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Old 12-03-2011, 11:13 PM   #10
tweriaroats

Join Date
Oct 2005
Posts
368
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First off, consider the source of Preesi's post: The World Socialist Web Site. Secondly, nothing in the detention language applies to citizens and legal residents of the U.S.

Subtitle D, Section 1031:
"10 (e) AUTHORITIES.—Nothing in this section shall be
11 construed to affect existing law or authorities, relating to
12 the detention of United States citizens, lawful resident
13 aliens of the United States or any other persons who are
14 captured or arrested in the United States."

Subsection (b) {emphasis added}
"8 (b) APPLICABILITY TO UNITED STATES CITIZENS
9 AND LAWFUL RESIDENT ALIENS.—
10 (1) UNITED STATES CITIZENS.—The require11
ment to detain a person in military custody under
12 this section does not extend to citizens of the United
13 States.
14 (2) LAWFUL RESIDENT ALIENS.—The require15
ment to detain a person in military custody under
16 this section does not extend to a lawful resident
17 alien of the United States on the basis of conduct
18 taking place within the United States, except to the
19 extent permitted by the Constitution of the United
20 States."

Full text of the bill is available here:
http://www.gpo.gov/fdsys/pkg/BILLS-1...112s1867es.pdf
They altered it..before that stuff wasn't in the original.


UPDATE: The provision was finally altered to exempt “American citizens.” According to Time, “Lengthy negotiations produced a face-saving move that the Senate backed 99-1, a measure that said nothing in the bill changes current law relating to the detention of U.S. citizens and legal aliens.” The Senate also blocked an amendment that would limit military custody to those terror suspects caught overseas, the goal of which was to make sure “the military won’t be roaming our streets looking for suspected terrorists.”
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