NDAA

[Au-myn]

The National Defense Authorization Act (NDAA) for Fiscal Year 2012[1] was signed into United States law on December 31, 2011, by President Barack Obama.[2][3]

The Act authorizes $662 billion[4] in funding, among other things "for the defense of the United States and its interests abroad." In a signing statement, President Obama described the Act as addressing national security programs, Department of Defense health care costs, counter-terrorism within the U.S. and abroad, and military modernization.[5][6] The Act also imposes new economic sanctions against Iran (section 1045), commissions appraisals of the military capabilities of countries such as Iran, China, and Russia,[7] and refocuses the strategic goals of NATO towards "energy security."[8]

The most controversial provisions to receive wide attention are contained in Title X, Subtitle D, entitled "Counter-Terrorism." In particular, sub-sections 1021 and 1022, which deal with detention of persons the government suspects of involvement in terrorism, have generated controversy as to their legal meaning and their potential implications for abuse of Presidential authority. Although the White House[9] and Senate sponsors[10] maintain that the Authorization for Use of Military Force (AUMF) already grants presidential authority for indefinite detention, the Act states that Congress "affirms" this authority and makes specific provisions as to the exercise of that authority.[11][12] The detention provisions of the Act have received critical attention by, among others, the American Civil Liberties Union (ACLU), the Bill of Rights Defense Committee, and some media sources which are concerned about the scope of the President's authority, including contentions that those whom they claim may be held indefinitely could include U.S. citizens arrested on American soil, including arrests by members of the Armed Forces.[13][14][15][16][17]

The bill passed the House 283 to 136.[18]

A federal court issued an order blocking the indefinite detention powers of the NDAA for American citizens on the grounds of unconstitutionality.

Indefinite detention without trial: Section 1021

The detention sections of the NDAA begin by "affirm[ing]" that the authority of the President under the AUMF, a joint resolution passed in the immediate aftermath of the September 11, 2001 attacks, includes the power to detain, via the Armed Forces, any person (including U.S. citizens) "who was 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", and anyone who commits a "belligerent act" against the U.S. or its coalition allies in aid of such enemy forces, under the law of war, "without trial, until the end of the hostilities authorized by the [AUMF]". The text authorizes trial by military tribunal, or "transfer to the custody or control of the person's country of origin", or transfer to "any other foreign country, or any other foreign entity".[20]

Addressing previous conflict with the Obama Administration regarding the wording of the Senate text, the Senate-House compromise text, in sub-section 1021(d), also affirms that nothing in the Act "is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force". The final version of the bill also provides, in sub-section(e), that "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." As reflected in Senate debate over the bill, there is a great deal of controversy over the status of existing law.[14]

An amendment to the Act that would have replaced current text with a requirement for executive clarification of detention authorities was rejected by the Senate.[21]

According to Senator Carl Levin, "the language which precluded the application of section 1031 to American Citizens was in the bill that we originally approved in the Armed Services Committee and the Administration asked us to remove the language which says that US Citizens and lawful residents would not be subject to this section".[22]

http://en.wikipedia.org/wiki/National_Defense_Authorization_Act_for_Fiscal_Year _2012

[Au-myn]

Sorry, Mr. President. A US Federal judge has clarified a decision made last month with some news sure to upset the Obama administration: the White House cannot use the NDAA to indefinitely detain American citizens.

Judge Katherine B. Forrest has answered a request made by US President Barack Obama last month to more carefully explain a May 16 ruling made in a Southern District of New York courtroom regarding the National Defense Authorization Act. Clarifying the meaning behind her injunction, Judge Forrest confirms in an eight-page memorandum opinion this week that the NDAA’s controversial provision that permits indefinite detention cannot be used on any of America's own citizens.

Last month Judge Forrest ruled in favor of a group of journalists and activists whom filed a suit challenging the constitutionality of Section 1021 of the NDAA, a defense spending bill signed into law by President Obama on New Year’s Eve. Specifically, Judge Forrest said in her injunction that the legislation contained elements that had a "chilling impact on First Amendment rights” and ruled that no, the government cannot imprison Americans over suspected ties with terrorists.

