2013 version of NDAA makes it even easier to indefinitely detain Americans without charge or trial

By End the Lie

Unfortunately, it looks like the National Defense Authorization Act (NDAA) for Fiscal Year 2013 makes it even easier for the U.S. government to indefinitely detain American citizens without charge or trial.

Despite the many claims that Americans in fact could not be indefinitely detained under the 2012 version of the NDAA, a federal judge stated in court that Americans could be held indefinitely under the act earlier this year and ruled the provisions unconstitutional, a ruling which was quickly reversed by a judge appointed by Obama.

Some news outlets were falsely reporting that the new NDAA actually did more to protect the rights of Americans, but upon further scrutiny, they retracted the statements and indeed concluded that the new NDAA makes it easier for the government to detain U.S. citizens indefinitely.

The misleading passage, found in Section 1033, states:

Nothing in the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) or the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) shall be construed to deny the availability of the writ of habeas corpus or to deny any Constitutional rights in a court ordained or established by or under Article III of the Constitution for any person who is lawfully in the United States when detained pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) and who is otherwise entitled to the availability of such writ or such rights.

Attorney Bruce Afran, one of the attorneys representing the activists and journalists who sued the Obama administration over the indefinite detention provisions in the 2012 NDAA, clarified the language to Business Insider.

Afran said that although indeed the provision gives U.S. citizens a right to a civilian trial (Article III) based on “any [applicable] constitutional rights,” there are no rules in place to actually exercise this right which means that detained Americans actually have no way to get access to lawyers, their family or even the court itself once they are detained by the military.

Afran also pointed out that the new NDAA goes beyond the previous version currently in place.

“The new statute actually states that persons lawfully in the U.S. can be detained under the Authorization for the Use of Military Force [AUMF]. The original (the statute we are fighting in court) never went that far,” said Afran.

“Therefore, under the guise of supposedly adding protection to Americans, the new statute actually expands the AUMF to civilians in the U.S.,” Afran added.

“The biggest thing about the [2012] NDAA was that you weren’t getting a trial … Nothing in here says that you’ll make it to an Article III court so it literally does nothing,” said Dan Johnson, the founder of People Against the NDAA (PANDA), to Business Insider. “It’s a bunch of words, basically.”

In an attempt to preempt some of the attempts to defend the NDAA, I might point out sub-section c of Section 1033 of the 2013 NDAA which states:

(c) Habeas Applications- A person who is lawfully in the United States when detained pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) shall be allowed to file an application for habeas corpus relief in an appropriate district court not later than 30 days after the date on which such person is placed in military custody.

While this sounds grand, it means absolutely nothing. Being “allowed to file an application for habeas corpus relief in an appropriate district court not later than 30 days after the date on which such person is placed in military custody” does nothing in and of itself.

The “appropriate district court” is in no way obligated to grant the application and if the way the judicial system has treated the horrifically unconstitutional indefinite detention provisions of the NDAA in the recent past is any indicator, I think it is safe to say that they will reject such applications.

According to Afran, the crux of the issue is that the NDAA “is still unconstitutional because it allows citizens or persons in the U.S. to be held in military custody, a position that the Supreme Court has repeatedly held is unconstitutional.”

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10 Responses to 2013 version of NDAA makes it even easier to indefinitely detain Americans without charge or trial

  1. End time servant November 29, 2012 at 6:48 PM

    Good reporting the sheeple I know just look at me like I am from outer space and this nada is a joke not for them the sheeple are really going to have a wake up call when the big A arrives very soon then all out hell going to brake loose

    Reply
  2. Nora November 29, 2012 at 8:50 PM

    Why is it so hard to get these facts across to people? Our country has been hijacked by communists in the United Nations neocon ruling elite organization. It’s time to nullify our criminal, illegitimate government, impeach that murderer Osama Bin Bama, and take our country back. The United Nations members are openly Satanists. Membership requires an oath to Satan. (You can look that up, it’s true) Why do you think the Bible is disappearing, Christians are being murdered, and all reference to God has been removed from government offices? Earth belongs to Satan, if we let it happen. Our country must return to being a Godly nation that protects the freedoms and liberties with constitutional force.

