Sometimes cleverness is a valuable trait and sometimes it’s just more bullshit. In this case, I revise my earlier statement about the ACLU claiming that S.1253 could lead to the indefinite incarceration of US Citizens in light that the actual bill has been resubmitted and altered as S.1867. It would have been helpful to know that this bill was what the ACLU was carrying on about and not S.1253.
So what is the problem with S.1867. Section 1031 LACKS the paragraph that S.1253 Section 1031 had. In both bills, 1032 still has it’s prohibition however the difference is quite upsetting.
According to OpenCongress.org the bill is still being considered by the Senate. It is important to clear up the confusion between these two bills. It appears that S.1253 is dead and S.1867 is moving forward.
Now that the confusion has cleared up, the ACLU was correct to raise an alarm for S.1867, but not for S.1253. These bill numbers are important!
Glad to see that you had time to read the disturbing language of S1867 which has Conservatives, Liberals and the ACLU unified in their mutual concern. I commented on your prior analysis of S1253, before seeing this more recent post. I pleased me to see you did your own research into the latest Bill and corrected your statements about the ACLU. I am no great lover of the ACLU myself, but I have to admit they are right to be concerned this time around.
Just to clarify S1867 does not have a PROHIBITION in it whatsoever, Sec. 1032 (b) merely makes detention of COVERED PERSONS optional or discretionary for the Armed Forces instead of MANDATORY as it is for non-Citizens and non-legal Residents (see Sec. 1032 (a)).
Section 1032 (a) CUSTODY PENDING DISPOSITION UNDER LAW OF WAR, paragraph (1) states: “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. (Emphasis added.)
Section 1032 (b) APPLICABILITY TO UNITED STATES CITIZENS AND LAWFUL RESIDENT ALIENS, states: “(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.” (Emphasis added.)
passed the Senate yesterday