by ClearEyedThinker
In most cases, an average internet-goer will be hard pressed to find a source of well-reasoned and thoughtful debate regarding the problems of our day. Given the extraordinary number of political blogs and punditry that abound online, sifting through the chaff can be challenging.
Part of the issue is that we, as a networked population, have become increasingly focused on the concerns that are most relevant to our individual experience. We develop impassioned opinions about those subjects that elicit the most powerful emotional response from us. What too often happens is that this micro-focus diverts our attentions from the macroscopic issues at the root of almost all of our national and international concerns.
Case in point:
Recently I became involved in a very lively message board debate regarding the upcoming implementation of RealID rules passed into law at the Federal level, as well as the State level in some cases. There is a deep and abiding fear, among certain populations, that RealID will be the end of personal privacy, allowing the government to track us through RFID chips, control our ability to move freely about the country, and even place limitations on our ability to conduct commerce.
It is indeed true that each of these outcomes is both possible and foreseeable. The question is "Where do we draw the line?".
In this particular case, we cannot draw the line at RealID, because many of its attendant functions are already carried out redundantly by other pieces of legislation or infrastructure.
RFID chips are already present in a half-dozen things that you probably have on your person or near you right now. Your debit card, your drivers' license, you garage door opener, your cell phone, your iPod/iPad/iTouch/iPhone, your computer, and more than I can mention in a short time.
The Federal government already has the power to freeze your bank accounts, as does the bank. They just did it to the Libyan dictator, and it is a common tactic during criminal investigations or ongoing trials.
Identity, both real and virtual, is already not as secure as most people believe. Advanced metrics allow the determination of an "anonymous" internet user's identity based on browsing patterns and site activity. Real-time surveillance allows for the identification of a person through facial recognition. Existing laws already allow local, state, and federal authorities to pull surveillance footage from any camera they want in pursuit of "persons of interest".
Furthermore, universal adoption of MAC codes for electronic devices allows the identification of a device's manufacturer, serial #, and point-of-sale. Combining that data with MAC-based authentication for registered software allows for end-user identification.
Even immigration reform is a red herring. Most readers of this site and other alternative media will already be well aware of long-term plans that are already in motion for the merger of US/Canadian/Mexican economic interests.
Agency Mission Creep is only a cause for concern if your primary focus is the size of government. Duplication of responsibility in an effective government creates redundancy and safeguards against failure by agencies with sole responsibility for their scope.
If we begin to think of humanity as a network of people, each with their own causes and priorities, we begin to understand why focus is necessary.
Let us assume a situation where we have two individual clients within the human network that makes up the United States. Let us even assume that one is a registered Democrat and the other a registered Republican.
They both look around and see that the country has no plan for fulfilling its financial commitments while continuing to provide essential public services. The Democrat looks at it and screams "Corporations are ruining America!", while the Republican looks at it and screams "Unions are ruining America!". Both are ignoring the larger issue, which is WHY the country cannot pay its bills.
I have no intention of diverting people from fighting for individual freedom. On the contrary, "Freedom and Justice For All" is one of the guiding tenets of my life, as well as (ostensibly) the United States.
What I AM trying to do is get those who are interested in defending personal liberty to move away from the "weed" issues and attack the "root" issues, such as monetary policy and political corruption.
After all, if the Government could be trusted to be a responsible steward of its Citizens, we wouldn't need to worry whether or not they tracked us. Tracking by a benevolent government could actually be quite beneficial, as we would never have lost children, puppies, kittens, bikes, cars, etc.
In essence, what I am saying is that if we address the root issues, issues such as RealID, the topic of this particular article, will become non-issues, which is the actual goal. This is only something that we should fear if we fear the government. Allowing that many do fear their government, it follows that it is that government which requires reform, not its individual policies.
If we are to try and address the systemic issues of corruption, government abuse of power, et al, we must address the circumstances which make those issues' existence possible, otherwise we are simply rearranging the deck chairs on the Titanic.
If you have a lifeboat, this may sound like an excellent use of a few spare hours. If not, you should be devotedly focused on addressing the systems and constructed institutions which must be repaired in order to prevent the ship from sinking. To beat this dead metaphor once more; you do not save a sinking ship solely by bailing water. The hole in the hull must be repaired.
