Text of S. 3081: Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010

Commentary

The proposed legislation below has nothing about the protection of liberties; nothing about the securitization of justice or the aims of prosperity and peace. It only provisions of rights and nebulously provisions for the open-ended rights of the ‘president’ and his agencies to interrogate and detain enemies of the ‘United States.’

If even indeed this bill were for the protection of a genuinely besieged ‘united states’ it would still be a disgusting, abominable, cowardly and thoroughly treacherous piece of legislation, not only destroying hundreds of years of patiently-cultivated Anglo-Saxon law but also of legal principles embedded in cardinal philosophies of European human rights in general.

It is indeed interesting that we have the worlds most profound traitors and cowards actually running ‘the greatest country on earth’; that in time of our greatest need there is no one – no one – in high places on whom we can count to stand up and speak out against the treacherous Jews zealously – and clearly – trying to destroy the US, the entire western world, and its people.

Now, witness, we have Patrick Buchanan, even though he MUST know – being intelligent, and even though his webmaster, Linda somebody, has links to AE911 Truth and the USS Liberty website – that 911 was not accomplished by cave dwellers wielding box cutters (give me a break!). I quote:

“And we borrow from Beijing to send foreign aid to African regimes whose U.N. delegations laughed and applauded as Mahmoud Ahmadinejad told the General Assembly that 9/11 was an inside job by the U.S. government. Have we lost all sense of self-respect?”

Have we lost all sense of self-respect?

Indeed.

Patrick Buchanan has. He has denied till the cock has crowed.

Now we have David Duke taken off from You Tube. It is important to know what has not been taken down. No pro-Jew or pro-Israel (same thing) videos, no matter how vile, unjust, hypocritical or false have been taken down. (How do I know? Duh.) What about the freedom of speech? Freedom of the press? Did these important precepts get thrown out with the removal of Dr. David Duke’s videos from you tube.

Do you need me to answer that for you? Okay:

Yes.

So, after the Jews have denatured our society and taken all of our money, they are now assiduously attempting to dismantle the structure by which we were formally and effectively free.

For them it is not enough to own; it is not enough to prosper; they are clearly after more. But what? If they have all the money; if they have all of the effective control; if they have all of the effective culture, then what is it?

Precluding with that if it not one thing it must be another, it is that they are after our destruction because we are better, fairer and more favored than they are. Oh, I know that this goes against quite a bulwark of dogma, but if we judge people by their fruits and what is in their hearts, then it cannot be that they are both one thing and another. You cannot be chosen and be bad, else God is unjust. Here I presume God is just, first, and I have faith in that.

These are disgusting lecherous people we are dealing with here. They really are demons. And they are wolves in sheep’s clothing. So who are you to think you can divine otherwise and find that they are indeed sheep? You are so discerning? You have it all figured out?

Watch. Be very wary. We have David de Rothschild, leading heir to the wealthiest and most thoroughly wicked family on the planet pretending to save that which his family has had everything to do with trying to destroy. He can even be seen on video discussing righteousness, peace and justice with We Are Change folks! Wow! His family goes unmentioned. You got me?

This is the Wolf-In-Sheep’s-Clothing entry for the impending encylcopedia of all encyclopedias.

Jesus (whom they hate with an undisguised passion) said to judge them by their fruits. It was wise counsel, it nixed the ‘chosen’ thing; it also allowed for the clearing of a whole lot of deliberation for those who are able to think clearly and practically.

This is what is going on. It is like the act we are witnessing was lifted straight from the Protocols. And why would it seem so?

Because it was.

Very high time for us to realize this. The noose is tightening and they are not going to relinquish it after having crafted it and having put it over our necks. They could have softened at any time; alas, if history is any guide at not time have they ever.

S3081 text

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.

Source for text of S. 3081: Govtrack.us via Truthtellers.org

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About americanalliance

I am interested in America. The land, the people. There is a MAJOR disconnect between the American nation and the so-called "elite."
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