Analysis of Indefinite Detention Language of the National Defense Authorization Act

The Senate this week took up enactment of S.1867, a law that would permit the military to arrest and indefinitely detain U.S. Citizens, on U.S. soil, who are suspected of "terrorism." The offensive provisions of the Senate Bill are located in Sections 1031 and 1032. See Detainment Provisions, S. 1867: National Defense Authorization Act for Fiscal Year 2012.

Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

Section 1031(a) (emphasis added). The emphasized section indicates that the President can avoid the Due Process provisions of the U.S. Constitution when detaining a "covered person."

The term "covered person" is broadly defined by the Bill. It includes "any person who has committed a belligerent act . . . ." See Section 1031(b)(2).

Once the President decides (unilaterally with no right to challenge his determination) a person is "covered,", then the law allows several options including:

The disposition of a person under the law of war as described in subsection (a) may include the following:
(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).

See Section 1031(c). These provisions mean that a person designated as a "covered person" may be arrested and denied habeas corpus and jury trial. The person can be sent to places like GitMo and held until the end of "the war on terror." .

The Bill appears to make an exception for U.S. Citizens:

The requirement to detain a person in military custody under this section does not extend to citizens of the United States

. See Section 1032(b). The language of the exception quoted above is being used to argue to that the detention provisions of Section 1031 do not apply to U.S. Citizens. However, the Bill is quite explicit in that it limits the U.S. Citizen exception to Section 1032. The Executive Branch may use the detention provisions of Section 1031 against anyone.

Senator Udall submitted an amendment to the Bill to add the exception language to Section 1031.

Extension to United States Citizens and Lawful Resident Aliens.--The authority of the Armed Forces of the United States to detain covered persons under this section extends to citizens of the United States and lawful resident aliens of the United States, except to the extent prohibited by the Constitution of the United States.

See Udall Amendment.

Yesterday, the Senate voted against the Udall Amendment 60-38. Both South Carolina Senators DeMint and Graham voted in favor of allowing the President to arrest American Citizens and detain them indefinitely with no exception. Kentucky Senator Rand Paul voted for the Udall Amendment, but he was way outvoted and Udall's amendment was killed.

Notify your Senators and let them know you are appalled by their votes to destroy our Constitutional liberties.

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Justin King Video About Victory and 10-2 Regular Season

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Introduction to Agenda 21, the Attack on American Liberty

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Nullification Movie Trailer

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Political Prosecution of Agent Diaz Reveals Danger of Patriot Act Authorities

The Obama Administration's political prosecution of Border Agent Jesus Diaz, Jr., demonstrates the grave danger of trusting Holder's Justice Department with the broad authorities to conduct secret surveillance on U.S. citizens it considers "terrorists."

The Patriot Act gives the Obama federal agencies broad authority to conduct surveillance on U.S. Citizens. Do we really want to trust the Holder Justice Department with such authority considering the political prosecution of Agent Diaz?

Agent Jesus Diaz, Jr., was charged with roughing up a drug dealer carrying 75 pounds of marijuana across the U.S. Border. Diaz picked up the suspect by his handcuffs after arresting him.

After Diaz was twice cleared by investigators of wrongdoing, the Holder Justice Department prosecuted him in two trials in federal court. Diaz was ultimately convicted and sentenced to two years for violating the constitutional rights of an illegal alien and drug smuggler. The trials have been called a "Kangaroo Court." See FREE AGENT DIAZ TRIAL TRANSCRIPTS

After obtaining the conviction, the Holder Justice department calculated the debts associated with the two trials, and ordered Diaz to reimburse the government for its costs.

Now it turns out that the prosecution of Diaz was likely instigated by the Mexican government. Members of Congress have written to President Obama for answers that were not forthcoming from Eric Holder.

Congress asks the President to respond to the decision making involved in prosecuting an agent cleared by two investigations, and to the allegation the prosecution was "instigated by the Mexican government." The government's key witness, the drug smuggler and illegal alien arrested by Diaz, was given a Visa and full immunity from the drug smuggling charge.

A citizen's group, is asking people to sign a Petition asking President Obama to grant a full pardon to Agent Diaz. More information is available at FreeAgentDiaz.com

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Bachmann Campaign Worker Dean Allen Will Bring Motion to Censure Ron Paul Followers

In an angrily worded letter to the South Carolina GOP Chairman Chad Connelly, Dean Allen, a Greenville County GOP delegate and the Team Bachmann Grassroots Coordinator for Greenville County, promised to "bring a motion to censure the Ron Paul supporters before the next Greenville County Executive Committee meeting . . . ."


The proper response to this are two fold. First, any censure motion directed at Ron Paul supporters in general is flawed because it constitutes stereotyping.  If one person misbehaved, then that does not justify labeling all followers with a censure motion. Censure should be reserved for specific misconduct and not directed at a group because you disagree with their advocacy of the Constitution.


Second, Ron Paul was also booed at the CNN debate.  That booing seemed to come from supporters of Rick Santorum at a previous debate.  Therefore, to be fair, the motion must be amended to include supporters of Rick Santorum for the same alleged bad behavior.


Alternatively, the motion should be amended to delete the reference to Ron Paul supporters and to instead censure rude and abusive behavior. 

In any case, the Greenville County Executive Committee meetings are public.  We must turn out as many Ron Paul people as possible to witness Dean Allen's attempt to smear Ron Paul's people in general.  

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How International Bankers Wrecked Greece

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The Compromise of the Organic Foods Industry

Big Agra is busy taking over as many organic food companies as possible.  The chart below shows some of the organic companies that have been acquired by the big food companies:

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Gamecock Keys to the Arkansas Game

Establish Ball Control Rushing Offense

Arkansas has a great offense. They are second in the SEC in total offense averaging 452.88 yards per game. (See NCAA Conference Stats Here.)

Arkansas is going to score if given an opportunity. Therefore, the best defense is a good offense. That is the Gamecocks must establish a ball control rushing game to keep the Arkansas offense off the field, take the rowdy evening crowd from the game, and to wear down the Arkansas defense.

It might seem difficult to believe due to the Lattimore knee injury, but the Gamecocks are still second in the SEC in rushing. Arkansas is 10th in rushing defense.

Play A Tough Physical Game Against Arkansas Receivers in the Secondary

Arkansas is 2d in the SEC in offensive passing efficiency. The gamecocks are second in pass defense.

Considering how the Gamecocks started the season against ECU and UGA, that is a pretty good statistic. It means that the defensive secondary has been playing much better lately. If you have watched, the difference is the physicality of the Gamecock DBs. Maybe it is a function of expanding depth, but the Gamecock defensive backs have been knocking receivers off their routes, and fighting them tooth and nail for the ball when it is delivered. It has shown up in an SEC leading 16 pass interceptions.

Establish Pressure on QB

The Gamecocks are averaging just two sacks per game, which assigns them to SEC mediocrity (6th). Considering the defensive line, that might seem disappointing. However, the statistic does not account for the hurries and pressures, nor the fact opposing teams are trying quick passing attacks to neutralize the Gamecock DL.

The Arkansas passing attack is a system that often takes times. It is imperative that the Gamecock DL put pressure on the Arkansas QB to disrupt the timing.

Score on Defense

The Gamecocks defense has been instrumental in winning games by scoring on defense. Against a good team like Arkansas, a defensive score may be needed to seal the deal.

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