NP: Alienation and Sedition Act

[David Morris]

The Mother Jones article makes the issues simple and clear:

1. SCOTUS ruled in 2004's Hamdi v. Rumsfeld case that a US national
captured in a war zone could be held in military detention but not
without habeas review.

2.  NDAA says the military can detain anyone deemed to be "a part of"
or deemed to have "substantially supported" Al Qaeda, the Taliban, or
"associated forces." Terror suspects would not have to be on an actual
battlefield or fighting in an actual war.

3.  And although Americans, unlike foreigners, are not required to be
held in military detention if apprehended on American soil, the NDAA
affirms that they can be.

David Morris

On Wed, Nov 30, 2011 at 4:34 PM, Joseph Tracy <brook7 at sover.net> wrote:
> I sent this earlier but accidentally sent it to myself
> On Nov 30, 2011, at 1:19 PM, Joseph Tracy wrote:
>
>> line 17 page 362 (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.
>>
>> The language here is tricky because the military is not "required" to detain such a detainee in military custody, but it does not prohibit it either.  And there is no provision by which a citizen can demand a trial by jury, and the right to non military legal defense.