Morning Briefing
December 16th, 2011
07:50 AM ET

Morning Briefing

The 1600 Report's daily roundup of what the White House is reading this morning online and in the papers:

Closing arguments made in final 2011 debate [CNN]

Romney’s got a new tag line for Obama foreign policy: ‘Pretty Please’ [WashPost]

FBI once considered sting against Gingrich [Washpost]

Agreement on shutdown.  How about payroll? [CNN

More bad poll numbers for Congress [WashPost]


soundoff (2 Responses)
  1. telriche

    Yesterday, a bill was signed into law as part of the Defense Act for 2012 that creates a state of continuous Martial Law in the

    United State of America without having declared Martial Law or having a reason as defined under the Constitution of the United

    States of America.
    This law legalizes the Unites Armed Forces as a Police Force on United States soil, an act of aggression against the citizens

    ...that has been fully illegal since our Civil War. In addition, it allows anyone suspected of terrorism or "belligerant acts"

    may be striped of rights to a trial and representation and held as an enemy combatant.
    In the bill, it details an exemption for United States citizens. However, that exemption and the other requirements for

    detainment may be waived at will by the President or the Sec of Defense. At will. At any time. For any reason.
    I am still outraged by this act. I am adrift and feel that I have begun to loose the country I so believed in.
    Welcome to the United Police State of America.

    Below is the excerpt of the law of which I speak.

    S. 1867: National Defense Authorization Act for Fiscal Year 2012
    This is an excerpt from the text of the bill (status: Engrossed in Senate). Jump to this paragraph in the full text.

    .
    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 of war.

    (b) Covered Persons- A covered person under this section is any person as follows:

    (1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001,

    or harbored those responsible for those attacks.

    (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 disposition of a person under the law of war as described in subsection (a) may

    include the following:

    (1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for

    Use of Military Force.

    (2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009

    (title XVIII of Public Law 111-84)).

    (3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.

    (4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other

    foreign entity.

    (d) Construction- Nothing in this section is intended 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 regarding the

    application of the authority described in this section, including the organizations, entities, and individuals considered to be

    ‘covered persons’ for purposes of subsection (b)(2).

    S. 1867: National Defense Authorization Act for Fiscal Year 2012
    This is an excerpt from the text of the bill (status: Engrossed in Senate). Jump to this paragraph in the full text.

    .
    SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.

    (a) Custody Pending Disposition Under Law of War-

    (1) 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.

    (2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under

    section 1031 who is determined–

    (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; and

    (B) to have participated in the course of planning or carrying out an attack or attempted attack against the United

    States or its coalition partners.

    (3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war

    has the meaning given in section 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be

    made unless consistent with the requirements of section 1033.

    (4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the

    Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in

    writing that such a waiver is in the national security interests 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 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.

    (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 implementing this section shall include, but not be limited to, procedures as

    follows:

    (A) Procedures designating the persons authorized to make determinations under subsection (a)(2) and the process by

    which such determinations are to be made.

    (B) Procedures providing that the requirement for military custody under subsection (a)(1) does not require the

    interruption of ongoing surveillance or intelligence gathering with regard to persons not already in the custody or control of

    the United States.

    (C) Procedures providing that a determination under subsection (a)(2) is not required to be implemented until after

    the conclusion of an interrogation 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 requirement for military custody under subsection (a)(1) does not apply when

    intelligence, law enforcement, or other government officials of the United States are granted access to an individual who remains

    in the custody of a third country.

    (E) Procedures providing that a certification of national security interests under subsection (a)(4) may be granted

    for the purpose of transferring a covered person from a third country if such a transfer is in the interest of the United States

    and could not otherwise be accomplished.

    (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 described 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.

    Notice that while it states an exception of United States citizens at first, it also states that the President and

    Sec of Defense may waive that limitation at any time for purposes of "National Security."

    December 16, 2011 at 11:30 am |
  2. 1FreeWorld

    In a couple of days,

    BHO will understand the position he is in.

    His Share-the-Wealth Advisors will not understand.

    Ir raan pushed BHO's nose into the rug and said do not O-W-S Pee here,
    spanking his butt and kicking BHO out the door,,,
    (for you guys in the Utopia, this means the holidays come early while BHO is in the area where the USS Arizon lays)

    BHO may have a real Conversion and throw his G-father of 20 years, under the bus.
    Ooops, he did that all ready!

    Maybe Far Far – Farr-akan away will explain it to him.
    Quad Won't or Addafi Can't,
    The latest ex-leader of folks with purple thumbs Can't.

    You know,,, I am just sayin'

    December 16, 2011 at 10:14 pm |