Of course he did. It doesn't change due process for american citizens one whit.So, Obama's a shithead after all and signed it into law, no question, no revision.
Define terrorist. Make sure it will stand up in a court of law. Also, define domestic terrorist. Make sure the definition can't be twisted to include people simply standing up for their rights.
How much more specific do they have to get? This is a serious question, I'm not trying to be a smartass. A lot of bills are (rightfully) criticized for being vague in who it applies to, but I don't see how this one is. To me, this bill is doing it right. You may disagree with al-Qaeda/Taliban associates being treated this way, but I never see that being brought up in any of these discussions. It's all about how it's going to be used agains, say, college students protesting tuition increases or Occupy protestors or whatever. How? How is (1) and/or (2) going to apply to the average protesting college student?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.
I think this part is kinda vague...From the bill:
How much more specific do they have to get? This is a serious question, I'm not trying to be a smartass. A lot of bills are (rightfully) criticized for being vague in who it applies to, but I don't see how this one is. To me, this bill is doing it right. You may disagree with al-Qaeda/Taliban associates being treated this way, but I never see that being brought up in any of these discussions. It's all about how it's going to be used agains, say, college students protesting tuition increases or Occupy protestors or whatever. How? How is (1) and/or (2) going to apply to the average protesting college student?
Also, who gets to decide what these things mean on a case by case basis? What sort of oversight do they have? What are the standards to determine conviction? Who gets to judge guilt or innocence? What sort of compensation do the victims of false and incorrect capture and imprisonment get?I think this part is kinda vague...
"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"
What is considered belligerent? What are 'associated forces'? How tenuous can the link be? Can it be as non existent as the supposed link between Saddam Hussein and the Taliban when we invaded with the Iraq war? You see where I'm going here? What are the consequences for wrongful imprisonment or execution? That's the biggest problem with this, I feel. There has to be a consequence for abuses of power.
There is no face palm macro big enough. Why are you guys lambasting the bill without reading it? Do you seriously eat the slop others are shoveling into your gaping maw?Or how about including the word non-citizen in there. You know the one area in particular where there shouldn't be any vagueness.
Let's break this down:(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.
They're not required to indefinitely detain; there's just nothing stopping them from doing so.The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
does not extend to citizens of the United States.
Now here is the problem that I am having with your arguement.There is no face palm macro big enough. Why are you guys lambasting the bill without reading it? Do you seriously eat the slop others are shoveling into your gaping maw?
Let's break this down:
The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
military custody under this section does not extend to citizens of the United States.
does not extend to citizens of the United States.
Why are people always harping on this (post not directed at you Krisken!)? Most people abroad already have a fairly set opinion on the US. If you look at worldwide nation approval polls, the numbers are pretty consistent. And contrary to popular belief, I've never been harassed or discriminated against abroad for being American. There will always be people who dislike the US for having overseas bases, for its espousal of universal rights, for its power over economic and political issues, for its "shadowy" CIA and so on. Those things rarely change no matter who's in power. I had a Chinese taxi driver bitch about the US government to me for Libya a few months back, without even realizing it wasn't even the US who initially spearheaded the idea. So you know what? The US should first and foremost look out for its own interests, whether or not it'll offend some dude in Greece, because you best believe that's what nearly every other nation does out there.How is this going to help our image in the world?
I'll now open the floor for discussions of what is meant by "aid and comfort" and how evil the US Constitution is because a section uses vague language like "aid and comfort" to charge people with treason.Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Yes yes treason which requires a person to go in front of a jury of his peers to be convicted is the exact same as allowing indefinite detention of US citizens with no oversight or chance to prove the innocence of the accused or even be put in front of a judge to see if there is any real evidence of their wrongdoing. Once again unlike charges of treason that require at least 2 witnesses.Holding prisoners indefinitely is no different than what is allowed by the Geneva Conventions. POWs can be held for as long as hostilities last -- whether 6 weeks, 6 months, 6 years. Why aren't you all protesting that? Why aren't you protesting the "depriving foreigner's of their rights" such as that prisoners lose their right to communication if they are a spy or saboteur considered a military security risk under the Fourth Geneva Convention, Article 5?
