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New Bill Authorizes Rendition of American Citizens Living within the United States to Other Countries for Torture

George Washington's picture




 

Top experts say that the newly-passed National Defense Authorization Act authorizes indefinite detention of Americans living within the United States.

Top legal experts point out that the government claims the right to assassinate American citizens on U.S. soil without any charge or trial or other Constitutional protection.

I noted last month that Congress was considering repealing prohibitions against torture. (I wrote to attorneys at the ACLU, but haven't received word yet on whether or such a provision has been enacted).

However, Mother Jones notes today that Congress has explicitly authorized rendition, allowing American Citizens on U.S. soil to be sent to other countries which do torture:

A defense spending bill that passed both houses of Congress overwhelmingly and is set to be signed by President Barack Obama as early as this week could make it easier for the government to transfer American terrorist suspects to foreign regimes and security forces.

 

The National Defense Authorization Act (PDF) contains a section that says the president has the power to transfer suspected members and supporters of Al Qaeda, the Taliban, or "associated" groups "to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity."

 

That means if the president determines you're a member or supporter of Al Qaeda or "associated forces," he could order you to be handed over to the Saudis, the Egyptians, the Yemenis ("any other foreign country"), any of their respective security forces, or even the United Nations ("any other foreign entity"). (You can read the relevant section of the law in the document viewer at the end of this article; look for the highlighted annotations.)

 

***

 

[Daphne Eviatar, a lawyer with Human Rights First] adds that there are "a whole lot of scenarios" where the government might want to transfer a suspected terrorist—even a US citizen—to foreign custody. For example, the administration might not want to go through the political mess of determining whether to send a suspect to Gitmo, try him in a military commission, or use the civilian system. The administration might also want to avoid the mandatory habeas corpus review that would come if the US held the suspect itself. In such a case, transferring the suspect to a foreign security force might present an appealing option.

 

***

 

You can read the detention and transfer provisions of the NDAA here ...

The Founding Fathers would not recognize this nation as America.

 

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Wed, 12/21/2011 - 21:49 | 2003141 caconhma
caconhma's picture

 Smokey1

People like you are very sick and very dangerous.

Back in the old Soviet Union and the revolutionary France, people like you have commited terrible crimes in the name of the State, but then, they were brutally executed. Nobody wants to live with mad dogs.

You should feel sorry for yourself.

Wed, 12/21/2011 - 22:58 | 2003270 Smokey1
Smokey1's picture

You are a fucking fool, and your Soviet Union/France idiotic analogy bears witness to that fact.

People that are dangerous are the ones like George Washington who implicitly encourage violent revolt under the guise of stopping government overreach. People like George Washington, whose every article motherfucks this country---and dupes like you who swallow it whole.

Dupes like you are who I feel sorry for.

Wed, 12/21/2011 - 21:09 | 2003062 Everybodys All ...
Everybodys All American's picture

The main point that you are missing is how this law just makes the US Constitution we all defend nearly worthless. The right to a trial by your peers is due any American citizen until this new law goes into effect. Writ of habeus corpus is so important to freedom loving people. Look at all the despot regimes around the world and what they have in common is the detention(jailing) of their opposition.

It is a slippery slope we go down with these types of laws. I'd be the first to pull the trigger on Al Qaeda but is that really what this law is about? I don't agree with George all that much but in this case I agree this is a law we can do without. In fact I'll be surprised if this is not deemed unconstitutional.

Wed, 12/21/2011 - 21:37 | 2003124 A Lunatic
A Lunatic's picture

Prepare to be surprised then.

 

Wed, 12/21/2011 - 21:03 | 2003052 ebworthen
ebworthen's picture

Oy vey Smokey1!

Supporting the fourth amendment of the U.S. Constitution is not communist.

Martin Luther King was not America bashing, but pointing to injustice and un-American conditions.

The Patriot Act and the recent detention bill may have had good "intentions", however, they allow for Nazi, Stalin, Mao style persecution of ANYONE with no protection under the law.

If you blindly support legislation and wave the flag with your eyes wide closed you are not protecting the Constitution or America.

Thu, 12/22/2011 - 07:57 | 2003705 Rakshas
Rakshas's picture

Good Evening Walmart Shoppers;

On special in our constitutional department we have 55Gr FMJ on special for all your second amendment needs.

In housewares waffle irons are two for one for the next 20 minutes

Thank you for shopping at Walmart this evening

 

Wed, 12/21/2011 - 21:54 | 2003150 Uncle Remus
Uncle Remus's picture

Pulling an LBJ only this time paving the road to hell.

Wed, 12/21/2011 - 20:25 | 2002970 Gringo Viejo
Gringo Viejo's picture

Smokey: I'm in my 60s and you're about as ignorant a fuck as I've ever run across. And in my time......I've met a few.

Wed, 12/21/2011 - 21:42 | 2003130 Havana White
Havana White's picture

Smokey didn't know of the ACLU until Fox News told him what to think and say about it  Under this new act he'll have lost his civil liberties along with everyone else.

Wed, 12/21/2011 - 22:05 | 2003161 robobbob
robobbob's picture

and morons propagating the left/right BS only helps the repression grow.

Wed, 12/21/2011 - 20:23 | 2002968 gorillaonyourback
gorillaonyourback's picture

smokey needs to smoke the end of shotgun, lololol this is what you get walkin zombies that listen to the good ole american propaganda

Wed, 12/21/2011 - 19:36 | 2002845 alien-IQ
alien-IQ's picture

Not only are you a coward, but you are also immoral, a fascist and a fucking traitor.

"He who is not angry when there is just cause for anger is immoral. Why? Because anger looks to the good of justice. And if you can live amid injustice without anger, you are immoral as well as unjust." - Aquinas   

Wed, 12/21/2011 - 19:45 | 2002862 Xkwisetly Paneful
Xkwisetly Paneful's picture

WOW what an upset!

His fixation on America and torture borders on pathogical,

your response merely pavlovian.

Wed, 12/21/2011 - 19:53 | 2002892 alien-IQ
alien-IQ's picture

You really should learn how to structure a sentence.

You make no sense at all.

Wed, 12/21/2011 - 19:52 | 2002889 MobBarley
MobBarley's picture

So you disparage biological needs do you?

"Who doesn't love but the unnatural" - Charlie Chaplin, the Great Dictator.

You failed to divert attention from TREASON.

TIS THE SEASON OF TREASON, APPARENTLY SO

WHEN KEYBOARDS BE GIVEN TO COWARDS BELOW

FROM HELL TO POST CONFUSION AND PAIN

SO AS TO ATTEMPT TO RECEIVE A LIGHTER SENTENCE

FROM THE WARDEN

Good luck with that grand cosmic ego trip you are on.

 

 

Wed, 12/21/2011 - 19:30 | 2002830 alien-IQ
alien-IQ's picture

"There comes a time when the operation of the machine becomes so odious, makes you so sick at heart, that you can't take part; you can't even passively take part, and you've got to put your bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus, and you've got to make it stop. And you've got to indicate to the people who run it, to the people who own it, that unless you're free, the machine will be prevented from working at all!"

Mario Savio

That time is NOW!

Wed, 12/21/2011 - 19:27 | 2002823 Henry Hub
Henry Hub's picture

The truth is a "terrorist" is anything the government say it is. Today it means a supporter of Al Qaeda, the Taliban, or "associated" groups. Tomorrow it could mean anyone in OWS or maybe anyone that hasn't turned in their firearms...

Thu, 12/22/2011 - 00:36 | 2003446 Sun Tsu
Sun Tsu's picture

The Taliban?  VP Joe said "no".  Say it's not so Henry.

Wed, 12/21/2011 - 21:10 | 2003064 DosZap
DosZap's picture

Henry Hub

Bingo, JUST exactly what I have told BOTH my SENATORS who SWEAR it does not pertain to US Citizens,living in America.

I said WHEN they do it just like they have DONE RICO, WE WILL DISCUSS it further............in PERSON.

Give those bstds an inch, and they take your LIFE.

I had an ongoing email fest w/ONE particular Senator, high ranking.I flat out told him your WRONG, and the devils are in the details.

JUST the fact they got it PASSED  means FAIR GAME.

Wed, 12/21/2011 - 20:32 | 2002988 ucsbcanuck
ucsbcanuck's picture

Or even a ZH follower?

Wed, 12/21/2011 - 19:25 | 2002811 Hannibal
Hannibal's picture

Gitmo got plenty of private "rooms" and torturous activities, no cable or wifi thought! 

Wed, 12/21/2011 - 19:02 | 2002746 Yen Cross
Yen Cross's picture

 Doves/Hawks.   It's meaningless next November. I cracked my guns out of storage.

Wed, 12/21/2011 - 18:59 | 2002736 Gringo Viejo
Gringo Viejo's picture

'Spect I'll be one of the first to go. Just the same, fuck you McCain, you dishonorable fuck!

Thu, 12/22/2011 - 00:19 | 2003420 Joseph Jones
Joseph Jones's picture

McCain's father insured Israel got away scot free after murdering in cold blood US Navy Sailors on the USS Liberty.  Numerous Israeli (notice: not "Israelite") planes attacked the Liberty.  USS Sailors (a few still living) swear to this day they saw the pilots faces as the Israelis killed their fellow sailors.  

 

Wed, 12/21/2011 - 19:56 | 2002900 MobBarley
MobBarley's picture

That made me laugh.

Dishonorable fuck.

I can't imagine a more belittling appelation for anyone.

Satan is a dishonorable fuck.

 

Wed, 12/21/2011 - 20:57 | 2003037 Westcoastliberal
Westcoastliberal's picture

So are all the members of CON-gress who voted for this bill, along with Obama who first said he wouldn't sign it then flip-flopped.  They're traitors AND dishonorable fucks!

Wed, 12/21/2011 - 18:55 | 2002725 acrabbe
acrabbe's picture

i actually relocated out of the us a month ago to west africa. trying to put myself on the less tragic bloody scary side of this paradigm shift. beware lest you end up like the frog in the frying pan who finally decides to jump and lands back in the pan. rubberized! goodluck trying to protect your spot on the lifeboat from the other zombies on the uss titanic. row! row!

Wed, 12/21/2011 - 19:58 | 2002914 MobBarley
MobBarley's picture

"He who runs like a pansy ass coward trying to save his pathetic miserable life shall lose it, and whosoever stands his ground like a man, even if he lose his life, shall save it' - Jesus Christ

 

Wed, 12/21/2011 - 21:25 | 2003085 Goldilocks
Goldilocks's picture

Fantastic!!! ;-)

~//~

Bob Marley - Smoke Two Joints
http://www.youtube.com/watch?v=H6cVmx5bOaU

"Smoke Two Joints" lyrics- Sublime
http://www.youtube.com/watch?v=DIEvHCyb4Ms

Wed, 12/21/2011 - 20:58 | 2003042 nmewn
nmewn's picture

I'm pretty sure that misquoting Christ is not going to bring the righteously indignant around to your way of thinking...lol.

Try this...

It's better to die on your feet than to live on your knees!-Zapata

An observation, the parallels between his time (Zapata's) and our time is striking.

Wed, 12/21/2011 - 22:26 | 2003203 New_Meat
New_Meat's picture

greenie on ya'

but then, Zapata's outcome wasn't so good--but was enough to get the "99%" energized.  How'd that work out?

dang.

- Ned

{OK--ear-worm, Shania Twain?}

{{Sniper's comment: "Don't run, you'll just die tired"}}

Wed, 12/21/2011 - 23:28 | 2003338 nmewn
nmewn's picture

"How'd that work out?"

lol...I never fancied myself a martyr but...

Can you imagine the general MSM hysteria and blushing embarrassment of the politicians involved in sticking their camel-like nose under this particular tent (the amendment to the defense bill) if only a thousand patriots showed up in DC with fake bomb vests on?!?!?