Choose what metaphor you will, be it "Pick Your Battles", "There Are Bigger Fish To Fry", what have you. What matters is that we come together as concerned citizens and address the underlying systemic problems that have created the daily issues that Citizens and elected Representatives around the nation and the world are grappling with.
Showing posts with label government. Show all posts
Showing posts with label government. Show all posts
Thursday, March 3, 2011
Sunday, June 20, 2010
BP Executives And US Regulators Bushwacked All Forms Of Life
By J Speer Williams
By injecting over a million gallons of their deadly, neuro-toxic Corexit into our Gulf waters, British Petroleum (BP) executives and US government regulators bushwhacked marine, plant, animal, and human life. (Ref: The official website of the Deepwater Horizon Unified Command)
Instead of vacuuming up the floating Gulf oil with the super tankers at BP's disposal, then using safe oil dispersants, with bacteria to bio-degrade the remaining oil, BP executives, with US government approval, dumped over a million gallons of the neuro-toxic pesticide Corexit at the damaged well head (256,000 gallons) and on the surface waters above (765,000 gallons).
Immediately, this release of so much Corexit resulted in two irreversible catastrophes: It caused all floating oil to submerge and disperse into gigantic plumes, each about ten times more poisonous than crude oil without the Corexit neuro-toxin.
According to Pulitzer-prize winning science writer Professor Deborah Blum, Corexit, itself is about four times more toxic than crude oil, but when Corexit is mixed with crude oil the mixture's toxicity grows exponentially to about ten times the toxicity of crude oil alone.
As these monstrously large and lethal plumes can now never be cleaned up, we are left to contend with the Corexit/crude oil mixture as it comes ashore and its poisons carry across our lands.
Having already added huge dead zones to the Gulf of Mexico, these ghastly Corexit and oil plumes will continue making their way into the Atlantic Ocean for even more killing. This Corexit and Louisiana crude oil monstrosity, however, will not contain its ecocide to oceans, its murder of our environments will surely continue many miles inland.
This wickedly contrived Corexit/Louisiana crude oil concoction will move into our atmosphere and travel across North America, eventually falling as precipitations of death in rain and snow, perhaps killing everything it touches for years to come.
And while BP executives and US regulators can plead "unintended consequences" for their Gulf well explosion, and maybe for a tsunami from a volcanic eruption, they are all manifestly guilty of poisoning the Gulf and Atlantic Oceans and killing untold amounts of life.
Those who are addicted to the propaganda of the major corporate media, might think Corexit was used merely to hide the extent of the escaping oil, in order to reduce BP's ultimate financial liability.
But if that were true BP could have used anyone one of a dozen dispersants that would have better hidden the oil. Instead, BP chose the most lethal dispersants in existence, Corexit 9500 and 9527.
Where are the indictments for international crimes against humanity and our environment?
But then again, criminals in governments do not indict corporate criminals, outside of carefully planned set-ups and double crosses; public and private criminals are known to consort with each other, at the expense of the rest of us.
But in the bigger picture there is a war being waged - by the owners of governments and mega-corporations - for far more than money, natural resources, drugs, power, or sex; it's a war for our eternal souls, which has long been conducted by systematically killing Mother Earth and the life she sustains.
Earthlings are in the thrall of dark diabolic forces, who have direct control of all central banks, multi- national corporations, and national governments.
But by invoking divine grace, we the people can counter the dark with love, light, and prayer; thus returning to our world more balance. The darkly inclined are powerless against the love and light of universal prayer.
Louisiana state senators have designed a day of prayer to deal with the Gulf catastrophes and have urged other state leaders to do the same.
"Thus far efforts made by morals to try to solve the crises has been to no avail," state Sen. Robert Adley said in a statement released after the chamber's unanimous vote for the day of prayer. "It's clearly time for a miracle for us."
