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National Defense Authorization Act for Fiscal Year 2012: How it Affects You

If you keep up with current events, you have no doubt heard about the National Defense Authorization Act for Fiscal Year 2012 (or "NDAA 2012") Congress authorizes a Department of Defense budget every year through an NDAA, but the NDAA for 2012 is much different from any of it's predecessors. NDAA 2012 contains many provisions for indefinite detention of US citizens and much more, unprecedented in it's damage to our civil liberties. Notions such as "innocent until proven guilty" and Habeas Corpus are being systematically mowed down by the NDAA 2012. One of the most unsettling elements of the NDAA 2012 is Section 1021. Let's take a look at some of the text and see what it means:

Section (a) of Subtitle D (Counterterrorism) states:
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; 50 U.S.C. 1541 note) 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.

(see the full text of the bill here)

Take a look at this line again: ...the authority for the Armed Forces of the United States to detain covered persons... Already, it has been established that "covered persons" will be placed under military custody, not police custody. That means no right to communicate with a lawyer or their family. According to subsection (b), a "covered person" is "a person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks" or "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." The language starts out reasonable enough: those who were involved in the September 11th attacks, and members of al-Qaeda or the Taliban. But it gets broader towards the end and could be construed to include just about anyone, provided that the government considers them to have committed a "belligerent act". And we all know that the bureaucratic wizards in the Department of Homeland Security are capable of haphazardly cobbling together such accusations against any person at a moment's notice. Thought you were safe from being labelled a terrorist? Think again.

The fate of "covered persons" does not look good. Subsection (c) allows "detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force." It also permits "transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity."

This means that even if you are a natural US citizen, you may be arrested on US soil and transferred to a prison in a foreign country (of the government's choosing, of course) where your Constitutional rights are effectively moot. Your US citizenship means nothing and you can be tortured or executed, with no evidence or charges presented against you, and without ever speaking to a lawyer.

This piece of legislation should come as an outrage to any American citizen who values their rights. If this law is allowed to go unchallenged, the United States will begin the descent down a slippery slope... And at the bottom is the complete dismantling of the Constitution and Bill of Rights. No senator who voted for the NDAA 2012 should be allowed to keep their job in public office.

Here is a complete list of the senators who voted in favor of NDAA 2012. Many citizens all across America are already taking action: in Montana, citizens have banded together and formed an initiative to recall every senator who voted for NDAA 2012. Get active, write to your lawmakers, and demand that the provisions for indefinite detention be repealed at once!

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  1. Very interesting. I was wondering if this means that President Bush’s family could be interrogated for their involvement with a family that is directly connected to known terrorist Osama Bin Laden? See below:

    (b), a “covered person” is “a person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks”

    • Thanks for the comment… Good point! He certainly deserves to be prosecuted for that. I wonder if we’ll see it in our lifetime.

    • Hi my friend, This is so insntee I don’t even know what to say. It’s horrifying really. It takes every ounce of control to not allow the fear that this is intended to create to flood my entire being. Instead I take a deep breath and think of all of the amazing sovereign beings that are here at this time and know that we will see our way through all this. I remind myself that this old paradigm is in it’s death throes and are clawing for their own survival but the energy is running out for them and soon our time will come to step in and put things right. I hold on to my vision of the world that I know is possible, that is slumbering inside all of us and simply needs to be awakened. With great love,Coyote

  2. We have now entered the Twilight Zone, is Hitler alive and well, and now livnig in the White House? Does the Detention Center have the Red & Blue Lines leading some to their Immediate Death?, The answers are, No, No, Yes, This is a BS Policy that never should have been thought of by our Rep’s. This tells me that, those Rep’s working in DC today, know something that we don’t know. They must believe that something so bad is going to happen because of what our President, his cabnet, and the Democratic Rep’s have done to America that will cause American Citizens to rise up to over throw our Government, that we Love, Fought and Died for in order to protect our Constitution, How much disrespect are they going to treat us with? This should really piss off the American People, if it doesn’t, then those who does not get mad over this action, must love to get f__k in the Hiney.

  3. I can however see how it can be used as justification for the many “FEMA coffins” we have spreadout across our nation. If we’re detaining prisoners, why would we need coffins? I think Ron Paul might answer that question.

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