As far as U.S. citizens? It's right in the Constitution:
I'll now open the floor for discussions of what is meant by "aid and comfort" and how evil the US Constitution is because a section uses vague language like "aid and comfort" to charge people with treason.
I really doubt that the ability to take action against US citizens engaging in hostile actions against the US while outside of the US is a "new ability". What do you think happened to Americans who fought for Germany, Japan, or Italy during WWII? Did they flash their passport over the trench and the American infantry went, "Oh, wait! We can't shoot that guy without a trial! He's an American!" Holding them indefinitely as a POW probably never came up because they ended up with a bullet in the brain as a traitor first.their new ability to capture and hold any US citizen not captured in the US indefinitly is a new a troubling turn
If joining al-Qaeda and Friends isn't an overt act of treason, I don't know what is. And if you join a foreign enemy force engaged in hostilities against the U.S., I see that as not only an overt act of treason, but as essentially denouncing your U.S. citizenship and any protections it offers. Excuse me if I don't feel sorry for you if you "adhere yourself to an enemy" of the U.S., and then cry about how your rights aren't being protected when you have to face the consequences of that choice. You're an American who wants to join al-Qaeda? Fine. Then you can suck it up and face the consequences with the rest of your new friends.In Haupt v. United States, 330 U.S. 631 (1947), however, the Supreme Court found that two witnesses are not required to prove intent; nor are two witnesses required to prove that an overt act is treasonable. The two witnesses, according to the decision, are required to prove only that the overt act occurred (eyewitnesses and federal agents investigating the crime, for example).
Excuse me what the fuck are you talking about?I really doubt that the ability to take action against US citizens engaging in hostile actions against the US while outside of the US is a "new ability". What do you think happened to Americans who fought for Germany, Japan, or Italy during WWII? Did they flash their passport over the trench and the American infantry went, "Oh, wait! We can't shoot that guy without a trial! He's an American!" Holding them indefinitely as a POW probably never came up because they ended up with a bullet in the brain as a traitor first.
Great and once they have even a slight amount of judicial oversight I'd be happy to toss them into a pit myself. However with the NDAA there are no safeguards against grabbing a person off the streets of France and throwing them in prison without an ounce of proof that they ever "adhered themselves to an enemy.As for treason:
If joining al-Qaeda and Friends isn't an overt act of treason, I don't know what is. And if you join a foreign enemy force engaged in hostilities against the U.S., I see that as not only an overt act of treason, but as essentially denouncing your U.S. citizenship and any protections it offers. Excuse me if I don't feel sorry for you if you "adhere yourself to an enemy" of the U.S., and then cry about how your rights aren't being protected when you have to face the consequences of that choice. You're an American who wants to join al-Qaeda? Fine. Then you can suck it up and face the consequences with the rest of your new friends.
An American joins the German army in WWII and there is no distinction made on the battlefield: they are treated as any other German soldier. Why should an American who joins al-Qaeda be treated as anything other than a member of al-Qaeda? Why should there be a distinction made between citizen and non-citizen when dealing with al-Qaeda? Like the guy who joined the German army, the American in al-Qaeda made his choice to "switch sides".Excuse me what the fuck are you talking about?
Which is part of the problem, and is why they have to put stuff like this into bills. It's not to "invent new ways to take away our freedoms!!!!", it's to codify what the procedures are in a situation that the Rules of Engagement haven't caught up to yet. Which is why I mentioned that "indefinite detainment" is also allowed by the Geneva Conventions in war between states: this is not a new thing.you can't declare war on terrorism, there is literally no battlefield
I'm sorry I think you forgot that the battlefield is in the hearts and minds of American people.you can't declare war on terrorism, there is literally no battlefield
Except it's not indefinite, is it... while i don't recall anyone mentioning anything about "until the war on terror is over" even... and PoW's aren't considered criminals by default...Which is why I mentioned that "indefinite detainment" is also allowed by the Geneva Conventions in war between states: this is not a new thing.
I can't think of any war that had an end date planned ahead of time, so, yes: "until end of hostilities" is indefinite. And is allowed by the Geneva Conventions.Except it's not indefinite, is it... while i don't recall anyone mentioning anything about "until the war on terror is over" even... and PoW's aren't considered criminals by default...
I can't find anything in the bill that mentions "criminals by default".(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.
America's been dead for yearsdid America end yet