S.1253 will allow indefinite military detention of American civilians without charge or trial

By End the Lie

Will we allow horrors like this to happen to Americans in the United States?

A sinister bill has quietly been introduced, so expansive in scope and dangerous in nature that it makes the PATRIOT Act look like the Bill of Rights.

This bill, the National Defense Authorization Act (NDAA) for Fiscal Year 2012, or S.1253, has received tragically sparse coverage and I must admit that I was not aware of it until a reader emailed me about it.

The new version of the bill, S. 1867 was introduced on the 15th of this month, also by Senator Carl Levin.

If you think the PATRIOT Act is bad, just wait until you check out sections 1031, 1032, 1033, and 1036 of this horrific bill.

The American Civil Liberties Union (ACLU) wrote a letter to the Senate Judiciary Committee on July 1st of this year, addressed to the Chairman of the Committee, the “Honorable” Patrick Leahy, and Ranking Member of the Committee, the “Honorable” Charles Grassley which strongly decried the bill.

The title of the four page letter itself reveals the truly dangerous nature of this legislation, “Judiciary Committee Should Assert Its Jurisdiction Over Those Aspects of the Detention Authority Provisions in S.1253, the National Defense Authorization Act for Fiscal Year 2012 (Sections 1031, 1032, and 1036), That Affect Civilians Who Are Otherwise Outside of Military Control, Including Civilians Within the United States Itself.”

If these provisions are enacted, it would give the federal government the explicit power to imprison civilians, including American citizens, indefinitely with no charges or trial.

This would include individuals apprehended both inside and outside of the United States, meaning that this could give the federal government the ability to openly detain American citizens for their entire lives without so much as a single charge.

While the federal government already murders American citizens abroad based upon the decision of an unlegislated secret death panel within the National Security Council, this would be the first time since 1950 that Congress has explicitly authorized indefinite detention of Americans without charges or a trial.

This provision includes people who had absolutely no role in the attacks of September 11th, 2001, or any hostilities whatsoever and would mandate military detention of certain civilians.

This includes civilians arrested within the United States who would otherwise be outside of military control while also transferring all responsibilities to the Department of Defense.

Instead of the Department of Justice’s Criminal Division, National Security Division, or the United States Attorneys, the Federal Bureau of Investigation, the Bureau of Prisons, the Marshals Service and/or the state attorneys general handling the prosecutorial, investigative, law enforcement, penal and custodial authority, the Department of Defense would handle it all.

That means that all control would be taken out of the hands of civilians and put into the brutal grip of the American military, essentially this would mean a military takeover of our so-called justice system.

All they would have to do is classify you as a terrorist, no need for actual charges or participation in hostilities; you could be locked up indefinitely for any reason or no reason at all if the Department of Defense saw fit under this NDAA.

This is so fundamentally un-American, the ACLU can’t help but write that the provisions are “inconsistent with fundamental American values embodied in the Constitution and in the country’s adherence to the rule of law.”

These provisions of the NDAA are so radical that they actually remove much of the protections American citizens have had since 1878 under the Posse Comitatus Act and the Non-Detention Act of 1971.

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.

Since 1971 the Non-Detention Act has stipulated, “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress,” but S.1253 could make this a thing of the past.

The ACLU points out that while Subsection 1031(c) of S.1253 claims that it does not apply to lawful residents of the United States or citizens “on the basis of conduct taking place within the United States except to the extent permitted by the Constitution,” glaring loopholes remain.

If the government’s track record is any indicator, we can expect these loopholes to be exploited at every possible opportunity.

Just as the federal government has used the PATRIOT Act’s so-called “Sneak-and-Peek,” or delayed notice, warrants for over 1,600 drug cases and only 15 cases of terrorism in 2006-2009, we can expect the government to use S.1253 for detaining people for completely illegitimate reasons.

These loopholes allow suspects to be imprisoned without charge or trial, especially citizens or lawful residents who are suspected of some sort of wrongdoing outside of the United States.

The most unsettling aspect  is that the deciding factor in determining if an individual can be detained indefinitely is not any proof of guilt, but instead entirely by officials in the Executive Branch, which, according to the ACLU would be “following some future agency regulations.”

This, just like the unlegislated death panel that resulted in the killing of Anwar al-Awlaki and his 16-year-old son, leaves it up to the Executive without any guidelines whatsoever.

