Submitted by visible51 on Sun, 12/11/2011 – 22:07
URGENT: SB 1867 is now HR 1540 – Vote expected on Tuesday.
Lets Melt the Congressional Switchboard with Phone Calls on Monday & Tuesday – We can win this !
SB 1867 did pass with language in Section 1031: that America Citizens be subjected to the rules of war; That anyone could be detained indefinitely without trial for committing an act of belligerence Sec 1032 prevents military custody of Citizens, but does not exclude American Citizens from being rounded up, and held in private custody under the rules of war.
Don’t waste time emailing Representatives or signing petitions. This is Urgent, Your Rep need to hear directly from YOU NOW!
This Bill is also known as the “National Defense Authorization Act” – NDAA
Find your representative:
Contact Your Representative – Switchboard operator:
Be Polite to Staffers who take your call.
remember SB 1867 is now HR 1540
Urge Your Representative to please:
“remove Sections 1031 & 1032 from bill HR 1540 & any similar language, or reject the entire thing. This bill can be construed to be a Nazi Roundup. The DEVIL is in the DETAILS of the bill.”.
Tell your representative they could be charged with WAR CRIMES if they vote for this bill the way it is worded..
If staffer says “Obama has promised to Veto this bill”, don’t buy it, it is just another Obama lie..
Proof Obama will not veto S1867
“They are using sophisticated disinformation tactics”. Republican Congressman Justin Amash’s told The Grand Rapids Press that the S. 1867 National Defense Authorization Act’s military detention provisions are “carefully crafted to mislead the public.”
An Open Message to Police & Military
TEXT OF HR 1540 PP (Public Print – PP)(current as of 12/9/2011)
Subtitle D—Detainee Matters
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
(b) COVERED PERSONS.—A covered person under this
section is any person as follows:
(1) A person who planned, authorized, com-
mitted, or aided the terrorist attacks that occurred on
September 11, 2001, or harbored those responsible for
(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 disposi-
tion of a person under the law of war as described in sub-
section (a) may include the following:
(1) Detention under the law of war without trial
until the end of the hostilities authorized by the Au-
thorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United
States Code (as amended by the Military Commis-
sions Act of 2009 (title XVIII of Public Law 111–
(3) Transfer for trial by an alternative court or
competent tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the per-
son’s country of origin, any other foreign country, or
any other foreign entity.
(d) CONSTRUCTION.—Nothing in this section is in-
tended 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 re-
garding the application of the authority described in this
section, including the organizations, entities, and individ-
uals considered to be ‘‘covered persons’’ for purposes of sub-
SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.
(a) CUSTODY PENDING DISPOSITION UNDER LAW OF
(1) IN GENERAL.—Except as provided in para-
graph (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 deten-
tion is authorized under section 1031 who is deter-
(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;
(B) to have participated in the course of
planning or carrying out an attack or attempted
attack against the United States or its coalition
(3) DISPOSITION UNDER LAW OF WAR.—For pur-
poses of this subsection, the disposition of a person
under the law of war has the meaning given in sec-
tion 1031(c), except that no transfer otherwise de-
scribed in paragraph (4) of that section shall be made
unless consistent with the requirements of section
(4) WAIVER FOR NATIONAL SECURITY.—The Sec-
retary of Defense may, in consultation with the Sec-
retary of State and the Director of National Intel-
ligence, waive the requirement of paragraph (1) if the
Secretary submits to Congress a certification in writ-
ing that such a waiver is in the national security in-
terests 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 sec-
tion does not extend to citizens of the United States.
(2) LAWFUL RESIDENT ALIENS.—The require-
ment 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 imple-
menting this section shall include, but not be limited
to, procedures as follows:
(A) Procedures designating the persons au-
thorized to make determinations under sub-
section (a)(2) and the process by which such de-
terminations are to be made.
(B) Procedures providing that the require-
ment for military custody under subsection
(a)(1) does not require the interruption of ongo-
ing surveillance or intelligence gathering with
regard to persons not already in the custody or
control of the United States.
(C) Procedures providing that a determina-
tion under subsection (a)(2) is not required to be
implemented until after the conclusion of an in-
terrogation 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 require-
ment for military custody under subsection
(a)(1) does not apply when intelligence, law en-
forcement, or other government officials of the
United States are granted access to an indi-
vidual who remains in the custody of a third
(E) Procedures providing that a certifi-
cation of national security interests under sub-
section (a)(4) may be granted for the purpose of
transferring a covered person from a third coun-
try if such a transfer is in the interest of the
United States and could not otherwise be accom-
(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 de-
scribed 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.