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[email protected][_2_] trader4@optonline.net[_2_] is offline
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Default Under new bill, Americans can be arrested and taken to Guantánamo Bay

On Dec 15, 11:06*am, Peter wrote:
On 12/15/2011 8:27 AM, Home Guy wrote:

http://www.guardian.co.uk/world/2011...ace-guantanamo...


Americans face Guantánamo detention after Obama climbdown


Defence funding bill allows American citizens to be arrested as
terrorists on home soil and held indefinitely without trial


Chris McGreal in Washington
Thursday 15 December 2011 04.34 GMT


Barack Obama has abandoned a commitment to veto a new security law that
allows the military to indefinitely detain without trial American
terrorism suspects arrested on US soil who could then be shipped to
Guantánamo Bay.


[remainder snipped for brevity]

I'm not a lawyer, much less a Constitutional lawyer, but doesn't the 6th
Amendment provide the right to a speedy trial? *Also, there may be a
violation of Constitutional habeas corpus protections. *I predict legal
challenges if this legislation is enacted.


This troll started the same nonsense a couple weeks ago and it
was soundly demolished. The bill simply does not say what he claims
it says. Here, from the actual bill:

"(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.


So first in only applies to Al-Qaeda that have participated in
planning attacks on the USA . Second, it specifically excludes
US citizens and resident aliens.

He's just an American bashing troll that makes off topic posts
here and continues to try to get away with it again, after it's been
pointed out that what he's posted is a lie.