On 12/18/2011 9:15 AM, Han wrote:
Sorry, you're quoting an obsolete version.

The current version (S.1867es, I found the pdf via:
http://thomas.loc.gov/cgi-bin/query/D?c112:2:./temp/~c112Tl2LH5::)
does not contain those statements under 1031.

Instead, there is this vague wording under 1031 (e) on page 428 of the pdf
I have:
"10 (e) AUTHORITIES.—Nothing in this section shall be
11 construed to affect existing law or authorities, relating to
12 the detention of United States citizens, lawful resident
13 aliens of the United States or any other persons who are
14 captured or arrested in the United States."

While I'm hopeful that this means that US citizens and lawful residents are
NOT subject to this proposed law, I find the wording less than unambiguous.


My last activity prior to retirement was to participate in the
rewrite/update of an instruction issued by the Office of the Secretary
of one of the Department of Defense's primary military services. One of
the team's goals was to write the instruction as unambiguously as
possible, to minimize the opportunity for both inadvertent and
intentional misinterpretation. After months of careful research and
writing, we were required to send our final draft to the legal staff of
the Secretary's office for their endorsement. That endorsement was
required if the draft was to continue along the review chain. They
rejected it, sending it back because it was too specific. They said
that they require ambiguity in instructions because that gives them
greater flexibility (latitude) in enforcing the instruction according to
the particular wishes of the Secretary.

Interpretation for those who did not make their career "inside the
Beltway": high government agencies need wiggle room so that their front
offices can satisfy the particular political objectives and assignments
coming from further up in the chain of command. They detest regulations
that box them in and potentially leave them no capacity to make their
bosses happy.

Lawyers run the show, and lawyers love ambiguity. Without it, no one
would need them.