NDAA Notes

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NDAA Notes

  1. 1. National Defense Authorization ActFor Fiscal Year 2012 (NDAA)
  2. 2. Does the NDAA create newnational defense policy?
  3. 3. SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMEDFORCES OF THE UNITED STATES TO DETAIN COVEREDPERSONS PURSUANT TO THE AUTHORIZATION FOR USEOF MILITARY FORCE.(a) IN GENERAL.—Congress affirmsthat the authority of the President to useall necessary and appropriate forcepursuant to the Authorization for Use ofMilitary Force (Public Law 107–40; 50U.S.C. 1541 note) includes the authorityfor the Armed Forces of the United Statesto detain covered persons (as defined insubsection (b)) pending disposition underthe law of war.
  4. 4. NDAA Subtitle D – Counterterrorism Section 1021 Affirmation of Authority of the Armed Forces of the United States to Detain Covered Persons Pursuant to theAuthorization for Use of Military Force (AUMF)
  5. 5. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES (AUMF), SECTION 2.(a) IN GENERAL. — That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
  6. 6.  The AUMF set up a national defense policy to seek retribution against those involved in the attacks of Sept. 11, 2001. The authority granted in the AUMF was retrospective, and tied solely to the attacks of Sept. 11, 2001.
  7. 7. AUMF TARGETING PROFILENations, organizations, or persons who:  planned,  authorized,  committed,  aided, or  harboredthe terrorists who attacked the U.S. on September 11, 2001.
  8. 8. SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVEREDPERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.(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.
  9. 9. AUMF vs. NDAA TARGETING PROFILE (retribution for 9/11/2001) AUMF 1021(b)(1)Nations, organizations, or Any person who: persons who:  planned,  planned,  authorized, authorized, =   committed,  committed,  aided, or  aided, or  harbored harbored  the terrorists who the terrorists who attacked the U.S. on attacked the U.S. on September 11, 2001. September 11, 2001.
  10. 10. NDAA: 1021(b) [Second Targeting Profile](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.
  11. 11. 1021(b)(2) 1021(b)(1) = (AUMF) Any person who was part of or Any person who: supported: Al-Qaeda, Taliban, or planned,   associated forces,   authorized, that are engaged in hostilities  committed, against: United States, aided, or    or coalition partners, who:  harbored  committed a belligerent act, or directly supported hostilities in the terrorists who  aid of Al-Qaeda or Talibanattacked the U.S. onSeptember 11, 2001. * Involvement in attacks of Sept. 11, 2001 not required
  12. 12. 1021(b)(2) creates new nationaldefense policy in that it expands: targeting profile (beyond AUMF) countries being protected ( adds coalition partners) time frame for which hostilities are authorized beyond retribution for attacks of 9/11/2001. from policy of retribution to a policy for “war on terrorism”Also...
  13. 13. DEFINITION OF TERRORISM:1. the use of violence and threats to intimidate or coerce, especially for political purposes.2. the state of fear and submission produced by terrorism or terrorization.3. a terroristic method of governing or of resisting a government. Dictionary.com
  14. 14. Terrorism is not a nation, organization, or person.Terrorism is a ―method or technique.‖―War on Terror‖ is a war against a method of achieving an objective. Declaring war on a technique is an expansion of an specific AUMF purpose to an open-ended war.
  15. 15.  Was it the intent of Congress to establish that America should be treated as part of “the battlefield?” Does the NDAA authorize waging war on Americans in the United States?
  16. 16. America is the “battlefield” “The statement of authority to detain does apply to American citizens, and it designates the world as the battlefield, including the homeland.”-Senator Lindsey Graham, discussing NDAA in a U.S. Senate floor debate. Watch video here: http://patriotcoalition.com/VIDEO/NDAA/YOU ARE the Terrorist!!!!!.avi
  17. 17. The “law of war” applies to the “battlefield.”The fictitious designation of the United States as the ―battlefield‖ allows for the application of the ―law of war,‖ which applies to all battlefields, to the United States.This puts the President in absolute charge of the ―battlefield‖ as Commander-in-Chief, rather than as the Chief Executive of the civilian government.
  18. 18. Does the NDAAApply to U.S. Citizens?
  19. 19. NDAASubtitle D – Counterterrorism Section 1022 Military Custody ForForeign Al-Qaeda Terrorists
  20. 20. NDAA Section 1022 (a)(1)(a) CUSTODY PENDING DISPOSITION UNDER LAW OFWAR.(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.
  21. 21. NDAA Section 1022 (a)(2)(2) COVERED PERSONS.The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1021 who is determined— WHAT IS “THE REQUIREMENT?”
