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2012 national defense act craps on the US Constitution.

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Author Topic: 2012 national defense act craps on the US Constitution.  (Read 7519 times)
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Howey
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« Reply #30 on: December 11, 2011, 09:50:24 am »

They were talking about the bill. 

Duh. Not to muddle the issue any further, I'll agree they were talking about the bill. They were also talking about the amendments to the bill, as each speaker announces. Feinstein, for example, at around 5:50:

What they were discussing:

Quote
SA 1126. Mrs. FEINSTEIN (for herself, Mr. Leahy, Mr. Durbin, and Mr. Udall of Colorado) submitted an amendment intended to be proposed by her 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; as follows:

    On page 360, between lines 21 and 22, insert the following:

    (e) Applicability to Citizens.--The authority described in this section for the Armed Forces of the United States to detain a person does not include the authority to detain a citizen of the United States without trial until the end of the hostilities.


However, as reported earlier, the compromise amendment still may not pass muster.

Quote
Can Americans be indefinitely detained by the military on suspicion of terrorism if arrested on American soil? Thursday evening the Senate added a compromise amendment to the defense spending bill that states: Maybe. Specifically, it says the bill does not alter current authorities relating to detention, leaving either side free to argue whether current law allows or prohibits indefinite military detention of Americans captured in the US [...]
 
The reason the compromise amendment worked is that it leaves the question of domestic military detention open, leaving the matter for Supreme Court to resolve should a future president decide to assert the authority to detain a US citizen on American soil. Senators who defended the detention provisions can continue to say that current law allows Americans to be detained based on the 2004 Hamdi v Rumsfeld case in which an American captured fighting in Afghanistan was held in military detention. Opponents can continue to point out that the Hamdi case doesn’t resolve whether or not Americans can be detained indefinitely without charge if captured in their own country, far from any declared battlefield. They have the better of the argument.

So, I'll still support the President's veto if it happens.

Secondly:  What happened to my English lesson?  I want you to hear some more confused meanderings on proper English from you!

Hahahahha! Delusional!
« Last Edit: December 11, 2011, 10:21:10 am by Howey » Report Spam   Logged


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