J. Speer-Williams
jsw4@mac.com
By injecting over a million gallons of their deadly, neuro-toxic Corexit into our Gulf waters, British Petroleum (BP) executives and US government regulators bushwhacked marine, plant, animal, and human life. (Ref: The official website of the Deepwater Horizon Unified Command)
Instead of vacuuming up the floating Gulf oil with the super tankers at BP's disposal, then using safe oil dispersants, with bacteria to bio-degrade the remaining oil, BP executives, with US government approval, dumped over a million gallons of the neuro-toxic pesticide Corexit at the damaged well head (256,000 gallons) and on the surface waters above (765,000 gallons).
Immediately, this release of so much Corexit resulted in two irreversible catastrophes: It caused all floating oil to submerge and disperse into gigantic plumes, each about ten times more poisonous than crude oil without the Corexit neuro-toxin.
According to Pulitzer-prize winning science writer Professor Deborah Blum, Corexit, itself is about four times more toxic than crude oil, but when Corexit is mixed with crude oil the mixture's toxicity grows exponentially to about ten times the toxicity of crude oil alone.
As these monstrously large and lethal plumes can now never be cleaned up, we are left to contend with the Corexit/crude oil mixture as it comes ashore and its poisons carry across our lands.
Having already added huge dead zones to the Gulf of Mexico, these ghastly Corexit and oil plumes will continue making their way into the Atlantic Ocean for even more killing. This Corexit and Louisiana crude oil monstrosity, however, will not contain its ecocide to oceans, its murder of our environments will surely continue many miles inland.
This wickedly contrived Corexit/Louisiana crude oil concoction will move into our atmosphere and travel across North America, eventually falling as precipitations of death in rain and snow, perhaps killing everything it touches for years to come.
And while BP executives and US regulators can plead "unintended consequences" for their Gulf well explosion, and maybe for a tsunami from a volcanic eruption, they are all manifestly guilty of poisoning the Gulf and Atlantic Oceans and killing untold amounts of life.
Those who are addicted to the propaganda of the major corporate media, might think Corexit was used merely to hide the extent of the escaping oil, in order to reduce BP's ultimate financial liability.
But if that were true BP could have used anyone one of a dozen dispersants that would have better hidden the oil. Instead, BP chose the most lethal dispersants in existence, Corexit 9500 and 9527.
Where are the indictments for international crimes against humanity and our environment?
But then again, criminals in governments do not indict corporate criminals, outside of carefully planned set-ups and double crosses; public and private criminals are known to consort with each other, at the expense of the rest of us.
But in the bigger picture there is a war being waged - by the owners of governments and mega-corporations - for far more than money, natural resources, drugs, power, or sex; it's a war for our eternal souls, which has long been conducted by systematically killing Mother Earth and the life she sustains.
Earthlings are in the thrall of dark diabolic forces, who have direct control of all central banks, multi- national corporations, and national governments.
But by invoking divine grace, we the people can counter the dark with love, light, and prayer; thus returning to our world more balance. The darkly inclined are powerless against the love and light of universal prayer.
Louisiana state senators have designed a day of prayer to deal with the Gulf catastrophes and have urged other state leaders to do the same.
"Thus far efforts made by morals to try to solve the crises has been to no avail," state Sen. Robert Adley said in a statement released after the chamber's unanimous vote for the day of prayer. "It's clearly time for a miracle for us."
J. Speer-Williams
jsw4@mac.com
Friday, April 16, 2010
!!!!!!!! WE'RE SCREWED !!!!!!!!
Text of S. 3081: Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010
Mar 4, 2010 - Introduced in Senate. This is the original text of the bill as it was written by its sponsor and submitted to the Senate for consideration. This is the latest version of the bill currently available on GovTrack.
S 3081 IS
111th CONGRESS
2d Session
S. 3081
To provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 4, 2010
Mr. MCCAIN (for himself, Mr. LIEBERMAN, Mr. INHOFE, Mr. BROWN of Massachusetts, Mr. WICKER, Mr. CHAMBLISS, Mr. LEMIEUX, Mr. SESSIONS, and Mr. VITTER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
--------------------------------------------------------------------------------
A BILL
To provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010’.
SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN MILITARY CUSTODY.
(a) Military Custody Requirement- Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act.