It is quite shocking how much the federal government is attempting to push us towards a dictatorship with no legal protection whatsoever from being locked up with no hope of a fair trial or even charges.

Indeed the legislation would allow American citizens to be imprisoned “until the end of hostilities” under 2001′s Authorization for Use of Military Force, or S.J. Res. 23.

Yet this represents no concrete time frame whatsoever and Section 1031 would allow American citizens and non-citizen civilians who had no role in 9/11 or any other hostilities whatsoever to be detained who would otherwise not be detainable under the laws of war.

Section 1032 puts civilians who would otherwise not be subject to military control into military detention, thus removing the protections of the Posse Comitatus act.

Like Section 1031, this would include indefinite imprisonment of civilians apprehended inside of the United States, Section 1032 does not authorize the military to detain civilians without charge or trial, it in fact it mandates it.

The protection against the government using the military for law enforcement activities within the United States under Posse Comitatus would be eliminated under Section 1032 and the ACLU points out that, “all state and federal law enforcement would be preempted by the military.”

Previously the state and local law enforcement agencies and the Department of Justice had the primary responsibility to enforce anti-terrorism laws within the United States.

The NDAA would, in the case of many civilian suspects, remove federal state and local law enforcement from the process of investigation, arrest, criminal prosecution and imprisonment and hand said powers over to the military.

The ACLU “strongly urges” the Senate’s Judiciary Committee to conduct hearings on sections 1031, 1032, and 1036 and assert their jurisdiction to mark up these sections before the NDAA makes it to the Senate floor.

They say that the Judiciary Committee should assert their jurisdiction over these provisions in order to prevent civilian law enforcement against civilians who would otherwise be out of the purview of the military to fall into the hands of the military.

The ACLU’s letter does not, however, cover Section 1033 which Human Rights Watch claims would apply to the many detainees already being held for years without trial who have been cleared for release.

In a form letter with the subject, “Stop Militarization of Law Enforcement” they write that Section 1033 would, “force the administration, for example, to continue to hold a Guantanamo detainee simply because they were from a country of an accused terrorist.”

I highly recommend that you send out this form letter along with a note written by yourself to all of your supposed representatives, along with as many phone calls as you can afford to make it clear that you do not support the United States being turned into a total militarized police state.

While we are already in dire straights in terms of civil rights in this country, codifying indefinite military detention into law is one of the most dangerous developments since the introduction of the PATRIOT Act.

If you even remotely care about the principles of freedom, liberty and justice which this nation is supposed to stand for, you will do us all a favor and stand up against this wholly unacceptable legislation that could represent the end of America as we know it.

UPDATE: I added this in the comment section but I am still getting emails about this. For clarification:

The most recent bill is S. 1867 not S.1253 This provision is not in the bill yet, but it is a proposed amendment.

SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY. (b) Applicability to United States Citizens and Lawful Resident Aliens- (1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States. (2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.

SA 1112. Mr. UDALL of Colorado submitted an amendment intended to be proposed by him to the bill S. 1867, to authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of section 1031, add the following:

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.

I found it in the Congressional record on page 14 which you can see here: http://www.gpo.gov/fdsys/pkg/CREC-2011-11-17/pdf/CREC-2011-11-17-pt1-PgS7716.pdf

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24 Responses to S.1253 will allow indefinite military detention of American civilians without charge or trial

  1. Anonymous November 26, 2011 at 7:43 AM

    First, I couldn’t find sec 1031 – it doesn’t seem to exist. Second 1032b states that this authority does not apply to US citizens.

    Reply
    • End the Lie November 26, 2011 at 7:58 AM

      I suggest you look again. Also please read the ACLU letter in order to better understand it.

      Claiming that it won’t be used on American citizens is like claiming the PATRIOT Act is only used for terrorism cases.

      Reply
  2. Anonymous November 26, 2011 at 9:34 AM

    Thanks for the information. I took a quick look at the current status of the Bill on Thomas (from the LOC) and found the following in the applicable subsections:

    SEC. 1031 (d) Constitutional Limitation on Applicability to United States Persons- The authority to detain a person under this section does not extend to the detention of citizens or lawful resident aliens of the United States on the basis of conduct taking place within the United States except to the extent permitted by the Constitution of the United States.

    SEC. 1032(b) Requirement Inapplicable to United States Citizens- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.

