Thursday, December 15, 2011

National Defense Act For 2012 Will Nullify The Bill Of Rights




The US military can arrest Americans at any time without an arrest warrant or trial because obama has requested this nullification of the bill of rights.

National Defense Authorization Act for Fiscal Year 2012 Allows US Military To Arrest And Detain American Citizens

Section 1031 of the National Defense Authorization Act (S.1867/H.R.1540) as currently worded (see text below) authorizes the President to use Military Force to detain indefinitely and without trial persons who engage in belligerent acts or are part of or support forces engaged in "hostilities against the United States or its coalition partners":

In summary, once the NDAA becomes law a US citizen on US soil can lawfully be detained or killed by the US military if the military believes that citizen to be a terrorist affiliated with Al Qaeda or its allies.

The National Defense Authorization Act is unconstitutional.

It allows the federal government and military to indefinitely imprison American citizens without charge or trial, inside or outside of the United States.
Sections 1031 and 1032

This violates the 5th, 6th, 7th Amendment, and the Posse Comitatus Act.

5th Amendment: "No person shall be deprived of life, liberty, or property without due process of law"

6th Amendment: The right to a speedy and public trial

7th Amendment: The right of trial by jury

The Founding Fathers warned about this. James Madison said that "if tyranny and oppression come to this land, it will be under the guise of fighting a foreign enemy".

Benjamin Franklin advised us to be against security measures such as these, when he said "those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.

[In case they say it doesn't apply to Americans]: The bill is misleadingly structured in a way that it appears American citizens are exempt from it. There is an exemption for Americans from the mandatory detention requirement (Section 1032), but no exemption for Americans from the authorization to use the military to indefinitely detain people without charge or trial (Section 1031).

Read section 1031 and section 1032 starting on page 359 of this PDF that Allows the US Military to arrest and imprision you without anybody including yourself doing anything about it.

(This section 1031 does NOT exempt US citizens from arrest and detention in the camps the US government has prepared. Like all laws it is confusing but know this: anybody that tells you the US military can't take you away without at any time for any reason is full of sh-it! This includes anybody in the military that tells you otherwise.) Story Reports

Subtitle D—Detainee Matters
4 SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED
5 FORCES OF THE UNITED STATES TO DETAIN
6 COVERED PERSONS PURSUANT TO THE AU7
THORIZATION FOR USE OF MILITARY FORCE.
8 (a) IN GENERAL.—Congress affirms that the author9
ity of the President to use all necessary and appropriate
10 force pursuant to the Authorization for Use of Military
11 Force (Public Law 107–40) includes the authority for the
12 Armed Forces of the United States to detain covered per13
sons (as defined in subsection (b)) pending disposition
14 under the law of war.
15 (b) COVERED PERSONS.—A covered person under
16 this section is any person as follows:
17 (1) A person who planned, authorized, com18
mitted, or aided the terrorist attacks that occurred
19 on September 11, 2001, or harbored those respon20
sible for those attacks.
21 (2) A person who was a part of or substantially
22 supported al-Qaeda, the Taliban, or associated forces
23 that are engaged in hostilities against the United
24 States or its coalition partners, including any person
25 who has committed a belligerent act or has directly
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360
•S 1867 PCS
1 supported such hostilities in aid of such enemy
2 forces.
3 (c) DISPOSITION UNDER LAW OF WAR.—The dis4
position of a person under the law of war as described
5 in subsection (a) may include the following:
6 (1) Detention under the law of war without
7 trial until the end of the hostilities authorized by the
8 Authorization for Use of Military Force.
9 (2) Trial under chapter 47A of title 10, United
10 States Code (as amended by the Military Commis11
sions Act of 2009 (title XVIII of Public Law 111–
12 84)).
13 (3) Transfer for trial by an alternative court or
14 competent tribunal having lawful jurisdiction.
15 (4) Transfer to the custody or control of the
16 person’s country of origin, any other foreign coun17
try, or any other foreign entity.
18 (d) CONSTRUCTION.—Nothing in this section is in19
tended to limit or expand the authority of the President
20 or the scope of the Authorization for Use of Military
21 Force.
22 (e) REQUIREMENT FOR BRIEFINGS OF CONGRESS.—
23 The Secretary of Defense shall regularly brief Congress
24 regarding the application of the authority described in this
25 section, including the organizations, entities, and individ-
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361
•S 1867 PCS
1 uals considered to be ‘‘covered persons’’ for purposes of
2 subsection (b)(2).