(b) Reasonable Delay for Intelligence Activities- An individual who may be an unprivileged enemy belligerent and who is initially captured or otherwise comes into the custody or under the effective control of the United States by an intelligence agency of the United States may be held, interrogated, or transported by the intelligence agency and placed into military custody for purposes of this Act if retained by the United States within a reasonable time after the capture or coming into the custody or effective control by the intelligence agency, giving due consideration to operational needs and requirements to avoid compromise or disclosure of an intelligence mission or intelligence sources or methods.
SEC. 3. INTERROGATION AND DETERMINATION OF STATUS OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS.
(a) Establishment of Interrogation Groups-
(1) ESTABLISHMENT AUTHORIZED- The President is authorized to establish an interagency team for purposes as follows:
(A) To interrogate under subsection (b) individuals placed in military custody under section 2.
(B) To make under subsection (c)(1) a preliminary determination of the status of individuals described in section 2.
(2) COMPOSITION- Each interagency team under this subsection shall be composed of such personnel of the Executive Branch having expertise in matters relating to national security, terrorism, intelligence, interrogation, or law enforcement as the President considers appropriate. The members of any particular interagency team may vary depending on the skills most relevant to a particular case.
(3) DESIGNATIONS-
(A) HIGH-VALUE DETAINEE- An individual placed in military custody under section 2 shall, while subject to interrogation and determination of status under this section, be referred to as a ‘high-value detainee’ if the individual meets the criteria for treatment as such established in the regulations required by subsection (d).
(B) HIGH-VALUE DETAINEE INTERROGATION GROUP- An interagency team established under this subsection shall be known as a ‘high-value detainee interrogation group’.
(b) Interrogations-
(1) INTERROGATIONS TO BE CONDUCTED BY HIGH-VALUE DETAINEE INTERROGATION GROUP- A high-value detainee interrogation group established under this section shall conduct the interrogations of each high-value detainee.
(2) UTILIZATION OF OTHER PERSONNEL- A high-value detainee interrogation group may utilize military and intelligence personnel, and Federal, State, and local law enforcement personnel, in conducting interrogations of a high-value detainee. The utilization of such personnel for the interrogation of a detainee shall not alter the responsibility of the interrogation group for the coordination within the Executive Branch of the interrogation of the detainee or the determination of status and disposition of the detainee under this Act.
(3) INAPPLICABILITY OF CERTAIN STATEMENT AND RIGHTS- A individual who is suspected of being an unprivileged enemy belligerent shall not, during interrogation under this subsection, be provided the statement required by Miranda v. Arizona (384 U.S. 436 (1966)) or otherwise be informed of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona.
(c) Determinations of Status-
(1) PRELIMINARY DETERMINATION BY HIGH-VALUE DETAINEE INTERROGATION GROUP- The high-value detainee interrogation group responsible for interrogating a high-value detainee under subsection (b) shall make a preliminary determination whether or not the detainee is an unprivileged enemy belligerent. The interrogation group shall make such determination based on the result of its interrogation of the individual and on all intelligence information available to the interrogation group. The interrogation group shall, after consultation with the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Director of the Central Intelligence Agency, submit such determination to the Secretary of Defense and the Attorney General.
(2) FINAL DETERMINATION- As soon as possible after receipt of a preliminary determination of status with respect to a high-value detainee under paragraph (1), the Secretary of Defense and the Attorney General shall jointly submit to the President and to the appropriate committees of Congress a final determination whether or not the detainee is an unprivileged enemy belligerent for purposes of this Act. In the event of a disagreement between the Secretary of Defense and the Attorney General, the President shall make the final determination.
(3) DEADLINE FOR DETERMINATIONS- All actions required regarding a high-value detainee under this subsection shall, to the extent practicable, be completed not later than 48 hours after the detainee is placed in military custody under section 2.
(d) Regulations-
(1) IN GENERAL- The operations and activities of high-value detainee interrogation groups under this section shall be governed by such regulations and guidance as the President shall establish for purposes of implementing this section. The regulations shall specify the officer or officers of the Executive Branch responsible for determining whether an individual placed in military custody under section 2 meets the criteria for treatment as a high-value detainee for purposes of interrogation and determination of status by a high-value interrogation group under this section.
