Most Popular Choices
Share on Facebook 33 Printer Friendly Page More Sharing
OpEdNews Op Eds    H2'ed 12/30/11

Combating the Distortions Over NDAA Military Detentions, Does This Mean You? You'd Better Believe It

By       (Page 1 of 2 pages)   4 comments
Follow Me on Twitter     Message Ralph Lopez
Become a Fan
  (12 fans)

Perhaps the only thing more worrisome than the recently passed NDAA provisions for the indefinite military detention of American citizens is the extent and sophistication of the efforts to distort their true meaning in order to lead people to believe that American citizens are excluded.  Rep. Justin Amash took a rare bare-knuckled swipe in this most collegial of institutions to say that the NDAA was "carefully crafted to mislead the public."

That's the equivalent of calling some pretty powerful people whom you work with liars, on whose good graces passing your legislation may depend.  It's not done in this place unless it is something you feel very strongly about.  

The deceptions in the language of the NDAA, intended to allow defenders to argue that the provisions do not apply to American citizens, center around Sections 1021 and 1022.  Section 1021 says in substance:

"Congress affirms that the authority of the President to use all necessary and appropriate force ...to detain...A person who was a part of or substantially supported al-Qaeda...or associated forces...including any person who has...directly supported such hostilities in aid of such enemy forces...The disposition of a person...may include...Detention under the law of war...without trial until the end of the hostilities..."

This is how a court must read it when the words are parred down to their true meaning, without inoperative subordinate clauses.  You can see the full text below.  This is taken straight from the final House-Senate Conference Committee report (HR 1540 Conference), which is the language that was passed by the Senate after being passed by the House, on Dec. 15, Bill of Rights Day in an 86 - 14 vote of the Senate which sent it to the president's desk.

20 SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED
21 FORCES OF THE UNITED STATES TO DETAIN
22 COVERED PERSONS PURSUANT TO THE AU-
23 THORIZATION FOR USE OF MILITARY FORCE.

24 (a) IN GENERAL.--Congress affirms that the author-
25 ity of the President to use all necessary and appropriate
1 force
pursuant to the Authorization for Use of Military
2 Force (Public Law 107--40; 50 U.S.C. 1541 note) includes
3 the authority for the Armed Forces of the United States
4 to detain covered persons (as defined in subsection (b))
5 pending disposition under the law of war.

6 (b) COVERED PERSONS.--A covered person under
7 this section is any person as follows:

8 (1) A person who planned, authorized, com-
9 mitted, or aided the terrorist attacks that occurred
10 on September 11, 2001, or harbored those respon-
11 sible for those attacks.

12 (2) A person who was a part of or substantially
13 supported al-Qaeda,
the Taliban, or associated forces
14 that are engaged in hostilities against the United
15 States or its coalition partners, including any person
16 who has
committed a belligerent act or has directly
17 supported such hostilities in aid of such enemy
18 forces.

19 (c) DISPOSITION UNDER LAW OF WAR.--The dis-
20 position of a person
under the law of war as described
21 in subsection (a) may include the following:

22 (1) Detention under the law of war without
23 trial until the end of the hostilities
authorized by the
24 Authorization for Use of Military Force.

Rep. Tom McClintock opposed the bill on the House floor saying it:

specifically affirms that the President has the authority to deny due process to any American it charges with "substantially supporting al Qaeda, the Taliban or any "associated forces'" -- whatever that means.

Would "substantial support" of an "associated force," mean linking a web-site to a web-site that links to a web-site affiliated with al-Qaeda? We don't know.

"Substantial support" of an "associated force" may imply citizens engaged in innocuous, First Amendment activities.  Direct support of such hostilities in aid of enemy forces may be construed as free speech opposition to U.S. government policies, aid to civilians, or acts of civil disobedience.

Next Page  1  |  2

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

Must Read 4   Well Said 4   Supported 3  
Rate It | View Ratings

Ralph Lopez Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linked In Page       Instagram page url on login Profile not filled in

Ralph Lopez majored in Economics and Political Science at Yale University. He writes for Truth Out, Alternet, Consortium News, Op-Ed News, and other Internet media. He reported from Afghanistan in 2009 and produced a short documentary film on (more...)
 

Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines

 
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Wikileaks Soldier Reveals Orders for "360 Rotational Fire" Against Civilians in Iraq

Why Obama Will Not Veto NDAA Military Detention of Americans: He Requested It.

McChrystal Trying to Tell Us Something? "We're F%^*king Losing This Thing"

BoA Dumps $75 Trillion In Derivatives On Taxpayers, Super Committee Looks Away. Seize BoA Now.

Obama Lied: Taliban Did Not Refuse to Hand Over Bin Laden

Arrests at White House Over NDAA Military Detention of Americans, Occupy Wall Street Joins Fight.

To View Comments or Join the Conversation:

Tell A Friend