(sec 1032 exempts US citizens but The above sec 1031 DOES NOT!!!)


3 SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.
4 (a) CUSTODY PENDING DISPOSITION UNDER LAW OF
5 WAR.—
6 (1) IN GENERAL.—Except as provided in para7
graph (4), the Armed Forces of the United States
8 shall hold a person described in paragraph (2) who
9 is captured in the course of hostilities authorized by
10 the Authorization for Use of Military Force (Public
11 Law 107–40) in military custody pending disposition
12 under the law of war.
13 (2) COVERED PERSONS.—The requirement in
14 paragraph (1) shall apply to any person whose de15
tention is authorized under section 1031 who is de16
termined—
17 (A) to be a member of, or part of, al-
18 Qaeda or an associated force that acts in co19
ordination with or pursuant to the direction of
20 al-Qaeda; and
21 (B) to have participated in the course of
22 planning or carrying out an attack or attempted
23 attack against the United States or its coalition
24 partners.
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362
•S 1867 PCS
1 (3) DISPOSITION UNDER LAW OF WAR.—For
2 purposes of this subsection, the disposition of a per3
son under the law of war has the meaning given in
4 section 1031(c), except that no transfer otherwise
5 described in paragraph (4) of that section shall be
6 made unless consistent with the requirements of sec7
tion 1033.
8 (4) WAIVER FOR NATIONAL SECURITY.—The
9 Secretary of Defense may, in consultation with the
10 Secretary of State and the Director of National In11
telligence, waive the requirement of paragraph (1) if
12 the Secretary submits to Congress a certification in
13 writing that such a waiver is in the national security
14 interests of the United States.
15 (b) APPLICABILITY TO UNITED STATES CITIZENS
16 AND LAWFUL RESIDENT ALIENS.—
17 (1) UNITED STATES CITIZENS.—The require18
ment to detain a person in military custody under
19 this section does not extend to citizens of the United
20 States.
21 (2) LAWFUL RESIDENT ALIENS.—The require22
ment to detain a person in military custody under
23 this section does not extend to a lawful resident
24 alien of the United States on the basis of conduct
25 taking place within the United States, except to the
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363
•S 1867 PCS
1 extent permitted by the Constitution of the United
2 States.
3 (c) IMPLEMENTATION PROCEDURES.—
4 (1) IN GENERAL.—Not later than 60 days after
5 the date of the enactment of this Act, the President
6 shall issue, and submit to Congress, procedures for
7 implementing this section.
8 (2) ELEMENTS.—The procedures for imple9
menting this section shall include, but not be limited
10 to, procedures as follows:
11 (A) Procedures designating the persons au12
thorized to make determinations under sub13
section (a)(2) and the process by which such
14 determinations are to be made.
15 (B) Procedures providing that the require16
ment for military custody under subsection
17 (a)(1) does not require the interruption of ongo18
ing surveillance or intelligence gathering with
19 regard to persons not already in the custody or
20 control of the United States.
21 (C) Procedures providing that a determina22
tion under subsection (a)(2) is not required to
23 be implemented until after the conclusion of an
24 interrogation session which is ongoing at the
25 time the determination is made and does not
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364
•S




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National Defense Act Will Nullify The Bill Of Rights

The bill codify into law the indefinite detention without trial of American citizens.

