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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 17, 6:57*pm, Han wrote:
" wrote :

On 15 Dec 2011 21:59:07 GMT, Han wrote:


"Attila.Iskander" wrote in
news:jcdme4$num$1 @dont-email.me:


Ironically, it turned out that all those (and some more) were actual
communists.


This is a good analogy. *Some were communists or at least not averse
to have others exercise their right for free speech.


No, the ones McCarthy was going after were Communists, as in "Soviet
agents" and their accomplices.


Huh, you're McCarthy's son?

I am not sympathetic to a lot of what is happening or stated in the
world, but I'd like to be able to discuss almost anything. *And I'd
like to be the one to decide what I can discuss.


Go for it. *No one is stopping you, even though you often don't have
the facts or are even interested in getting them.


Reading the relevant passage on a government website, it is patently
unclear whether a US citizen, anointed as an Al Quaida sympathizer or
somesuch, is automatically excluded from due process.


And despite being asked for that relevant passage about
10 times now, you have not provided it. In fact, you said
along the way, that you were too lazy to look it up. So,
either put up or shut up.

I've provided the relevant section in the bill. What part
of the below don't you understand or need a lawyer
to figure out that it excludes US citizens? Or alternatively
show us the part you're continuing to bitch about.



"(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.







*I don't trust
lawyers on points like these.


No, better to trust liars like HomeGuy that restarts
the same discredited thread.



*Hopefully the SCOTUS will rule soonest
possible on this IMNSHO terrible law.



They won't be ruling on it because it's just a bill that
AFAIK, has not passed. As for the legalilty of detaining
enemy combatants, the Supreme Court has ruled
on that and generally upheld the rights of the military.
Gitmo is still open, you know.