S.1867 is the end of America

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But I do agree with Dave's assesment that the definitions are far to loosely defined
And yet it's 1000 pages. Pretty much sums up what's so fucked up about Congress. Why be clear, specific and concise when you can write 1000 page bills that are far-reaching, vague, and more importantly confusing?
 
And yet it's 1000 pages. Pretty much sums up what's so fucked up about Congress. Why be clear, specific and concise when you can write 1000 page bills that are far-reaching, vague, and more importantly confusing?
Works for banks.
 
That's the rub. But keep in mind that this is merely a bill, and will be trumped by the constitution, bill of rights, and amendments. If this is used in opposition to the constitution then it will be overturned. So there will be some push and pull as cases are tried.
According to the OP content, they won't be tried. You can basically just be put in a box and forgotten about.
 
And yet it's 1000 pages. Pretty much sums up what's so fucked up about Congress. Why be clear, specific and concise when you can write 1000 page bills that are far-reaching, vague, and more importantly confusing?
It's what our process has become. They simply can't sit there and vote for the 2,000 items they need to pass, so they cram them all in one bill. A sub committee of members of congress from both parties put the bill together, then it gets sent to the floor and, for a bill this size, weeks and months of debate, amendments, etc occur. The same happens on a similar but not quite the same bill in the house. Then another committee is formed from both senate and house and they agree on the same set of amendments that makes the bill the same on both sides, then they pass it and it goes to the president.
No single senator is ever going to read and understand the full bill as it was submitted, nevermind the amendments. They use staffers to parse the language and point out anything that might be worth making a stink about. The majority of the bill (90% or so, perhaps) is simple housekeeping, and is generally ignored unless it can be used as a bargaining chip for something else. They fight like cats and dogs over the more precious bits - items that might be turned to their advantage in terms of industries in their states, or political advantage. They insert completely irrelevant stuff simply to get it passed.
This defense bill, for instance, modifies and funds, in part, the clean water act specifically for rural water systems. Why is it in the defense bill? Why not! Further, the President doesn't have line-item veto. He can veto the whole bill, or none of it. It's one of the checks and balances that gives congress real power - Yes, the president can vote against the rural water stuff, but then he also throws away his half trillion dollar military budget. It's an arm wrestling match, and he has to balance the whole against the minor irritations of the little things thrown into the pot along with it. Gumbo is great, but if the cook likes a bit of gristle in their gumbo, you might have to eat some gristle if you want the rest of the gumbo.
It's a ridiculous process. Uniquely American, you might say.
Added at: 19:58
According to the OP content, they won't be tried. You can basically just be put in a box and forgotten about.
If they only targeted people with no close friends or family, then perhaps there would be no cases. I suspect, however, that even then someone would find out, and get the ACLU and others involved to test out the law, if not friends and family. If it happened to my wife, my kids, anyone in my family, I would not stop until I took it to the supreme court.
 
Okay, I have to admit, my initial information came from the ACLU. Was it complete? No. But it also wasn't entirely mis-representative; if passed, those provisions to this bill could allow exactly that - disappearing US citizens without any due process. This is the sort of thing that there needs to be the occasional foofaraw about, because ultimately we are responsible for what sort of things become law.
 
The bill needs better language to define the process for determining a suspect's status as a terrorist or not, and defines what rights they have to clear themselves, get representation, etc. On of the larger problems here is people assume that once they are imprisoned by the military, they have no charges, no rights, etc - which is wrong. They will be able to fight the charges in military tribunals. It's different than civilian courts, but it's not like people are going to be thrown into a pit with no recourse. Due to guantanamo, the gov't has a process in place for detainees.
 
This defense bill, for instance, modifies and funds, in part, the clean water act specifically for rural water systems. Why is it in the defense bill?

I used to work for an environmental testing company that had the USAF as a client and you would not believe just how much the military has to do with clean water. Or should I say "contaminated water that smelled so bad you had to plug your nose when you went into the sample cooler even though it was in jars packed in vermiculite inside a cooler inside a refrigerator". Not saying the Clean Water stuff wasn't just tacked on as pork, but it wouldn't be out of place either, depending on the context. It actually makes a lot of sense for the Clean Water Act to show up in a defense bill if it was regarding rural water quality near military installations. Which section of the bill is it?
 
