More on the Republican/Democrat attack on our constitutional rights and freedoms

[PHILIP SCHNEIDER]

McCain, Levine, Graham, Obama, etc.it's our government as a whole who are now targeting U.S. citizens for detention without trial.

Saturday, December 3, 2011

By Matthew Rothschild from the Progressive

McCain says American Citizens Can Be Sent to Guantanamo

by Matthew Rothschild

U.S. citizens beware: A bill being debated on the Senate floor this week is likely to pass, and if it becomes law, you could be sent to Guantanamo Bay.

The bill is the National Defense Authorization Act, S. 1867. Section 1031 of the bill gives the President and the Armed Forces enormous power to detain people they believe were involved in the attacks of Sept. 11 or supported Al-Qaeda, the Taliban, or “associated forces that are engaged in hostilities against the United States or its coalition partners.”

Guantanamo BayThat section empowers the President to detain such persons indefinitely without trial or to try them before a military court or to transfer them “to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity.”

Sen. Mark Udall introduced an amendment to modify this section, and his amendment was voted down on Tuesday.

Sen. Rand Paul has introduced an amendment to delete this section entirely, and on Tuesday, he had the following exchange with Sen. John McCain, who is co-sponsoring the bill.

Sen. Paul: “My question would be under the provisions would it be possible that an American citizen then could be declared an enemy combatant and sent to Guantanamo Bay and detained indefinitely.”

Sen. McCain: “I think that as long as that individual, no matter who they are, if they pose a threat to the security of the United States of America, should not be allowed to continue that threat.”

There has been some confusion on the Internet as to whether the National Defense Authorization Act really applies to U.S. citizens. But Sen. McCain’s answer should clarify that once and for all.

The confusion stems from Section 1032, which deals with the military detention of the people the Armed Forces captures “in the course of hostilities.” Part of Section 1032 states: “The requirement to detain a person in military custody under this section does not extend to citizens of the United States.”

Christopher Anders, senior legislative counsel of the ACLU, explains the problem.

“The exclusion on Section 1032 only applies to 1032. It doesn’t apply to 1031,” he says. “And that only makes it worse, because any judge is going to say, ‘Of course, members of Congress meant for American citizens to be detained because if t