(2) CRITERIA FOR DESIGNATION OF INDIVIDUALS AS HIGH-VALUE DETAINEES- The regulations required by this subsection shall include criteria for designating an individual as a high-value detainee based on the following:
(A) The potential threat the individual poses for an attack on civilians or civilian facilities within the United States or upon United States citizens or United States civilian facilities abroad at the time of capture or when coming under the custody or control of the United States.
(B) The potential threat the individual poses to United States military personnel or United States military facilities at the time of capture or when coming under the custody or control of the United States.
(C) The potential intelligence value of the individual.
(D) Membership in al Qaeda or in a terrorist group affiliated with al Qaeda.
(E) Such other matters as the President considers appropriate.
(3) PARAMOUNT PURPOSE OF INTERROGATIONS- The regulations required by this subsection shall provide that the paramount purpose of the interrogation of high-value detainees under this Act shall be the protection of United States civilians and United States civilian facilities through thorough and professional interrogation for intelligence purposes.
(4) SUBMITTAL TO CONGRESS- The President shall submit the regulations and guidance required by this subsection to the appropriate committees of Congress not later than 60 days after the date of the enactment of this Act.
SEC. 4. LIMITATION ON PROSECUTION OF ALIEN UNPRIVILEGED ENEMY BELLIGERENTS.
(a) Limitation- No funds appropriated or otherwise made available to the Department of Justice may be used to prosecute in an Article III court in the United States, or in any territory or possession of the United States, any alien who has been determined to be an unprivileged enemy belligerent under section 3(c)(2).
(b) Applicability Pending Final Determination of Status- While a final determination on the status of an alien high-value detainee is pending under section 3(c)(2), the alien shall be treated as an unprivileged enemy belligerent for purposes of subsection (a).
SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS.
An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3(c)(2) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities.
SEC. 6. DEFINITIONS.
In this Act:
(1) ACT OF TERRORISM- The term ‘act of terrorism’ means an act of terrorism as that term is defined in section 101(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16)).
(2) ALIEN- The term ‘alien’ means an individual who is not a citizen of the United States.
(3) APPROPRIATE COMMITTEES OF CONGRESS- The term ‘appropriate committees of Congress’ means--
(A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives.
(4) ARTICLE III COURT- The term ‘Article III court’ means a court of the United States established under Article III of the Constitution of the United States.
(5) COALITION PARTNER- The term ‘coalition partner’, with respect to hostilities engaged in by the United States, means any State or armed force directly engaged along with the United States in such hostilities or providing direct operational support to the United States in connection with such hostilities.
(6) GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR- The term ‘Geneva Convention Relative to the Treatment of Prisoners of War’ means the Geneva Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316).
(7) HOSTILITIES- The term ‘hostilities’ means any conflict subject to the laws of war, and includes a deliberate attack upon civilians and civilian targets protected by the laws of war.
(8) PRIVILEGED BELLIGERENT- The term ‘privileged belligerent’ means an individual belonging to one of the eight categories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War.
(9) UNPRIVILEGED ENEMY BELLIGERENT- The term ‘unprivileged enemy belligerent’ means an individual (other than a privileged belligerent) who--
(A) has engaged in hostilities against the United States or its coalition partners;
(B) has purposely and materially supported hostilities against the United States or its coalition partners; or
(C) was a part of al Qaeda at the time of capture.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals who are captured or otherwise come into the custody or under the effective control of the United States on or after that date.
This bill is very large, and loading it may cause your web browser to perform sluggishly, or even freeze. This is especially true for old and/or bad browsers. As an alternative you can download the PDF of the bill or read the text on THOMAS.
Continue on to the bill...
Mar 4, 2010 - Introduced in Senate. This is the original text of the bill as it was written by its sponsor and submitted to the Senate for consideration. This is the latest version of the bill currently available on GovTrack.