One of the larger problems here is people assume that once they are imprisoned by the military, they have no charges, no rights, etc - which is wrong. They will be able to fight the charges in military tribunals. It's different than civilian courts, but it's not like people are going to be thrown into a pit with no recourse.
Uh... no. A military tribunal is essentially being thrown into a pit with no recourse. The jury you have to sway is made up of the people trying to put you away and the burden of proof is on you to prove your innocence. More over, you are likely to be denied adequate representation on the grounds of national security. It's next to impossible to win one of these, especially since the members of the court don't have to answer to anyone but themselves.
 

Necronic

Staff member
So, everyone put on your Alex Jones shirts for this next one. I wanted to see if any lawyers etc had already started crying foul on the Habeus Corpus problems with this bill. So I googled 1867 Habeus Corpus. As I hit enter I was like "oh snap, 1867 is like a year, but....meh what are the chances that it's some big thing for habeus corpus, this should take me right to S. 1867"

Whelp:

http://en.wikipedia.org/wiki/Habeas_Corpus_Act_1867

In that one it was a movement to expand the power of Habaes Corpus to allow Federal writs on State imprisonment. Calling the house bill S. 1867 is a clear "thumbing of the nose" by the New World Order at us.

Ok, taking my Alex Jones shirt off now.
 

Necronic

Staff member
Uh... no. A military tribunal is essentially being thrown into a pit with no recourse. The jury you have to sway is made up of the people trying to put you away and the burden of proof is on you to prove your innocence. More over, you are likely to be denied adequate representation on the grounds of national security. It's next to impossible to win one of these, especially since the members of the court don't have to answer to anyone but themselves.
If this were true then "A Few Good Men" would have been the most boring movie in the world.

Also the critically acclaimed "JAG" never would have come out, which would have set western civilisation back by at least 10 years.
 
M

makare

I found out A Few Good Men is based on a true story. I thought that was fun.
 
M

makare

I never watched it and when I saw JAG i didn't even think of a show. lol.
 
M

makare

It was the show that spawned NCIS though right? now that show i love. mmm DiNozzo.
 
If this were true then "A Few Good Men" would have been the most boring movie in the world.

Also the critically acclaimed "JAG" never would have come out, which would have set western civilisation back by at least 10 years.
Technically those aren't military tribunals, they are court marshal. The difference being that a tribunal prosecutes non-citizen soldiers, while a court marshal prosecutes soldiers of our own forces.

They may well be nearly the same process, but those shows don't show military tribunals (although perhaps they had one in a given JAG episode?).
 
Technically those aren't military tribunals, they are court marshal. The difference being that a tribunal prosecutes non-citizen soldiers, while a court marshal prosecutes soldiers of our own forces.

They may well be nearly the same process, but those shows don't show military tribunals (although perhaps they had one in a given JAG episode?).
From the wiki you posted.

A military tribunal or commission is most usually used to refer to a court that asserts jurisdiction over persons who are combatants of an enemy force, are held in military custody, and are accused of a violation of the laws of war. In contrast, courts-martial generally take jurisdiction over only members of their own military. A military tribunal or commission may still use the rules and procedures of a court-martial, although that is not generally the case.
Basically, Military Tribunals don't remotely resemble Common Law courts. They look more like the Guantanamo military commission.

The Guantanamo military trials do not operate according to either system of justice. The differences include:
  • Unlike civilian courts, only two-thirds of the jury needs to agree in order to convict someone under the military commission rules. This includes charges such as supporting terrorism, attempted murder, and murder.[4]
  • The accused are not allowed access to all the evidence against them. The Presiding Officers are authorized to consider secret evidence the accused have no opportunity to refute.[5]
  • It may be possible for the commission to consider evidence that was extracted through coercive interrogation techniques before the enactment of the Detainee Treatment Act.[6] However, legally the commission is restricted from considering any evidence extracted by torture, as defined by the Department of Defense.[7]
  • The proceedings may be closed at the discretion of the Presiding Officer, so that secret information may be discussed by the commission.[8]
  • The accused are not permitted a free choice of attorneys, as they can only use military lawyers or those civilian attorneys eligible for the Secret security clearance.[9]
  • Because the accused are charged as unlawful combatants, former Secretary of Defense Donald Rumsfeld stated that an acquittal on all charges by the commission is no guarantee of a release.[10]
I'd also like to point out this bit from the Military Tribunal article.

The use of military tribunals in cases of civilians was often controversial, as tribunals represented a form of justice alien to the common law, which governs criminal justice in the United States, and provides for trial by jury, the presumption of innocence, forbids secret evidence, and provides for public proceedings. Critics of the Civil War military tribunals charged that they had become a political weapon, for which the accused had no legal recourse to the regularly constituted courts, and no recourse whatsoever except through an appeal to the President. The U. S. Supreme Court agreed, and unanimously ruled that military tribunals used to try civilians in any jurisdiction where the civil courts were functioning were unconstitutional, with its decision in Ex Parte Milligan, 71 U.S. 2 (1866).
 
tldr; RTFLegislation - Citizens and lawful resident aliens are explicitly disallowed in the bill that was actually passed. The previous language was amended, and people shouldn't be so up-in-arms about it any longer.

