Concentration Camps being built in the US as we speak.

For the last few weeks we have been told that the Defense Authorization Bill includes a section which allows for the detention of American citizens, without charge, due process and habeas corpus. I have been frustrated to no end because I have actually read the bill and the section in question and by any rational standard, there is no such language, in simple fact, does just the opposite. For simplicity sake, I will provide here the actual text of the relevant sections AND the anchor law in effect by which sets the standard for ANY detention.


Now as you can see Sections 1031 and 1032 are inextricably tied to public law 107-40, which is the authorization for carrying out military operations OVERSEAS, with specific authorization against operations against Al Qaida. There is an important distinction here as the authority is given for operations overseas and under the cover of the LAW of war. This does NOT have anything to do with domestic operations, since there are no domestic operations authorized as that would be a violation of posse comitatus.

The ONLY people who can be detained are covered in 1031(b) 1,2. This is a very narrow focus and only applies to those detained during operations under PL 107-40.


As for US citizens, Section 1032(b) 1,2 is quite clear. US citizens CANNOT be detained by the military under this bill. Section 1032 (a) specifically outlines under what conditions anyone may be detained at all. They must be have been captured in the course of hostilities against the US.

SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.

(a) 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) 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.

(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.

(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.

(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 Authorization for Use of Military Force.

(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).

(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.

(4) Transfer to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity.

(d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.

(e) Authorities- Nothing in this section shall be construed to affect existing law or authorities, relating to the detention of United States citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States.

(f) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons' for purposes of subsection (b)(2).

SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.

(a) Custody Pending Disposition Under Law of War-

(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.

(2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 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.

(3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.

(4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.

(b) Applicability to United States Citizens and Lawful Resident Aliens-

(1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.

(2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.

(c) Implementation Procedures-

(1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the President shall issue, and submit to Congress, procedures for implementing this section.

(2) ELEMENTS- The procedures for implementing this section shall include, but not be limited to, procedures as follows:

(A) Procedures designating the persons authorized to make determinations under subsection (a)(2) and the process by which such determinations are to be made.

(B) Procedures providing that the requirement for military custody under subsection (a)(1) does not require the interruption of ongoing surveillance or intelligence gathering with regard to persons not already in the custody or control of the United States.

(C) Procedures providing that a determination under subsection (a)(2) is not required to be implemented until after the conclusion of an interrogation session which is ongoing at the time the determination is made and does not require the interruption of any such ongoing session.

(D) Procedures providing that the requirement for military custody under subsection (a)(1) does not apply when intelligence, law enforcement, or other government officials of the United States are granted access to an individual who remains in the custody of a third country.

(E) Procedures providing that a certification of national security interests under subsection (a)(4) may be granted for the purpose of transferring a covered person from a third country if such a transfer is in the interest of the United States and could not otherwise be accomplished.

(d) Effective Date- This section shall take effect on the date that is 60 days after the date of the enactment of this Act, and shall apply with respect to persons described in subsection (a)(2) who are taken into the custody or brought under the control of the United States on or after that effective date.

 Here is public law 107-40 which serves as the anchor for this section.

Authorization for Use of Military Force
September 18, 2001 Public Law 107-40 [S. J. RES. 23]
107th CONGRESS

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JOINT RESOLUTION To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.
Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and
Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and
Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and
Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and
Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

While sitting on my porcelain throne....

While sitting on my porcelain throne, I take time to whip out my iPod Touch and read articles from Automobile and Motor Trend. Having a WiFi router comes in handy. I am always frustrated by the fact that many articles are about cars none of us will ever be able to afford or they whine and complain about the ones we can.

A recent article about the new Hyundai Veloster is a prime example. There are the observations that it's built on the Accent/Elantra platform, then there are complaints about the engine not being 'zippy' enough like a Mazda3, or the handling not as good as a Golf, or the rear seat headroom not like....x. Which brings me to our national past time of being chronic whiners about virtually everything. In the case of the Veloster, it is what it is. It's is NOT supposed to be a Mazda3 or a Golf or anything else. It is supposed to be a Veloster.

We treat our politics the same way. We nitpick everything. We whine about everything. We draw comparisons to policies and people, past and current. We justify that whining because the person or policy is not to our specific liking. We miss the obvious point, we are a nation of over 300 million people and there is no way possible that any one person or policy is going to meet with 100% approval. So we whine and complain and hit the voting booth, vote the party line and then wonder why nothing changes, so we complain some more. I hear about term limits and have to laugh for example. Why do we need a law to limit a persons term when we can do it ourselves? If we don't have the political will to do it, why should a lawmaker?

As with a car manufacturer, if they responded to every complain from a Car Mag, the car would end up not being what it is. Sure, add a more powerful engine, then the suspension will have to change, the ride a bit stiffer. The whole character of what it was designed to be changes to something it was not supposed to be. The same is with politics, a politician will pander to their audience to the extent that we end up with something other than what we originally expected.

If a politician has a policy, stick with it. Then if elected, we know what we bought was what we actually wanted.