S 3081 IS
111th CONGRESS
2d Session
S. 3081
To provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 4, 2010
Mr. MCCAIN (for himself, Mr. LIEBERMAN, Mr. INHOFE, Mr. BROWN of Massachusetts, Mr. WICKER, Mr. CHAMBLISS, Mr. LEMIEUX, Mr. SESSIONS, and Mr. VITTER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
--------------------------------------------------------------------------------
A BILL
To provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010’.
SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN MILITARY CUSTODY.
(a) Military Custody Requirement- Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act.
(b) Reasonable Delay for Intelligence Activities- An individual who may be an unprivileged enemy belligerent and who is initially captured or otherwise comes into the custody or under the effective control of the United States by an intelligence agency of the United States may be held, interrogated, or transported by the intelligence agency and placed into military custody for purposes of this Act if retained by the United States within a reasonable time after the capture or coming into the custody or effective control by the intelligence agency, giving due consideration to operational needs and requirements to avoid compromise or disclosure of an intelligence mission or intelligence sources or methods.
SEC. 3. INTERROGATION AND DETERMINATION OF STATUS OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS.
(a) Establishment of Interrogation Groups-
(1) ESTABLISHMENT AUTHORIZED- The President is authorized to establish an interagency team for purposes as follows:
(A) To interrogate under subsection (b) individuals placed in military custody under section 2.
(B) To make under subsection (c)(1) a preliminary determination of the status of individuals described in section 2.
(2) COMPOSITION- Each interagency team under this subsection shall be composed of such personnel of the Executive Branch having expertise in matters relating to national security, terrorism, intelligence, interrogation, or law enforcement as the President considers appropriate. The members of any particular interagency team may vary depending on the skills most relevant to a particular case.
(3) DESIGNATIONS-
(A) HIGH-VALUE DETAINEE- An individual placed in military custody under section 2 shall, while subject to interrogation and determination of status under this section, be referred to as a ‘high-value detainee’ if the individual meets the criteria for treatment as such established in the regulations required by subsection (d).
(B) HIGH-VALUE DETAINEE INTERROGATION GROUP- An interagency team established under this subsection shall be known as a ‘high-value detainee interrogation group’.
(b) Interrogations-
(1) INTERROGATIONS TO BE CONDUCTED BY HIGH-VALUE DETAINEE INTERROGATION GROUP- A high-value detainee interrogation group established under this section shall conduct the interrogations of each high-value detainee.
(2) UTILIZATION OF OTHER PERSONNEL- A high-value detainee interrogation group may utilize military and intelligence personnel, and Federal, State, and local law enforcement personnel, in conducting interrogations of a high-value detainee. The utilization of such personnel for the interrogation of a detainee shall not alter the responsibility of the interrogation group for the coordination within the Executive Branch of the interrogation of the detainee or the determination of status and disposition of the detainee under this Act.
(3) INAPPLICABILITY OF CERTAIN STATEMENT AND RIGHTS- A individual who is suspected of being an unprivileged enemy belligerent shall not, during interrogation under this subsection, be provided the statement required by Miranda v. Arizona (384 U.S. 436 (1966)) or otherwise be informed of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona.
(c) Determinations of Status-
(1) PRELIMINARY DETERMINATION BY HIGH-VALUE DETAINEE INTERROGATION GROUP- The high-value detainee interrogation group responsible for interrogating a high-value detainee under subsection (b) shall make a preliminary determination whether or not the detainee is an unprivileged enemy belligerent. The interrogation group shall make such determination based on the result of its interrogation of the individual and on all intelligence information available to the interrogation group. The interrogation group shall, after consultation with the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Director of the Central Intelligence Agency, submit such determination to the Secretary of Defense and the Attorney General.
(2) FINAL DETERMINATION- As soon as possible after receipt of a preliminary determination of status with respect to a high-value detainee under paragraph (1), the Secretary of Defense and the Attorney General shall jointly submit to the President and to the appropriate committees of Congress a final determination whether or not the detainee is an unprivileged enemy belligerent for purposes of this Act. In the event of a disagreement between the Secretary of Defense and the Attorney General, the President shall make the final determination.
(3) DEADLINE FOR DETERMINATIONS- All actions required regarding a high-value detainee under this subsection shall, to the extent practicable, be completed not later than 48 hours after the detainee is placed in military custody under section 2.