    I recommend that anyone who has an interest or concern over this Bill take a detailed read of the applicable subsections (1031, 1032, and 1036) and make a determination before becoming over-concerned about a potential non-issue when we have so many real and current threats to our liberties, like the Patriot Act and an Executive branch that has been usurped by globalist corporate interests.

    I don’t believe that the ACLU has made an accurate assessment in this particular instance. It might be a good idea to scrutinize the remainder of this Bill, however, just in case there is some misdirection taking place that focus’s attention away from other content within the Bill that is truly sinister.

    Reply
    • End the Lie November 26, 2011 at 9:41 AM

      Have you seen the proposed amendment? And remember how the PATRIOT Act wasn’t supposed to be used against American citizens either?

      I don’t think this is a non-issue given that it is likely going to be discussed next week and we can actually raise our voices to attempt to stop it. Unfortunately the PATRIOT Act is already in place and the Executive (and legislative and judicial, I might argue) branches are already rotten to the core.

      I try to find these things before they happen so we can do whatever we can to halt it. Even if this is only ever used on non-American citizens, is it really something you want your country to be doing? I sure don’t. If anything it will only make the rest of the world hate us that much more.

      I’m not a staunch supporter of the ACLU by any means so I don’t put myself behind their assessment 100% but I’m not a lawyer so I look to others with more expertise to help me with issues like this.

      I never advocate people live in fear so I hope you don’t mean by “becoming over-concerned” that I am saying people should be living in a state of fear due to this bill. It is in fact the opposite of what I stand for. I don’t know if that’s actually what you meant but I thought I’d just put that out there.

      Reply
      • End the Lie November 26, 2011 at 9:51 AM

        The most recent bill is S. 1867 not S. 1253 This provision is not in the bill yet, but it is a proposed amendment.

        SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY. (b) Applicability to United States Citizens and Lawful Resident Aliens- (1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States. (2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.

        SA 1112. Mr. UDALL of Colorado submitted an amendment intended to be proposed by him to the bill S. 1867, to authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

        At the end of section 1031, add the following:

        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.

        I found it in the Congressional record on page 14 which you can see here: http://www.gpo.gov/fdsys/pkg/CREC-2011-11-17/pdf/CREC-2011-11-17-pt1-PgS7716.pdf

        Reply
        • cook November 26, 2011 at 4:45 PM

          Your “link” goes to a 404 error. The actual text in S 1867 is as follows:

          “(1) UNITED STATES CITIZENS.—The require
          ment to detain a person in military custody under this section does not extend to citizens of the United States.”

          The same as in 1253.

          Reply
          • End the Lie November 26, 2011 at 7:09 PM

            Thanks for pointing that out I fixed the links and no it does not, please actually read the text. On page 14 you’ll find this:

            SA 1112. Mr. UDALL of Colorado submitted
            an amendment intended to be
            proposed by him to the bill S. 1867, to
            authorize appropriations for fiscal year
            2012 for military activities of the Department
            of Defense, for military construction,
            and for defense activities of
            the Department of Energy, to prescribe
            military personnel strengths for such
            fiscal year, and for other purposes;
            which was ordered to lie on the table;
            as follows:
            At the end of section 1031, add the following:
            (f) 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.

  3. Bruce November 26, 2011 at 10:30 AM

    time to load up your guns america , take out your president and shoot the fucker

    Reply
    • Anonymous November 28, 2011 at 6:16 PM

      that is some scary shit!
      i live in canada and this even scares me!
      also, our canadian government basically does whatever the usa tells it to do!
      so, it is not a stretch to see this being implemented on canadian citizens
      also, i am(was) a strong supporter of obama(even tho i cant vote there)…and as such a hardcore diehard liberal. but if this gets passed by the senate then obama will be merely proving himself a hand puppet of the military and corporate powers

      Reply
  4. Anonymous November 26, 2011 at 11:09 AM

    Section 1031.d of subtitle D: “Constitutional Limitation on Applicability to United States Persons- The authority to detain a person under this section does not extend to the detention of citizens or lawful resident aliens of the United States on the basis of conduct taking place within the United States except to the extent permitted by the Constitution of the United States.”