  22. 22. NDAA Section 1022 (a)(1)(a) CUSTODY PENDING DISPOSITION UNDER LAW OFWAR.(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.
  23. 23. “The requirement” is “shall hold.”
  24. 24. “Shall hold” means“Must hold”
  25. 25. NDAA Section 1022 (b)(1)UNITED STATES CITIZENS.— The requirement to detain a person in military custody underthis section does not extend to citizens of the United States.
  26. 26.  Removing the requirement ―shall hold‖ means the U.S. Military may hold U.S. Citizens. It does not ―prohibit‖ U.S. Citizens from being detained by the U.S. Military under Section 1022.
  27. 27. NDAA Section 1022 (a)(2)(2) COVERED PERSONS.—The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1021 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.
  28. 28. NDAA Section 1022 NON-CITIZENS (shall hold) (a)(1) US CITIZENS (may hold) (b)(1)
  29. 29. The “indefinite detention” provisions of sections 1021 and 1022 definitely apply to U.S. Citizens.Senators McCain, Graham, and Levin stated as much on the floor of the U.S. Senate in Dec. 2011.
  30. 30. President Obamaacknowledged the authorityto detain U.S. Citizens in his signing statement.In fact, he insisted that the detention of U.S. Citizens was in the NDAA.
  31. 31. President demands authority toindefinitely detain U.S. Citizens. Obama Administration asked that language be removed from NDAA thatsaid “U.S. Citizens and lawful residents would not be subject to this section.” -Senator Carl Levin, Chairman, Senate Armed Services Committee Watch video here: http://patriotcoalition.com/VIDEO/NDAA/Levin-Obama-1031.avi
  32. 32. Section 1022 (b) limitation regarding citizens does not apply to Section 1021. UNITED STATES CITIZENS.—The requirement to detain a person in military custody under this section [i.e.1022] does not extend to citizens of the United States.
  33. 33. 1021(b)(2) Any person who was part of or supported:1021(b)(1) = (AUMF) Al-Qaeda, Taliban, orAny person who: NON-CITIZENS (shall hold) associated forces,planned, 1022(a)(1) that are engagedauthorized, US in hostilities against: CITIZENScommitted, (may  United States, or coalition partners, who: hold)aided, or (b)(1)  committed a belligerent act,harboredthe terrorists who attacked  or directly supportedthe U.S. on September 11, 2001. hostilities in aid of Al- Qaeda or Taliban * Involvement in attacks of 9/11/2001 not required
  34. 34. Does the NDAA Undermine YourConstitutional Rights?
  35. 35. Congress established the principle that America is the “battlefield” whilst arguing over how to apply the “law of war” to citizens. Opponents and proponents in Congressional debates agreed sections 1021 and 1022 make America part of the battlefield. NDAA makes America the “battlefield” and authorizes detention and disposition under the “law of war” instead of under the Constitution.
  36. 36. The NDAA authorizes the capture in the United States without an arrest warrant.
  37. 37. “Shut up. You dont get a lawyer. Youre an “enemy combatant.”-Senator Lindsey Graham, during debate of NDAA section 1031 on U.S. Senate floor. Watch video here:http://patriotcoalition.com/VIDEO/NDAA/Shut-Up
  38. 38. Section 1021(e) states that nothing in [1021] affects any existing law or authority relating to detention of any person who is captured or arrested in the United States.Section 1022(a)(1) states that the U.S. Military shall hold any person who is captured in the course of hostilities authorized by the AUMF.
  39. 39. NDAA Section 1021(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 [AUMF].
  40. 40. Parts of Constitution and Bill of Rights affected by NDAAArticle I, Section 9 – suspension clauseArticle III, Section 2 – grand jury indictmentArticle III, Section 3 - treasonArticle IV, Section 4 – republican government4th Amendment – secure in person & papers5th Amendment – due process6th Amendment – speedy trial8th Amendment – cruel & unusual punishment9th Amendment – rights of the people10th Amendment – states rights14th Amendment, Section 1 – equal protection
  41. 41.  Was it the intent of Congress to establish that America should be treated as part of “the battlefield?” YES Does the NDAA authorize waging war on Americans in the United States? YES
  42. 42. Does the NDAAApply to U.S. Citizens? YES
  43. 43. Does the NDAA Undermine YourConstitutional Rights? YES
  44. 44. What should you do next? Contact your Congressman & U.S. Senators If they voted for the NDAA, find out why. Regardless of how they voted, ask them what are their plans to repeal the unconstitutional provisions. Contact your state legislators, county commissioners, sheriff, and city council. Encourage them to interpose themselves between ―We the People‖ and a rogue federal government.

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