    Reply
  3. Pingback: NDAA Says Americans Can Be Detained Indefinitely – Business Insider

  4. Greg Burton November 30, 2012 at 9:11 AM

    It is a foregone conclusion that those of us who have questioned the official version of 9/11, the so-called “war on terror”, the pretext it provides for shredding the rights of US citizens, the invasion and occupation of Iraq and Afghanistan, the serial wars of pillage, will face arrest, detained without charge or trial via the NDAA. Ultimately, the US government (Israel) will either have to bring those who oppose the US police states to trial, or do what the has been done so many times before, in places like Latin America and the developing world: disappear those who were fighting fascist regimes.

    To stop that from happening, we need to educate people within the intelligence, police communities, US citizens (the 99%) that we need to investigate:

    1. the real perpetrators involved in the terrorist attacks of 9/11, London 7/7 and other contrived “strategy of tension” terror attacks designed to instill fear and provide the pretext for the police state;
    2. those who committed crimes that enabled the Bush administration to prevent gathering evidence, from the EPA clearing the air in Manhattan, to removing the steel from the WTC without forensic tests.
    3. who are connected to the MSM “usual suspects” who continue to fan the flames of the so-called “war on terror”, the Muslim boogie-man (destroy Palestine) agenda;
    4. who are part of the same groups of allied individuals who continue to contrive intelligence on the “war on terror”;
    5. who are part of the same criminal groups pillaging the tax-payers, profiting from the “war on terror”;
    6. who are part of the the same group of fraudsters using DHS grants to spy on and criminalize those opposed to them;
    7. who are connected to the corrupt politicians who propose, advocate legislation criminalizing the freedoms necessary to determine the identities of this same oligarchic clique now pillaging the world one nation state at a time, and transforming the world into a global gulag.

    So, instead of detaining those patriots protesting the US government (Israel) post 9/11 policies and crimes; Why don’t we just identify the individuals within these groups, and throw these people in jail?

    Reply
    • Anonymous December 2, 2012 at 2:32 PM

      because its all rigged

      Reply
  5. Pingback: 2013 NDAA Expands Power of Military to Detain Citizens

  6. Anonymous December 2, 2012 at 2:32 PM

    america is dead. RIP

    Reply
  7. Revel December 6, 2012 at 10:11 AM

    Greg says

    “So, instead of detaining those patriots protesting the US government post 9/11 policies and crimes; Why don’t we just identify the individuals within these groups, and throw these people in jaill?”

    How do we know that won’t happen?

    “Corporations are people, my friend”
    think about it. do bush / cheney deserve a trial? I think not!
    think sbout

    Reply
  8. Pingback: 2013 Version of NDAA: Easier to Indefinitely Detain Americans Without Charge Or Trial

  9. Truth December 10, 2012 at 12:12 PM

    Opinion, conjecture, comment….
    all we want to. But what really matters in all of this life,
    is it not the truth of what is and the purpose therein?
    If not this… then all else means nothing no matter what.
    Right?
    So what is it then ?
    No matter who in any event in life, will find themself knowing the answer, when the revelation comes to them in the form of the pain. Which is imminent to the created being that has been separated from the purpose of it’s existence.
    And rightfully so, as this is the love our creator has given us.
    Not being wiling to exist without us sharing it with Him.
    I don’t believe that there is even one human being that has not known the reality of God within themself at some point in life.
    He’s the creator of it entirely and can not deny His own existence.
    Nor can we deny our own without believing a lie.
    You disagree? Go get a hatchet and chop off your leg. There’s your proof. And mine.

    I know that there are others that are able to understand what I am saying on this level. It would be sweet to talk with them in this final hour.

    Live ready !

    Jcnme

    Reply

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