    Reply
  5. antonietta ferrari November 26, 2011 at 1:09 PM

    USA Has:
    Caused Drought – Now they have drought.
    Starved Millions – Now millions are starving.
    Caused Floods – Now they have floods.
    Destroyed Millions of Homes – Now Homes are being destroyed.
    Destroyed the Infra-structure
    of Many nations. – Now theirs are being destroyed.
    Killed Millions – Now they are being killed.
    Plundered Nations – Now they are being plundered.
    Tortured Millions – Yet to happen in a big way.
    Enslaved Millions – Yet to happen in a big way.
    God Is Not Mocked
    http://www.peterjamesx.com/docs/God%20Is%20Not%20Mocked.htm

    Reply
    • Anonymous November 27, 2011 at 3:48 PM

      that’s f’d up

      Reply
  6. Big M November 26, 2011 at 7:34 PM

    Let’s make something perfectly clear. Screw the CONstitution. It isn’t legally binding on ANYBODY. These bought and paid for Zionist enablers in DC (and in state legislatures) are NOT “representatives” of “the people.” They have NO legal or moral authority whatsoever. EVERYBODY, including these canaille in each and every state legislature, need to disown these scum forever. Every state in this “union” needs to go back to the Articles of Confederation and Perpetual Union, establish their own state banks, denounce and absolutely renounce and dissolve this “union” made in Hell, and go forward from there. It’s either that, or remove DC permanently from the face of the Earth.

    “Your call.”

    Reply
  7. amicusbriefs November 26, 2011 at 7:35 PM

    This is Congress’ attempt to circumvent growing Tenth Amendment and Sheriff’s resistance to Federal power abuse. As American resistance solidifies, more bills with greater tyranny will be authored, or already are written and waiting, as was PATRIOT.

    Reply
  8. Anonymous November 27, 2011 at 12:36 AM

    http://www.constitution.org/uslaw/16amjur2nd.htm

    Reply
  9. Anonymous November 27, 2011 at 1:21 AM

    All of this was prophetically detailed in William Coopers book “Behold a Pale Horse,” which I read the night before the OKC bombing, which was also predicted along with 9/11. Cooper was an ex-Special Ops member of the US military. After many attempts, he was finally assassinated by law enforcement some years ago.

    Our Constitution has been decimated and Cooper gives one the blueprint complete with Library of Congress references for Executive Orders and other legislative addenda that predate the current administration.

    Check it out. But be prepared to give your name and address to whatever sellar of the book. And this was true since its publication.

    Reply
  10. Anonymous November 27, 2011 at 11:15 AM

    Section 1031 subsection (d) Constitutional Limitation on Applicability to United States Persons- The authority to detain a person under this section does not extend to the detention of citizens or lawful resident aliens of the United States on the basis of conduct taking place within the United States except to the extent permitted by the Constitution of the United States.

    Reply
    • Anonymous November 27, 2011 at 11:32 AM

      Define the term “United States” as it applies to this legislation.

      Reply
      • Randy January 2, 2012 at 2:47 PM

        DC

        Reply
    • Anonymous December 1, 2011 at 12:45 PM

      Also, look at what the PATRIOT act allows them to do. They can disregard this statement while using the PATRIOT act on your ass.

      Reply
  11. Future human November 28, 2011 at 2:41 AM

    Criminal wardens, innocent prisoners. This is a law along the lines of the humorous joke that George W. Bush used to find entertaining, the plea “Please don’t kill me, please don’t kill me,” he really thought that was funny. You see how people can remain in defiance of the law and reason and what is right in the face of all eviidence, not me or any other citizen, but the ones proposing this law. This is just pure bully power defiance that flies in the face of any modicum or semblance of rationality or law. The law being proposed is based in pure nasty bad attitude. “Because we can,” or “Because we said so.”

    Reply
  12. Pingback: My News Summary – 29 Nov 2011 « Posts by Barrie

  13. janus November 28, 2011 at 6:20 PM

    Bible, Revelation 6:8: “And I looked, and behold a pale horse: and his name that sat on him was Death, and Hell followed with him….”

    Reply
  14. avocat italie December 25, 2011 at 7:30 PM

    What i don’t realize is actually how you are now not really much more smartly-preferred than you may be right now. You’re so intelligent. You already know thus considerably when it comes to this subject, made me personally consider it from numerous varied angles. Its like women and men are not interested unless it’s something to accomplish with Lady gaga! Your individual stuffs outstanding. At all times maintain it up!

    Reply

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