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Wednesday, September 3, 2014

If people would just look it up themselves...

Posted Saturday, December 31, 2011, at 10:54 PM

(Photo)
Torii Beach, East China Sea. Torii Station, Okinawa, Japan
...and learn how to read the WHOLE SECTION including all bullet points, we would only have to calm the people who are illiterate.

The National Defense Authorization Act was signed into law today.

Cue the fire alarms all over my facebook feed.

Go here. http://www.govtrack.us/congress/billtext...

Then go to the full text thomas version. Look at the way the sections are set up in bullet and sub-bullet format. Section 1031 Bullet (b) says who it applies to and (e) says this "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." Section 1032 Bullet (a)(1) says who it applies to and bullet (b)(1) says this "UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section DOES NOT extend to citizens of the United States."

What's that?

Let me repeat that...

IT DOES NOT EXTEND TO CITIZENS OF THE UNITED STATES.

That doesn't exactly translate into "the military can detain citizens without a trial!!" (Facebook)

Thanks, Anonymous and Co, for scaring the crap out of everyone who doesn't bother to look things up for themselves. And thanks, people who don't bother to look things up, for perpetuating the scaremongering.

Happy New Year everyone!


Comments
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[Show in chronological order instead]

If Obama is breaking so many rules how come the Republicans don't start an impeachment against him?

He's to smart for them?

-- Posted by MsMarylin on Thu, Jan 5, 2012, at 11:25 AM

My Uncle Larry will appreciate your picture. He took his family with him on a 2 year tour back in the mid 1950's

I can still remember the movie pictures he mailed to my Dad at MHAFB so we could share them with "the folks back home"

I'll never forget the concrete walls jumbled with sheletons below the cliffs .....

Great article and pictures.

-- Posted by wh67 on Sun, Jan 1, 2012, at 11:25 PM

Like you said, plenty to go around. Cow dung included. I hope this survives.

-- Posted by royincaldwell on Sun, Jan 1, 2012, at 4:55 PM

And this time from the right via Drudge: http://www.infowars.com/president-obamas...

With the headline: "Obama's signing statement on NDAA: I have the power to detain Americans.....but I won't"

As before plenty of blame to go round.....

-- Posted by Northside on Sun, Jan 1, 2012, at 4:33 PM

Little wonder how bad info gets out when media (and in this case I use that term very loosely) puts out headlines currently at the top of HuffPo. The headline reads: "HAPPY NEW YEAR: YOU CAN NOW BE DETAINED INDEFINITELY". http://www.huffingtonpost.com/2011/12/31.... The lead sentence in the link: "Indefinite military detention of Americans became the law of the land Saturday, as President Barack Obama signed a defense bill that codified that authority, even as he said he would not use it."

Too many folks believe trash like this that masquerades as actual news. You can't always blame the people Melodie, there's plenty of fault to go around.

-- Posted by Northside on Sun, Jan 1, 2012, at 4:15 PM

http://www.govtrack.us/developers/localt...

VERY INERESTNG and INFORMATIVE GUIDE to the Concept behind melodie's website : "**So** you want to build a site like GovTrack for your state? **Cool**!"

Sunlight in http://openstates.org/thanks/?action_cod...

-- Posted by wh67 on Sun, Jan 1, 2012, at 12:51 PM

A very good post Northside. It seems you have a good grasp of the Constitution. There will be those that will say that it doesn't matter what the Constitution say, the present administration and Congress ignore it on a regular basis. I'm will to bet you and I could have a very interesting conversation in regards to the Constitution and it's meanings.

-- Posted by royincaldwell on Sun, Jan 1, 2012, at 11:21 AM

Melodie is entirely correct in her post about the detainee provision of the bill, and though the bill itself is explicit, the coverage in the media has not been. Even the president's own quotes, and those of senior members of his party after signing the bill left much to be desired. A couple examples: from Mr Obama "I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a Nation." Actually, there was nothing to clarify, the bill was clear, and it even specifically stated that even the president could not waive the section as it pertained to U.S. citizens. From Sen Levin we hear that he " defended the detainee provisions as being carefully worded in a way that allows the president flexibility and waiver authority.". Once again, there should've been a caveat that told us that the section was not waiveable in reference to U.S citizens. Most folks are too busy to go read every bit of legislation that is passed by our government, and given the way the media covers these issues it's understandable how these misconceptions happen. I put more blame on the media since fearmongering sells better than honest reporting. I think a bigger issue is how many of our elected representatives vote on various pieces of legislation without knowing what is in them ( does "But we have to pass the [health care ] bill so that you can find out what is in it." ring a bell to anyone?).

Separately, thou I do agree that we should have the ability to indefinitely detain persons (terrorists) that are a danger to the U.S. there are in fact Constitutional issues with the detainee provision,specifically when it comes to the fifth amendment. Our founding fathers were very deliberate in how they chose to codify which groups of people were covered under each section. You will find specific references for "citizens", others for "the people", and as stated in the Fifth Amendment "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury". Note the use of "no person", not "citizen" or "the people". The specific provision as it pertains to "no person" has been through the legal review process on a number of occasions, and legal precedence shows us that the fifth amendment explicitly applies to any person, even unfortunately in this example a terrorist. In which case it would seem that not only our president, but all the members of Congress and the Senate that voted to support this bill have failed in their duty to "support and defend the Constitution" as sworn to by each in their oath of office.

-- Posted by Northside on Sun, Jan 1, 2012, at 11:03 AM

We can only hope that the armed forces remember their oath regarding the Constitution.

-- Posted by royincaldwell on Sun, Jan 1, 2012, at 9:08 AM

One of the few times you and I agree Buckshot!

-- Posted by royincaldwell on Sun, Jan 1, 2012, at 8:23 AM

BTW, thanks for the nice post Melodie.

-- Posted by royincaldwell on Sun, Jan 1, 2012, at 7:15 AM

It's not martial law Mike. The bill was poorly worded in the beginning, and after it was caught, the bill was amended in such a way to prevent martial law.

-- Posted by royincaldwell on Sun, Jan 1, 2012, at 7:14 AM


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Melodie Lettkeman
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I'm a staff writer for the Tiger Tribune, and I have a lot to say! Music, books, movie reviews, my opinions and updates around the high school.
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