Mainstream news outlets like The Hill, as well as neo-con blogs like Red State, are still pretending the indefinite detention provision doesn’t apply to American citizens, even though three of the bill’s primary sponsors, Senator Carl Levin, Senator John McCain, and Senator Lindsey Graham, said it does during speeches on the Senate floor.

Sen Comrad Carl Levin said last week, it was the White House itself that demanded Section 1031 apply to American citizens.

“The language which precluded the application of Section 1031 to American citizens was in the bill that we originally approved…and the administration asked us to remove the language which says that U.S. citizens and lawful residents would not be subject to this section,” said Levin, Chairman of the Armed Services Committee.

Senator McCain also told Rand Paul during a hearing on the bill that American citizens could be declared an enemy combatant, sent to Guantanamo Bay and detained indefinitely,

“no matter who they are.”

Inside the 682 pages of the, National Defense Authorization Act for Fiscal Year 2012 (NDAA), the Bill under the title 'Detainee Matters' in section 1031 and 1032, Congress has essentially given the Department of Defense the explicit power to take civilians into military custody and to indefinitely detain people suspected of terrorism activities with no charges or trial.

Codifying indefinite military detention into law is one of the most egregious developments since the passage of the PATRIOT Act in 2001.

A close read of the relevant sections means that all control would be taken out of the hands of civilian-controlled judicial system, and placed into the secretive and unaccountable domains of the American military.

(This in effect is a military take over of the judicial system. Martial Law has been legialized by this bill.) story Reports

Until now, the Department of Justice, the state and local law enforcement agencies have had the primary responsibility and the appropriate training to enforce anti-terrorism laws within the United States. The NDAA would, in the case of many civilian suspects, remove these entities from the process of investigation, arrest, criminal prosecution, and imprisonment and cede such powers over to the military.

Section 1031 of S. 1253 would be the first time in more than 60 years that our so-called representatives in Washington would allow indefinite detention of American citizens, with no charges or trial without Congressional authorization.

The US Senate has thus acted to render irrelevant the essence of our legal and judicial foundation: habeas corpus. According to Article I of the Constitution, it is a judicial mandate that requires that a prisoner be brought before the court to determine whether the government has the right to continue detaining them. The individual being held or their representative can petition the court for such a writ.

The current Senate bill has in effect endorsed the notion that the government can do whatever it likes to any citizen, it merely suspects individuals of being involved in terrorism. And since the so-called war on terrorism is an open-ended war and knows no geographical demarcations, the entire framework of the constitution could disappear through a sinkhole.

Do not be surprised when a terrorist attack is committed or is imminent, our government would authorize soldiers to break into our homes undeterred, round up any citizens the government deems suspicious, and deny them any recourse. We used to condemn countries for engaging in these practices against their own citizens. And now here we are doing it in these United States.

In section 1031(b) (2), there is not a requirement for a civilian judge to issue a warrant. So it appears this legislation directly violates the Fourth Amendment of the Constitution with regard to those rights which are inalienable, according to the Declaration of Independence, and should be inviolate as your birthright as an American citizen.

Also, despite the Sixth Amendment's guarantee of a right to trial, the Senate bill would let the government lock up any citizen it swears is a terrorist, without the burden of proving its case to an independent judge, and for the lifespan of an amorphous war that conceivably will never end.

Don’t be confused by anyone claiming that the indefinite detention legislation does not apply to American citizens. It does. There is an exemption for American citizens from the mandatory detention requirement (section 1032 of the bill), but no exemption for American citizens from the authorization to use the military to indefinitely detain people without charge or trial (section 1031 of the bill).

So, the result is that, under the bill, the military has the power to indefinitely imprison American citizens, but it does not have to use its power unless ordered to do so.

Under questioning from Rand Paul, another co-sponsor – John McCain – said that Americans suspected of terrorism could not only be indefinitely detained, but could be sent to Guantanamo:

The Indefinite Detention Bill DOES Apply to American Citizens on U.S. Soil

A National Defense Act or how to undermine the US Constitution?

