By Joshua Barnes
Friday, Dec 30, 2011http://joshbotblog.wordpress.com/2011/12/30/ndaa-about-to-be-signed-as-media-looks-the-other-way/
It's at Obama's desk.
The annual National Defense Authorization Act made it to Obama's desk who already signaled he would sign it. The bill effectively puts the military into a martial law stance by requiring them to detain US citizens suspected of aiding terrorists (Section 1022 (a) (1) seen below). Once detained secret military tribunals already have the right to secretly execute or deport the suspects to overseas "black sites" as they have regularly been doing for years under the cloak of previous bills and "National Security". Soon citizens the military suspects of aiding terrorists will legally start disappearing. Does that mean you? Does that mean me? The answer is anyone the military "suspects". This past decade the military has repeatedly pointed it's suspicions at such dangerous folks as pot smokers, protestors, bloggers, reporters, human rights activists, and a wide range of other obviously non-terrorists. The basic rights and division of powers we learned about in high school civics - that basic difference which makes America the 'land of the free' where we are 'innocent until proven guilty' are about to be further signed away.
The Silent Press
Today as the bill sits on the president's desk waiting to be signed all the major news agencies are silent. Not a peep from cnn.com, foxnews.com, abcnews.go.com, huffingtonpost.com, npr.org, usatoday.com, msnbc, or any of the other mainstream media on their websites. I checked them all. The media has exploited objections to the bill by presidential candidate Ron Paul who is of course staunchly against the NDAA by instead covering those who see him as dangerous for not supporting it.
I urge everyone to read and understand the ramifications of sections 1021, 1022, and 1032 of the bill HERE. While the bill insists that it does not expand the president or military's abilities it blatantly does exactly that. The bill leans heavily on contested legal definitions, court rulings, and open ended statements which as a whole constitute a blank check for the military to engage the American public however it pleases.http://www.youtube.com/watch?v=4DNDHbT44cY
For those who would lean on the notion that the bill introduces no new threat despite it's open ended description of those who aid terrorists consider that George Bush's legal team testified that they could legally sexually torture children in front of their parents based on wording from the Patriot Act.http://www.youtube.com/watch?v=bO2p0KHyzpw
In summary the bill serves as a summary of assumptions and conclusions which the military and executive branch may now operate by based on interpretations of prior legislation.
The following is cut and pasted sections from the latest version sitting on the presidents desk from thomas.loc.gov and includes only sections 1021, 1022, and 1032
SEC. 1021. 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; 50 U.S.C. 1541 note) 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. 1022. MILITARY CUSTODY FOR FOREIGN AL-QAEDA TERRORISTS.
(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 1021 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 1021(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1028.
(4) WAIVER FOR NATIONAL SECURITY- The President may waive the requirement of paragraph (1) if the President 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 which is ongoing at the time the determination is made and does not require the interruption of any such ongoing interrogation.
(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) Authorities- Nothing in this section shall be construed to affect the existing criminal enforcement and national security authorities of the Federal Bureau of Investigation or any other domestic law enforcement agency with regard to a covered person, regardless whether such covered person is held in military custody.
(e) 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.
SEC. 1032. NATIONAL SECURITY PLANNING GUIDANCE TO DENY SAFE HAVENS TO AL-QAEDA AND ITS VIOLENT EXTREMIST AFFILIATES.
(a) Purpose- The purpose of this section is to improve interagency strategic planning and execution to more effectively integrate efforts to deny safe havens and strengthen at-risk states to further the goals of the National Security Strategy related to the disruption, dismantlement, and defeat of al-Qaeda and its violent extremist affiliates.
(b) National Security Planning Guidance-
(1) GUIDANCE REQUIRED- The President shall issue classified or unclassified national security planning guidance in support of objectives stated in the national security strategy report submitted to Congress by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 404a) to deny safe havens to al-Qaeda and its violent extremist affiliates and to strengthen at-risk states. Such guidance shall serve as the strategic plan that governs United States and coordinated international efforts to enhance the capacity of governmental and nongovernmental entities to work toward the goal of eliminating the ability of al-Qaeda and its violent extremist affiliates to establish or maintain safe havens.
(2) CONTENTS OF GUIDANCE- The guidance required under paragraph (1) shall include each of the following:
(A) A prioritized list of specified geographic areas that the President determines are necessary to address and an explicit discussion and list of the criteria or rationale used to prioritize the areas on the list, including a discussion of the conditions that would hamper the ability of the United States to strengthen at-risk states or other entities in such areas.
(B) For each specified geographic area, a description, analysis, and discussion of the core problems and contributing issues that allow or could allow al-Qaeda and its violent extremist affiliates to use the area as a safe haven from which to plan and launch attacks, engage in propaganda, or raise funds and other support, including any ongoing or potential radicalization of the population, or to use the area as a key transit route for personnel, weapons, funding, or other support.
(C) A list of short-term, mid-term, and long-term goals for each specified geographic area, prioritized by importance.
(D) A description of the role and mission of each Federal department and agency involved in executing the guidance, including the Departments of Defense, Justice, Treasury, and State and the Agency for International Development.
(E) A description of gaps in United States capabilities to meet the goals listed pursuant to subparagraph (C), and the extent to which those gaps can be met through coordination with nongovernmental, international, or private sector organizations, entities, or companies.
(3) REVIEW AND UPDATE OF GUIDANCE- The President shall review and update the guidance required under paragraph (1) as necessary. Any such review shall address each of the following:
(A) The overall progress made toward achieving the goals listed pursuant to paragraph (2)(C), including an overall assessment of the progress in denying a safe haven to al-Qaeda and its violent extremist affiliates.
(B) The performance of each Federal department and agency involved in executing the guidance.
(C) The performance of the unified country team and appropriate combatant command, or in the case of a cross-border effort, country teams in the area and the appropriate combatant command.
(D) Any addition to, deletion from, or change in the order of the prioritized list maintained pursuant to paragraph (2)(A).
(4) SPECIFIED GEOGRAPHIC AREA DEFINED- In this subsection, the term `specified geographic area' means any country, subnational territory, or region--
(A) that serves or may potentially serve as a safe haven for al-Qaeda or a violent extremist affiliate of al-Qaeda--
(i) from which to plan and launch attacks, engage in propaganda, or raise funds and other support; or
(ii) for use as a key transit route for personnel, weapons, funding, or other support; and
(B) over which one or more governments or entities exert insufficient governmental or security control to deny al-Qaeda and its violent extremist affiliates the ability to establish a large scale presence.