(d) Regulations-
(1) IN GENERAL- The operations and activities of high-value detainee interrogation groups under this section shall be governed by such regulations and guidance as the President shall establish for purposes of implementing this section. The regulations shall specify the officer or officers of the Executive Branch responsible for determining whether an individual placed in military custody under section 2 meets the criteria for treatment as a high-value detainee for purposes of interrogation and determination of status by a high-value interrogation group under this section.
(2) CRITERIA FOR DESIGNATION OF INDIVIDUALS AS HIGH-VALUE DETAINEES- The regulations required by this subsection shall include criteria for designating an individual as a high-value detainee based on the following:
(A) The potential threat the individual poses for an attack on civilians or civilian facilities within the United States or upon United States citizens or United States civilian facilities abroad at the time of capture or when coming under the custody or control of the United States.
(B) The potential threat the individual poses to United States military personnel or United States military facilities at the time of capture or when coming under the custody or control of the United States.
(C) The potential intelligence value of the individual.
(D) Membership in al Qaeda or in a terrorist group affiliated with al Qaeda.
(E) Such other matters as the President considers appropriate.
(3) PARAMOUNT PURPOSE OF INTERROGATIONS- The regulations required by this subsection shall provide that the paramount purpose of the interrogation of high-value detainees under this Act shall be the protection of United States civilians and United States civilian facilities through thorough and professional interrogation for intelligence purposes.
(4) SUBMITTAL TO CONGRESS- The President shall submit the regulations and guidance required by this subsection to the appropriate committees of Congress not later than 60 days after the date of the enactment of this Act.
SEC. 4. LIMITATION ON PROSECUTION OF ALIEN UNPRIVILEGED ENEMY BELLIGERENTS.
(a) Limitation- No funds appropriated or otherwise made available to the Department of Justice may be used to prosecute in an Article III court in the United States, or in any territory or possession of the United States, any alien who has been determined to be an unprivileged enemy belligerent under section 3(c)(2).
(b) Applicability Pending Final Determination of Status- While a final determination on the status of an alien high-value detainee is pending under section 3(c)(2), the alien shall be treated as an unprivileged enemy belligerent for purposes of subsection (a).
SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS.
An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3(c)(2) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities.
SEC. 6. DEFINITIONS.
In this Act:
(1) ACT OF TERRORISM- The term ‘act of terrorism’ means an act of terrorism as that term is defined in section 101(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16)).
(2) ALIEN- The term ‘alien’ means an individual who is not a citizen of the United States.
(3) APPROPRIATE COMMITTEES OF CONGRESS- The term ‘appropriate committees of Congress’ means--
(A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives.
(4) ARTICLE III COURT- The term ‘Article III court’ means a court of the United States established under Article III of the Constitution of the United States.
(5) COALITION PARTNER- The term ‘coalition partner’, with respect to hostilities engaged in by the United States, means any State or armed force directly engaged along with the United States in such hostilities or providing direct operational support to the United States in connection with such hostilities.
(6) GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR- The term ‘Geneva Convention Relative to the Treatment of Prisoners of War’ means the Geneva Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316).
(7) HOSTILITIES- The term ‘hostilities’ means any conflict subject to the laws of war, and includes a deliberate attack upon civilians and civilian targets protected by the laws of war.
(8) PRIVILEGED BELLIGERENT- The term ‘privileged belligerent’ means an individual belonging to one of the eight categories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War.
(9) UNPRIVILEGED ENEMY BELLIGERENT- The term ‘unprivileged enemy belligerent’ means an individual (other than a privileged belligerent) who--
(A) has engaged in hostilities against the United States or its coalition partners;
(B) has purposely and materially supported hostilities against the United States or its coalition partners; or
(C) was a part of al Qaeda at the time of capture.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals who are captured or otherwise come into the custody or under the effective control of the United States on or after that date.
This bill is very large, and loading it may cause your web browser to perform sluggishly, or even freeze. This is especially true for old and/or bad browsers. As an alternative you can download the PDF of the bill or read the text on THOMAS.
Continue on to the bill...
Subscribe to:
Posts (Atom)
