Friday, November 30, 2012

New Amendments to NDAA To Rectify Old Issues?? (not really)

“Detainees in orange jumpsuits sit in a holding area under the watchful eyes of Military Police at Camp X-Ray at Naval Base Guantanamo Bay, Cuba, during in-processing to the temporary detention facility on Jan. 11, 2002. The detainees will be given a basic physical exam by a doctor, to include a chest x-ray and blood samples drawn to assess their health. DoD photo by Petty Officer 1st class Shane T. McCoy, U.S. Navy.”

Soooo....I caught this little gem while looking over the new National Defense Authorization Act 2013 amendments being voted on by the US Senate:
SEC. 1032. NOTICE AND REPORT ON USE OF NAVAL VESSELS FOR DETENTION OF INDIVIDUALS CAPTURED PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
    (b) Report.--
(1) IN GENERAL.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the use of naval vessels for the detention outside the United States of any individual who is captured pursuant to the Authorization for Use of Military Force. Such report shall include--
(A) procedures and any limitations on detaining such individuals at sea on board United States naval vessels;
(B) an assessment of any force protection issues associated with detaining such individuals on such vessels;
(C) an assessment of the likely effect of such detentions on the original mission of the naval vessel; and
(D) any restrictions on long-term detention of individuals on United States naval vessels.
(2) FORM OF REPORT.--The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
(a) Notice to Congress.--Not later than five days after first detaining an individual who is captured pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) on a naval vessel outside the United States, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a notice of the detention.
So when did we start detaining people on boats? You do realize this is what this alludes to? We have or had a need to so and someone in Congress wasn't notified until it was almost too late. Oh wait. That did happen to a guy named Ahmed Abdulkadir Warsame, a Somali terrorist held for over 2 months on a Navy ship.

This is the one that will surely make headlines (if it hasn't already):
SEC. 1032. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS AND LAWFUL PERMANENT RESIDENTS. Section 4001 of title 18, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b)(1) An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such detention.
``(2) Paragraph (1) applies to an authorization to use military force, a declaration of war, or any similar authority enacted before, on, or after the date of the enactment of the National Defense Authorization Act For Fiscal Year 2013.
``(3) Paragraph (1) shall not be construed to authorize the detention of a citizen of the United States, a lawful permanent resident of the United States, or any other person who is apprehended in the United States.''.
Yup. You read it right. No more arrests of US citizens or permanent residents overseas without arresting them and bringing them before a US court. Actually. That's not exactly true. Check out what the folks at the ACLU think:
  • It would NOT make America off-limits to the military being used to imprison civilians without charge or trial. That's because its focus on protections for citizens and green-card holders implies that non-citizens could be militarily detained. The goal should be to prohibit domestic use of the military entirely. That's the protection provided to everyone in the United States by the Posse Comitatus Act. That principle would be broken if the military can find an opening to operate against civilians here at home, maybe under the guise of going after non-citizens. This is truly an instance where, when some lose their rights, all lose rights -- even those who look like they are being protected.
  • It is inconsistent with the Constitution, which makes clear that basic due process rights apply to everyone in the United States. No group of immigrants should be denied the most basic due process right of all -- the right to be charged and tried before being imprisoned.
  • It would set some dangerous precedents for Congress: that the military may have a role in America itself, that indefinite detention without charge or trial can be contemplated in the United States, and that some immigrants can be easily carved out of the most basic due process protections.
 It appears the contention about NDAA still stands.

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