Enemy Belligerent Act 2010

[Sclamoz]

Here are some highlights:


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.

(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.

(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).

(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.

Sponsors:
S. 3081 Enemy Belligerent
Interrogation, Detention,
and Prosecution Act of 2010*
SPONSOR: Sen. John McCain (R-AZ)
CO-SPONSOR(S) 9

* Sen. Scott Brown (R-MA)
* Sen. Saxby Chambliss (R-GA)
* Sen. James Inhofe (R-OK)
* Sen. George LeMieux (R-FL)
* Sen. Joseph Lieberman (I-CT)
* Sen. Jefferson Sessions (R-AL)
* Sen. John Thune (R-SD)
* Sen. David Vitter (R-LA)
* Sen. Roger Wicker (R-MS)

Here is the full text.

http://www.legitgov.org/enemy_belligerent_act_2010.pdf

Please provide your commentary in the future. Feel free to repost the thread when you have your own input on the matter.

-Schadenfroh (AT Mod)

 

[Zorkorist]

John McCain sponsered it?

I'll give him a lot of lee-way when it comes to "belligerent" people.

I don't expect he'll give give them free speech, either. ;0

-John

 

[ebaycj]

..

 

[boomerang]

Where's the commentary?

I'll assume you support this with every fiber of your being and will do whatever you can to ensure its passage.

 

[ebaycj]

(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.

(A) - Does this sub-section mean that if I'm traveling abroad in europe and get mugged by gypsies, that they can be considered high-value-detainees (simply because i'm a US citizen, and they "attacked" me?) Hell, they don't even need to *ACTUALLY* attack me, they just need to be a "potential threat" of attack.

(A) - Does this also mean that if a disgruntled brazilian $1-an-hour employee burns down a ford parts warehouse in brazil (supplying it's factories there) that he could be considered a high-value-detainee (because he "attacked" a US Civilian facility)?

(D) - Really? They're codifying "Al-Qaeda"? What amount of "affiliation" is sufficient to qualify?

(E) - LOL. Why even bother with (A) thru (D) if you're gonna leave a loophole like this?



These guys are too stupid to deserve their jobs. Why not just write a bill that says "We can detain who we want, for how long we want, for any reason we want." and be done with it?

.

 

[StageLeft]

sec 5 is bullsh*t. so any terrorist, say a guy caught when he's 20 can be held until he dies at age 80 since obviously the war on terror is unwinnable and will never end. Sad.

 

[dphantom]

A small step in the right direction. Codifying what was standard practice for many years.

 

[Fear No Evil]

sec 5 is bullsh*t. so any terrorist, say a guy caught when he's 20 can be held until he dies at age 80 since obviously the war on terror is unwinnable and will never end. Sad.

I completely agree.. they shouldn't be held. They should get a round of .223 to the head.

 

[CitizenKain]

I completely agree.. they shouldn't be held. They should get a round of .223 to the head.

Summary executions without trial, truly the american way.