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SunsetDreams

(8,571 posts)
Wed Feb 29, 2012, 01:35 AM Feb 2012

White House Release: Procedures Implementing Section 1022 of the NDAA (Full Text of Release)

Directive apply only when (1) an individual is arrested or otherwise taken into custody by the Federal Bureau of
Investigation (FBI) or another Federal law enforcement agency on or after the date of this Directive; and (2) officials of the agency detaining the individual have probable cause to believe that the individual is a "Covered Person" under section 1022 of the NDAA.

B. Covered Persons. For purposes of this Directive, the phrase "Covered Person" applies only to a person who is not a citizen of the United States and:

1. whose detention is authorized under the 2001 AUMF, as informed by the laws of war, and affirmed in section 1021 of the NDAA; and
2. (a) who is a member of, or part of, al-Qa'ida or an associated force that acts in coordination with or pursuant to the direction of al-Qa'ida; and (b) who participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.

...

Any determination that there is not clear and convincing evidence that an individual is a Covered Person shall be without prejudice to the question of whether the individual may be subject to detention under the 2001 AUMF, as informed by the laws of war, and affirmed by section 1021 of the NDAA. Nothing in this Directive is intended to affect or alter the jurisdiction of Federal courts to determine the legality of detention or the substantive or procedural standards that apply to such determinations.


http://i2.cdn.turner.com/cnn/2012/images/02/28/white.house.document.03.pdf

From the White House Website: Here

NDAA FACT SHEET: PROCEDURES IMPLEMENTING SECTION 1022 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012



Barack Obama Waives Rule Allowing Indefinite Military Detention Of Americans
WASHINGTON -- The White House released rules Tuesday evening waiving the most controversial piece of the new military detention law, and exempting U.S. citizens, as well as other broad categories of suspected terrorists.

Indefinite military detention of Americans and others was granted in the defense authorization bill President Barack Obama signed just before Christmas, sparking a storm of anger from civil libertarians on the left and right.

The new rules -- which deal with Section 1022 of the law -- are aimed at soothing many of their gravest concerns, an administration official said. Those concerns are led by the possibility that a law that grants the president authority to jail Americans without trial in Guantanamo Bay based on secret evidence could easily be abused.

"It is important to recognize that the scope of the new law is limited," says a fact sheet released by the White House, focusing on that worry. "Section 1022 does not apply to U.S. citizens, and the President has decided to waive its application to lawful permanent residents arrested in the United States."


http://www.huffingtonpost.com/2012/02/28/indefinite-military-deten_n_1308129.html?ref=politics


Will Congress Finally Start to Clean Up the Mess It Made With the NDAA?

On Wednesday at 10:00 a.m. EST, the Senate Judiciary Committee will hold the first hearing ever on the indefinite military detention provisions in the 2012 National Defense Authorization Act (NDAA), which Congress passed in December. This hearing will be Congress' first opportunity to own up to its mistakes and start to fix them. But the only way the NDAA will be fixed is if senators and House members hear from you and your family and friends that indefinite military detention authority is wrong, dangerous, and needs to be repealed.

...

Wednesday's hearing is a start to the NDAA clean-up, and will be chaired by one of the biggest heroes in the fight against the NDAA—Sen. Dianne Feinstein of California. Sen. Feinstein is holding the Senate Judiciary Committee hearing in public, in contrast to the Senate Armed Services Committee, which wrote the NDAA last year in secret sessions without even a single hearing.

...

In the months ahead, we expect to see more congressional hearings on the NDAA detention provisions (we especially hope that the House Republican leadership will follow through on its promise to have hearings very soon in the House Judiciary and Armed Services Committees). By mid-May, the House and Senate Armed Services Committees will start writing the NDAA for this year (yes, there is an NDAA every year) and members of those committees will have chances to fix last year's NDAA. But like last year, the Senate Armed Services Committee may very well shut its doors and come up with its new NDAA in secret. Regardless, by late May, the full House will vote on the NDAA for next year and the full Senate will vote on its version this summer. In other words, if Congress doesn't fix the 2012 NDAA soon, it can use the 2013 NDAA to clean up its mess.


http://www.aclu.org/blog/national-security/will-congress-finally-start-clean-mess-it-made-ndaa




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White House Release: Procedures Implementing Section 1022 of the NDAA (Full Text of Release) (Original Post) SunsetDreams Feb 2012 OP
O boy.... I'm just skimming this but can already sense their will be some issues with midnight Feb 2012 #1
Here ya go, more info Tx4obama Feb 2012 #2
Thank you so much SunsetDreams Feb 2012 #3
kick SunsetDreams Feb 2012 #4
kick SunsetDreams Mar 2012 #5
K&R. Facts are good...nt SidDithers Mar 2012 #6
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