hangings.

-- L. Neil Smith

A Penalty Clause for the Bill of Rights

Any official, appointed or elected, at any level of government, who attempts, through legislative act or other means, to nullify, evade, or avoid the provisions of the first ten amendments to this Constitution, or of the Thirteenth Amendment, shall be summarily removed from office, and, upon conviction, deprived of all pay and benefits including pension, and sentenced to imprisonment for life.

-- L. Neil Smith

Based on 253 journal articles, 99 books, 43 government publications, and some of its own empirical work, the panel couldn't identify a single gun control regulation that reduced violent crime, suicide or accidents.

-- John Lott, commenting on the National Academy of Sciences report on gun control laws.

Who is a libertarian?

Zero Aggression Principle ("Zap")

"A libertarian is a person who believes that no one has the right, under any circumstances, to initiate force against another human being, or to advocate or delegate its initiation. Those who act consistently with this principle are libertarians, whether they realize it or not. Those who fail to act consistently with it are not libertarians, regardless of what they may claim."

-- L. Neil Smith

(Formerly called the "Non-Aggression Principle", or "NAP")

Why Did It Have to be... Guns?

Make no mistake: all politicians -- even those ostensibly on the side of guns and gun ownership -- hate the issue and anyone, like me, who insists on bringing it up. They hate it because it's an X-ray machine. It's a Vulcan mind-meld. It's the ultimate test to which any politician -- or political philosophy -- can be put.

If a politician isn't perfectly comfortable with the idea of his average constituent, any man, woman, or responsible child, walking into a hardware store and paying cash -- for any rifle, shotgun, handgun, machinegun, anything -- without producing ID or signing one scrap of paper, he isn't your friend no matter what he tells you.

If he isn't genuinely enthusiastic about his average constituent stuffing that weapon into a purse or pocket or tucking it under a coat and walking home without asking anybody's permission, he's a four-flusher, no matter what he claims.

What his attitude -- toward your ownership and use of weapons -- conveys is his real attitude about you. And if he doesn't trust you, then why in the name of John Moses Browning should you trust him?

-- L. Neil Smith

Concise

"Tell me," I was once asked, "What do you think about gun control? Give me the short answer." To which I replied, "If you try to take our firearms we will kill you."

-- Mike Vanderboegh

Also from The Atlanta Declaration:

... like going to the bathroom, breathing, eating, sleeping, or making love, it turns out that self-defense is a bodily function one cannot safely or effectively delegate to a second party.

-- L. Neil Smith

This does not mean that "Marijuana should be available by prescription." It means that morphine sulfate should be available in five pound bags at the supermarket for a couple of bucks, like sugar... but probably in a different aisle, to avoid confusion.

-- Vin Suprynowicz

If you refuse to pay unjust taxes, your property will be confiscated. If you attempt to defend your property, you will be arrested. If you resist arrest, you will be clubbed. If you defend yourself against clubbing, you will be shot dead. These procedures are known as the Rule of Law.

-- Edward Abbey

The state can only survive as long as a majority is programmed to believe that theft isn't wrong if it's called taxation or asset forfeiture or eminent domain, that assault and kidnapping isn't wrong if it's called arrest, that mass murder isn't wrong if it's called war.

-- Bill St. Clair

End the War on Freedom

House, Senate Negotiators Agree On $662 Billion Defense Bill