Congress reaffirms indefinite detention of Americans under NDAA [Archive]

greyseal

05-25-2014, 11:01 AM

Rep. Adam Smith
“U.S. Current law provides the President with the authority to indefinitely detain individuals apprehended in the United States “

Really?, the term ‘individual is not used. The term is U. S. citizen

THE DEFINITION OF “U.S. citizen” IN THE NATIONAL DEFENSE AUTHORIZATION ACT –is “A SHIPPING CORPORATION” UNDER MARITIME SECURITY PROGRAMS
INTERNATIONAL MARITIME ORGANIZATION/INTERNATIONAL LABOR ORGANIZATION
http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_country=USA&p_classification=00&p_origin=COUNTRY&p_sortby=SORTBY_COUNTRY
2003-11-24 USA-2003-L-67183
United States
General provisions
PARALLEL TABLE OF AUTHORITIES AND RULES
http://www.gpo.gov/help/parallel_table.pdf
Authorities

Public Laws—Continued Code of Federal Regulations
108–136 .........................................46 Part 296

46 CFR PART 296 - MARITIME SECURITY PROGRAM (MSP)
46 CFR 296.1 - PURPOSE.
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§ 296.1
Purpose.
This part prescribes regulations implementing the provisions of Subtitle C, Maritime Security Fleet Program, Title XXXV of the National Defense Authorization Act for Fiscal Year 2004, the Maritime Security Act of 2003 (MSA 2003), governing Maritime Security Program (MSP) payments for vessels operating in the foreign trade or mixed foreign and domestic commerce of the United States allowed under a registry endorsement issued under 46 U.S.C. 12105. The MSA 2003 provides for joint responsibility between the Department of Defense (DOD) and the Department of Transportation (DOT) for administering the law. These regulations provide the framework for the coordination between DOD and DOT in implementing the MSA 2003. Implementation of the MSA 2003 has been delegated by the Secretary of Transportation to the Maritime Administrator, U.S. Maritime Administration and by the Secretary of Defense to the Commander, U.S. Transportation Command, respectively.

46 CFR 296.2 - DEFINITIONS.
§ 296.2
Definitions.

Act means the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1101 et seq. ).

Section 2 Citizen means a United States citizen within the meaning of section 2 of the Shipping Act, 1916, 46 U.S.C. 802, without regard to any statute that “deems” a vessel to be owned and operated by a Section 2 Citizen.
PARALLEL TABLE OF AUTHORITIES AND RULES
http://www.gpo.gov/help/parallel_table.pdf
Authorities

46 U.S.C.—Continued
802—803........................................4 6 Part 355
46 CFR 355.2 - REQUIREMENTS REGARDING EVIDENCE OF U.S. CITIZENSHIP; AFFIDAVIT GUIDE.
§ 355.2
Requirements regarding evidence of U.S. citizenship; affidavit guide.
(a) In order to establish that a corporation is a citizen of the United States within the meaning of section 2, Shipping Act, 1916, as amended, the form of affidavit to be used as a guide is hereby prescribed for execution in behalf of the primary corporation and filing with an application or, if required, subsequent filing within 30 days after the annual meeting of the stockholders (if the primary corporation is a wholly owned subsidiary and contrary to the bylaw provision does not hold the annual meeting of stockholders, the subsequent filing should be annually and related to the date of the original filing) as evidence of the continuing U.S. citizenship of a “person” as defined in section 1, Shipping Act, 1916, as amended, which shall read as follows…..
__________________________________________________ _______________
The definition of a U.S. citizen contained in the NDAA, is a “Shipping Corporation”
The definition of “United States excludes the several states of the union.
TITLE 46, APPENDIX App. > CHAPTER 27 > SUBCHAPTER IX > § 1244
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§ 1244. DEFINITIONS
How Current is This?
When used in this chapter—
http://www.law.cornell.edu/uscode/html/uscode46a/usc_sec_46a_00001244----000-.html
(b) The term “person” includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.
(b) (c) The words “citizen of the United States” include a corporation, partnership, or association only if it is a citizen of the United States within the meaning of sections 802 and 803 of this Appendix, and with respect to a corporation under subchapter VI of this chapter, all directors of the corporation are citizens of the United States and, in the case of a corporation, partnership, or association operating a vessel on the Great Lakes, or on bays, sounds, rivers, harbors, or inland lakes of the United States the amount of interest required to be owned by a citizen of the United States shall be not less than 75 per centum.
(c) (g) The term “United States”* includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands, Panama removed. (note) the term “includes”, is restrictive, the several states are eliminated from the definition of “United States”.

The term ‘Armed Forces’, is the same as Armed Services”, otherwise there would have to be a “Armed Forces”, committee in Congress, and there is no such committee.

THE DEPARTMENT OF DEFENSE IS THE COMMODITY CREDIT CORPORATION, NOT THE MILITARY, a ROCKEFELLER CREATION
COMMODITY CREDIT CORPORATION *CHARTER 15 U.S.C.
Change of Name
National Military Establishment changed to Department of Defense by act Aug. 10, 1949.
Codification
The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3011 to 3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

The Posse Comitatus Act forbid the use of the Military in the arrest of citizens
18 U.S. CODE § 1385 - USE OF ARMY AND AIR FORCE AS POSSE COMITATUS
http://www.law.cornell.edu/uscode/text/18/1385
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

The Secretary of Defense, cannot conscript anyone in the Military to arrest or detain anyone, because the Department of Defense is not the Military.
10 U.S. CODE § 375 - RESTRICTION ON DIRECT PARTICIPATION BY MILITARY PERSONNEL
http://www.law.cornell.edu/uscode/text/10/375
The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.