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(Who is responsible for America being changed into a police state? The congress who crafted the defense act of 2012 and obama.

Who is responsible for their own personal self defense? You and me.

This unconstitutional law allows the military to act like the nazi gestopo.

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The Nazi Police State was to ensure that everybody did as they were told - or paid the price. The Nazi Police were controlled by Heinrich Himmler and his feared secret police - the Gestapo - did as it pleased in Nazi Germany.

A substantial number of Germans did not support Hitler and the Nazis. These people were likely to be a constant thorn for Hitler unless they were dealt with. For these people, the Nazis developed a policy of intimidation. Fear became a by-word for those who did not support Hitler. The wrong comment overheard by a Nazi official could have very serious consequences.

Hitler’s police state worked on the rule that if you said nothing, no harm, could come to you. If you had doubts about the way the country was going, you kept them to yourself - or paid the price. As nearly 17 million people had not voted for either the Nazis or the Nationalist in March 1933, a large and visible police force was required to keep this sizeable group under observation and control.

(The defense authorization act allows a large and visible force, US military, to keep US citizens under obervation and control just like hitler's gestapo did in germany. ) Story Reports

In Nazi Germany the police were allowed to arrest people on suspicion that they were about to do wrong. This gave the police huge powers.

(The defense authorization act allows Americans to be arrested on SUSPICION that they are about to perform a terrorist act! This is EXACTLY the same thing that the nazis did in germany! There is NO difference!) Story Reports

All local police units had to draw up a list of people in their locality who might be suspected of being "Enemies of the State". This list was given to the Gestapo - the Secret Police. The Gestapo had the power to do as it liked. Its leader - Reinhard Heydrich - was one of the most feared man in Nazi Germany. His immediate chief was Heinrich Himmler. Both men ran their respective branches with ruthless efficiency.

Those arrested by either the police or the Gestapo had less than three minutes to pack clothing and say their goodbyes. Once arrested, they were sent to the nearest police cell. Those in custody were told to sign Form D-11; this was an "Order For Protective Custody". By signing this, you agreed to go to prison.

Those who did not sign it were beaten until they did or officers simply forged their signature. Once a D-11 was signed, you were sent to a concentration camp. How long you stayed here depended on the authorities. The usual rule of thumb was whether it was felt that you had learned your lesson (even if there had not been one to learn) and would behave in an acceptable manner once outside of prison.

The concentration camps were deliberately barbaric. Before 1939, deaths in them occurred but they were not common. The idea was that anybody who had been in one, once released, would ‘advertise’ the fact that they were not places where people wanted to go. This was another way of ensuring that people kept their ideas to themselves.

The concentration camps were run by men who could disguise their violent nature simply because they wore a uniform.

The Nazi Police State

(Wearing a uniform and being in the US military does not allow any military man or woman to follow an unlawful order. Congress and obama will give the US military and UNLAWFUL order to arrest and detain Americans on the mere SUSPICIAN of "terrorisim" or anything else this unconstitutional law allows!) Story Reports

Who would get arrested?

The list was intentionally expansive. Anybody considered to be a political threat was arrested;

National Defense Authorization Act for Fiscal Year 2012

(I talked with an army first sgt today. I told him about this bill and what it would do. His answer was only terrorists would be arrested and they should be. He said if an American citizen is arrested because of suspected terrorism related acts he should be. He was speaking of any an all Americans.

I told him this bill is unconstitutional because it does not allow any court to review what the government does. I told him that he could be arrested simply because the military wants to arrest him. I said this kills the bill of rights for all Ameicans.

The army first sgt response was that I was full of sh-t because I though the US government and military would arrest anybody but a terrorist.

This is the mind of one army military person. Ignorance and stupidity.

Because of this man's willful ignorance of the Constitution and law he has sworn to uphold we as Americans are at risk of being arrested by military people like him who fully and totally trust the government without reserve.

He if asked will act just like the nazi gestapo police to dutifully arrest and detain any INNOCENT American.)
Story Reports

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