"In the face of what could be indeterminate military detention, due process requires more,” said the judge.

The Obama administration responded nine days later by asking Judge Forrest to reconsider her ruling, adding that, in the interim, the government would interpret the injunction to mean that only the few plaintiffs listed on the lawsuit would be excluded from indefinite detention. One of those named, journalist Chris Hedges, had previously said, “I have had dinner more times than I can count with people whom this country brands as terrorists … but that does not make me one.”

Responding to the White House’s demands, Judge Forrest writes in a June 6 memo, “Put more bluntly, the May 16 order enjoined enforcement of Section 1021(b)(2) against anyone until further action by this, or a higher, court — or by Congress. This order should eliminate any doubt as to the May 16 order’s scope.”

Judge Forrest does include in her ruling, however, that Americans can be indefinitely detained, but only providing that the government can link suspects directly to the September 11 terrorist attacks.

Attorney Carl Meyer represented the plaintiffs in the lawsuit and told RT last month that he expected the Obama administration to challenge Judge Forrest’s ruling, but warned that “it may not be in their best interest because there are so many people from all sides of the political spectrum opposed to this law.”

Previously, state lawmakers in both Utah and Virginia have proposed legislation that would negate provisions of the NDAA on a local level.

http://rt.com/usa/news/ndaa-judge-obama-forrest-295/

[TimoneX]

According to Senator Carl Levin, "the language which precluded the application of section 1031 to American Citizens was in the bill that we originally approved in the Armed Services Committee and the Administration asked us to remove the language which says that US Citizens and lawful residents would not be subject to this section".[22]

WHEW! See I knew MY Senator wouldn't be involved in this abomination...even if he did co-sponsor it. Thank you for the clarification Senator traitorous reptile. A pox on your house sir.

[Au-myn]

You know who was behind this Bill ??

Either Monday or Tuesday the Senate will vote on a bill that allows the US military to imprison civilians with no formal charges and hold them with no trial.

The ACLU reports even US citizens wouldn't be immune as the legislation aims to declare national territory part of the "battlefield" in the War on Terror.

Termed the National Defense Authorization Act (NDAA) and drafted behind closed doors by Senators Carl Levin (D-Mich.) and John McCain (R-Ariz.) the NDAA would:

1) Explicitly authorize the federal government to indefinitely imprison without charge or trial American citizens and others picked up inside and outside the United States;

(2) Mandate military detention of some civilians who would otherwise be outside of military control, including civilians picked up within the United States itself; and

(3) Transfer to the Department of Defense core prosecutorial, investigative, law enforcement, penal, and custodial authority and responsibility now held by the Department of Justice.

From the ACLU's website:

In support of this harmful bill, Sen. Lindsey Graham (R-S.C.) explained that the bill will “basically say in law for the first time that the homeland is part of the battlefield” and people can be imprisoned without charge or trial “American citizen or not.” Another supporter, Sen. Kelly Ayotte (R-N.H.) also declared that the bill is needed because “America is part of the battlefield.”

In an effort to stop the bill, Sen. Mark Udall (D-Colo.) is floating the Udall Amendment, which according to the ACLU is:

"A way for the Senate to say no to indefinite detention without charge or trial anywhere in the world where any president decides to use the military. Instead of simply going along with a bill that was drafted in secret and is being jammed through the Senate, the Udall Amendment deletes the provisions and sets up an orderly review of detention power. It tries to take the politics out and put American values back in.


What madness is this?

http://www.dailypaul.com/189419/national-defense-authorization-act-us-military-to-imprison-civilians-without-charges-tri

[REO 54]

'What madness is this?"

It is the madness of the moment. Truth.....far stranger than any fiction,unfolding before us, as the curtain is finaly being pulled back. :afraid: