You might be an enemy belligerent if…

By Barbara H. Peterson

Well folks, they’re at it again. This time we are all included. Yep, that’s right. We are all enemy belligerents. And just why do I say that? I’ve read the thing, S. 3081 that is, and pondered on it for a bit, and there’s just no gettin’ around it. Cranky ol’ me and my obstinate ways just might classify me as belligerent in some way, shape or form. Yep, that’s right. You too, if you do any of the following:

You might be an enemy belligerent and detained without trial if…

You might know something that the government wants to know.

The president says so.

It is determined that you have links to Al-CIA-DA.

Hey, wait just a darn minute! Hold onto your horses, folks. Didn’t the U.S. government create Al-CIA-DA? According to this bill, that means that the U.S. government itself and all the staffers in it are subject to interrogation and detention without trial until whatever conflict is going on is over. This bill might not be so bad after all…

READ THE BILL:

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.

END

(C) 2010 Barbara H. Peterson

5 Responses

  1. Any law can be twisted so that honest folks are caught up. Writing laws is a difficult process. In a nation of over 300 mil., there are always going to be exceptions, and isolated e.g.’s of everything.

    The notion that the US govt. “created” Al Qaeda is nonsense. We did support forces that were fighting the Soviets in Afghanistan (“The enemy of my enemy is my friend” in international politics), and some of those forces morphed into Al Qaeda, which was a big surprise to us. But this is not the same as “creating” Al Qaeda.
    To counter Yassir Arafat’s PLO, the Israelis supported religious dissidents, who eventually became Hamas. But to say the Israelis “created” Hamas would be an incredible stretch, although conspiracy theorists have consistently shown great skill at stretching.
    bigkoala@verizon.net

  2. Stan,

    I have tried to communicate with you before, and you have ignored my attempts. Like I have stated before, back your assertions with references. This is not a forum that caters to hit and run posters, but serious people that have something to contribute other than mere opinion parroted from mainstream media outlets.

    Please provide support that the U.S. did not create Al Qaeda. Here are my references, where are yours?

    “Al Qaeda was created by the CIA, according to Richard Clark in his most recent book. It was created for Saudi Arabia to bankroll Osama bin Laden, through the House of Saud, “in the Afghan war against the Soviet Union during the 1980’s and Riyadh and Washington together contributed an estimated $3.5 billion to the mujahideen.””

    Excerpt taken from “How the US CIA created Al Qaeda”
    http://nbgazette.com/index.php?entry=entry091003-122740

  3. Stan, that is patently untrue. Operation Cyclone spent billions of US taxpayer dollars to create not only what morphed into al Qaeda (from the Maktab al-Khidamat), but also the creation of the Taliban via the Pakistani ISI. This is historic record, but it’s like there is a 30 year time frame lack of citizen awareness of US involvement in this process that led to 9/11. No one understands it or will look at this; it’s just lost in memory. [Specifically Operation Cyclone.] If you look at history, you can even see the wheels come off the bus of this covert gov’t plan gone awry under the Clinton administration in redacted documents in the National Security Archives where the Pakistani ISI ‘loses control’ of the Taliban.

    Guess what? We paid for all of this with our tax dollars. Terrorists are nothing more than covert agency plans gone awry. I’m not making this stuff up. Even Benazir Bhutto told GHW Bush that we were creating a Frankenstein. This ‘Muslim threat’ is our own doing. Get it? Even Zbig has no regrets saying, “What’s a few stirred up Muslims?” all the while pumping in billions of US tax dollars to fund these radical madrassas, hence the problem…. What happened between 1976-1992 is the key here.

    http://en.wikipedia.org/wiki/Operation_Cyclone

    http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB227/

  4. And BTW, guess who Brzezinski’s minion was at the time.

    Wait for it…

    Robert Gates.

  5. I guess that goes for the Kenyan Village Illegal Immigrant Idiot.
    It seems to me that Georgie Soros has pulled out on MR. Obama, see how scared he looks ????

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