.

You guys suck. Seriously. Read the bill that was actually passed and you'll find, in quite plain language:


  • (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.
Alright? All this section does now is give a clear path for them to consider existing and future detainees who are NOT citizens or lawful resident aliens.

I suppose you can be annoyed about the possibility of illegal aliens disappearing now.

But the actual language of the bill that was passed does NOT allow citizens to be detained under these rules.

Here's the full text of the relevant sections for those interested (which can be found by going here, clicking on"Text of Legislation", searching for "Detainee" and clicking on "Subtitle D: Detainee Matters") - there is more to subtitle D about detainee matters, such as transporting them, etc, but it's not relevant to this discussion:

S.1867
National Defense Authorization Act for Fiscal Year 2012 (Placed on Calendar Senate - PCS)

Subtitle D--Detainee Matters
SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.


  • (a) In General- 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.

  • (b) Covered Persons- A covered person under this section is any person as follows:

    • (1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.

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

  • (c) Disposition Under Law of War- 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)).

    • (3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.

    • (4) Transfer to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity.

  • (d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.

  • (e) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons' for purposes of subsection (b)(2).
SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.


  • (a) Custody Pending Disposition Under Law of War-

    • (1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.

    • (2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 who is determined--

      • (A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and

      • (B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.

    • (3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.

    • (4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.

  • (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.

  • (c) Implementation Procedures-

    • (1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the President shall issue, and submit to Congress, procedures for implementing this section.

    • (2) ELEMENTS- The procedures for implementing this section shall include, but not be limited to, procedures as follows:

      • (A) Procedures designating the persons authorized to make determinations under subsection (a)(2) and the process by which such determinations are to be made.

      • (B) Procedures providing that the requirement for military custody under subsection (a)(1) does not require the interruption of ongoing surveillance or intelligence gathering with regard to persons not already in the custody or control of the United States.

      • (C) Procedures providing that a determination under subsection (a)(2) is not required to be implemented until after the conclusion of an interrogation session which is ongoing at the time the determination is made and does not require the interruption of any such ongoing session.

      • (D) Procedures providing that the requirement for military custody under subsection (a)(1) does not apply when intelligence, law enforcement, or other government officials of the United States are granted access to an individual who remains in the custody of a third country.

      • (E) Procedures providing that a certification of national security interests under subsection (a)(4) may be granted for the purpose of transferring a covered person from a third country if such a transfer is in the interest of the United States and could not otherwise be accomplished.

  • (d) Effective Date- This section shall take effect on the date that is 60 days after the date of the enactment of this Act, and shall apply with respect to persons described in subsection (a)(2) who are taken into the custody or brought under the control of the United States on or after that effective date.
 
M

makare

Also 1000 pages for a bill like that doesn't seem all that bad to me. I mean it is a lot of pages but vagueness in legislation is not a good thing. If the bill covered 50 issues that would only be 20 pages an issue so some are more some are less but it works out about right.

And before anyone points out "great things" that are less than 5 pages like the bill of rights or whatever, believe me more than 1000 pages have been written clarifying the bill of rights probably more than 10,0000. Less is not really more in legislation.
 
Yeah, but they tend not to spend 1000 pages clarifying those issues; if anything, it makes the law more vague with the wording, and they sneak in a bunch of unrelated bullshit.

I'm so sick of Congress, more than any other section of our government. Maybe it's because I've been living nearby for too long. I didn't feel this way in New York. It was a bunch of bitching about Bloomberg then.
 
M

makare

I don't understand what you mean. I am saying that they do in fact write thousands of pages clarifying those issues.
 
And I'm saying I don't think it clarifies anything. I highly doubt that if individual members of Congress are too busy to vote issue-by-issue that they take the time to read every page of every bill when the bills get to be hundreds of pages long. I don't think it's to clarify anything. I think it's to make the bill intimidating so it's less likely to be gone over carefully, which is why we get shit hidden inside like the water situation mentioned earlier in the thread. Most bills have unrelated crap like that, with everything getting piled together. I don't believe our elected representatives actually wade through all that to know exactly what they're voting on.

So no, I don't think it clarifies the issues of the bill.
 
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