Why...I have goose bumps just thinkin about it ;-)

Wed, 12/21/2011 - 22:23 | 2003196 Goldilocks
Goldilocks's picture

Charlton Heston; From My Cold Dead Hands. Long Version - YouTube (2:46)
http://www.youtube.com/watch?v=5ju4Gla2odw

Wed, 12/21/2011 - 18:49 | 2002705 DymanicDoug
DymanicDoug's picture

BULLSHIT.....chapter and verse....George have YOU

even read the dam thing??? 

  dam tool

Wed, 12/21/2011 - 21:01 | 2003045 Westcoastliberal
Westcoastliberal's picture

Before calling bullshit on George, you had better go read the bill.  I did and that's what it says.  Apologize now, nitwit!

Wed, 12/21/2011 - 23:03 | 2003279 alien-IQ
alien-IQ's picture

He can't read...or write...or think for himself.

He's just repeating what he was told to repeat while watching the idiot box.

Wed, 12/21/2011 - 18:48 | 2002698 Rob130
Rob130's picture

This clause does not inspire confidence. Maybe not a requirement applicable to citizens, but maybe someone in authority can "recommend" detention. My Senator, Rubio, wrote me and assured me citizens are exempt from dention under the law, but I don't get a warm and fuzzy from the language in the bill.

 

(b) APPLICABILITY TO UNITED STATES CITIZEN SAND 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.

Wed, 12/21/2011 - 22:11 | 2003174 robobbob
robobbob's picture

who the hell red arrowed an actual quote?

Are we now denying the existance of facts?

in support of a fellow rob-X

Wed, 12/21/2011 - 20:37 | 2002998 alien-IQ
alien-IQ's picture

Marco Rubio...he's an idiot. I'm in Florida also.

I can pretty safely guarantee you he never read the Bill. They hardly ever do, they just vote the way their donors tell them to vote. The BIG donors...not the $100 crowd. They don't count...nor do their votes.

Wed, 12/21/2011 - 20:49 | 2003016 Rob130
Rob130's picture

I'll post his response when I gat it. Might be a week from now so this will be page 12 by the time I hear back. I am sure his

resposne was drafted by some intern, but I told him I needed a statement to the effect:

an irrefutable statement that it is an impossibility for a U.S. Citizen or Resident Alien to be subjected  to ANY form of detention contrary to the Constitutionfor any reason what so ever.

Safety Harbor sends

Wed, 12/21/2011 - 19:10 | 2002777 CH1
CH1's picture

The requirement to detain a person... does not extend to citizens of the United States.

Translation: They don't HAVE TO cage you, but they can.

More specific analysis: http://www.globalspeculations.com/2011/12/what-the-defense-authorization...

Wed, 12/21/2011 - 19:30 | 2002829 George Washington
Wed, 12/21/2011 - 18:59 | 2002733 honestann
honestann's picture

Read the rest.  It is carefully crafted to require extremely careful reading to recognize the more egregious aspects.

Wed, 12/21/2011 - 18:48 | 2002697 Bindar Dundat
Wed, 12/21/2011 - 18:35 | 2002650 tony bonn
tony bonn's picture

satan is alive and well in these united states.....

thanks for reporting on the barbarity, cruelty, and psychopathy of the executive, congress, and judiciary....this is a declaration of war against the people of the united states....

Wed, 12/21/2011 - 21:11 | 2003067 Hugh G Rection
Hugh G Rection's picture

Yep, every senator and congressman that voted for this abortion committed public treason.

Wed, 12/21/2011 - 21:28 | 2003105 A Lunatic
A Lunatic's picture

So what.

Thu, 12/22/2011 - 01:55 | 2003556 Hugh G Rection
Hugh G Rection's picture

So what?
I take your meaning to be "what am I going to do about it?"
Provocateurs abound on the net, and I think violence is the response they want. I'd prefer to debate rule of law and the constitution.

I know when we're being "nudged". If Ron Paul makes it into the executive branch that's a big correction, and a huge nonviolent victory.

Wed, 12/21/2011 - 18:31 | 2002639 non_anon
non_anon's picture

Ah, I've never been on a foreign vacation

Wed, 12/21/2011 - 19:22 | 2002806 my puppy for prez
my puppy for prez's picture

Egypt, anyone?

I hear the pyramids are NICE this time of year!

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