The Indefinite Detention Provisions in the NDAA Does Mean U.S. Citizens May be Detained Indefinitely by the Military. Obama Has Withdrawn Veto Threat So There Goes the 4th Amendment
Even at this 11th hour – when all of our liberties and freedom are about to go down the drain – many people still don’t understand that the indefinite detention bill passed by Congress allows indefinite detention of Americans on American soil.One of the reasons this will pass is that most people are more concerned about their holiday shopping than they are about the Constitution and their rights being trampled. people think the military and the government will not come after them by mistake. It will only happen to the bad guys. Its the government by luck theory of rights.
The bill is confusing. As Wired noted on December 1st:
It’s confusing, because two different sections of the bill seem to contradict each other, but in the judgment of the University of Texas’ Robert Chesney — a nonpartisan authority on military detention — “U.S. citizens are included in the grant of detention authority.”
A retired admiral, Judge Advocate General and Dean Emeritus of the University of New Hampshire School of Law also says that it applies to American citizens on American soil.
The ACLU notes:
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.
But you don’t have to believe us. Instead, read what one of the bill’s sponsors, Sen. Lindsey Graham said about it on the Senate floor: “1031, the statement of authority to detain, does apply to American citizens and it designates the world as the battlefield, including the homeland.”
Another sponsor of the bill – Senator Levin – has also repeatedly said that the bill applies to American citizens on American soil, citing the Supreme Court case of Hamdi which ruled that American citizens can be treated as enemy combatants:
“The Supreme Court has recently ruled there is no bar to the United States holding one of its own citizens as an enemy combatant,” said Levin. “This is the Supreme Court speaking.“
Levin again stressed recently that the bill applies to American citizens, and said that it was president Obama who requested that it 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:
U.S. Congressman Justin Amash states in a letter to Congress:
The Senate’s [bill] does not even distinguish between American citizens and non-citizens, or between persons caught domestically and abroad. The President’s power, in his discretion, to detain persons he determines have supported associated forces applies just as strongly to Americans seized on U.S. soil as it does to foreigners captured on a far away battlefield.
Two retired 4-star generals (Charles C. Krulak and Joseph P. Hoar) write in the New York Times:
One provision [in the bill] would authorize the military to indefinitely detain without charge people suspected of involvement with terrorism, including United States citizens apprehended on American soil. Due process would be a thing of the past.
Colonel Lawrence Wilkerson – General Colin Powell’s chief of staff – says that the bill is a big step towards tyranny at home. Congressman Ron Paul says that it will establish martial law in America.
