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View Full Version : Found on RedState: The Truth about NDAA by Justin Amash




wgadget
12-17-2011, 07:52 PM
This MAY just attract a lot more of the neocon persuasion to Ron Paul's candidacy.

http://www.redstate.com/justinamash/2011/12/17/the-truth-about-the-new-detainee-policy/

Blurb:

On Thursday, Congress gave the President sweeping new power to detain American citizens indefinitely, without charge or trial. A provision in the National Defense Authorization Act (NDAA) empowers the President to detain anyone who “substantially supported” groups he determines are “associated forces” of terrorists.

The provision at issue, sec. 1021, was tucked into an 1800-page conference report that was shuttled through Congress in a matter of days. Given the complexity and weight of the issue, I was interested to read House Armed Services Committee Chairman Buck McKeon’s post on RedState explaining the bill’s detention policy. Unfortunately, the post is almost useless because it muddles two separate provisions of the NDAA.

Sec. 1021, the bill’s discretionary detention provision, authorizes the President to detain persons who “substantially supported” forces “associated” with al-Qaeda or the Taliban that “are engaged in hostilities” against the U.S. or its “coalition partners.” None of the quoted terms are defined. We do not know what constitutes substantial support, hostilities, or our coalition partners. Critically, the bill does not attempt to define “associated forces,” either. Without knowing what qualifies as an associated force, no one can be sure they are safe from the government’s detention.

Sec. 1022, the bill’s mandatory detention provision, requires the President to detain members of al-Qaeda who have planned or carried out attacks against the U.S. or its coalition partners. Only sec. 1022 states that it “does not extend to citizens of the United States.”

(You can read the language of both provisions in the conference report. Sec. 1021 begins on p. 653; sec. 1022 begins on p. 656.)