The Indefinite Detention Bill DOES Apply to American Citizens on U.S. Soil

Editor’s Note: There is an uproar at the coming Bill that allows American Citizens to be arrested & jailed without a fair trial.Civil rights groups dismayed as Barack Obama abandons commitment to veto new security law contained in defence bill. Eric Margolis, an award-winning, internationally syndicated columnist, states on his Face Book Status, on 15th Dec. 2011,”Congress is actually considering a Republican bill that would allow the military to arrest and hold indefinitely without trial `terrorism’ suspects including Americans. This is nightmarish and totally undemocratic. Hitler similarly ended German’s laws after the Reichstang was burned by a `terrorist.’ All Americans should be up in arms over this dire threat”.Read also report by Chris McGreal from Washington for Guardian UK on the Bill:

Posted on December 14, 2011 by WashingtonsBlog

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“Don’t Be Fooled”: The Indefinite Detention Bill DOES Apply to American Citizens

Even at this 11th hour – when all of our liberties and freedom are about to go down the drain – many people still don’t understand that the indefinite detention bill passed by Congress allows indefinite detention of Americans on American soil.

The bill is confusing. As Wired noted on December 1st:

It’s confusing, because two different sections of the bill seem to contradict each other, but in the judgment of the University of Texas’ Robert Chesney — a nonpartisan authority on military detention — “U.S. citizens are included in the grant of detention authority.”

retired admiral, Judge Advocate General and Dean Emeritus of the University of New Hampshire School of Law also says that it applies to American citizens on American soil.

The ACLU notes:

Don’t be confused by anyone claiming that the indefinite detention legislation does not apply to American citizens. It does. There is an exemption for American citizens from the mandatory detention requirement (section 1032 of the bill), but no exemption for American citizens from the authorization to use the military to indefinitely detain people without charge or trial (section 1031 of the bill). So, the result is that, under the bill, the military has the power to indefinitely imprison American citizens, but it does not have to use its power unless ordered to do so.

But you don’t have to believe us. Instead, read what one of the bill’s sponsors, Sen. Lindsey Graham said about it on the Senate floor: “1031, the statement of authority to detain, does apply to American citizens and it designates the world as the battlefield, including the homeland.”

Another sponsor of the bill – Senator Levin – has also repeatedly said that the bill applies to American citizens on American soil, citing the Supreme Court case of Hamdi which ruled that American citizens can be treated as enemy combatants:

“The Supreme Court has recently ruled there is no bar to the United States holding one of its own citizens as an enemy combatant,” said Levin. “This is the Supreme Court speaking.“

Levin again stressed recently that the bill applies to American citizens, and said that it was president Obama who requested that it do so:

Under questioning from Rand Paul, another co-sponsor – John McCain – said that Americans suspected of terrorism could not only be indefinitely detained, but could be sent to Guantanamo:

U.S. Congressman Justin Amash states in a letter to Congress:

The Senate’s [bill] does not even distinguish between American citizens and non-citizens, or between persons caught domestically and abroad. The President’s power, in his discretion, to detain persons he determines have supported associated forces applies just as strongly to Americans seized on U.S. soil as it does to foreigners captured on a far away battlefield.

Two retired 4-star generals (Charles C. Krulak and Joseph P. Hoar) write in the New York Times:

One provision [in the bill] would authorize the military to indefinitely detain without charge people suspected of involvement with terrorism, including United States citizens apprehended on American soil. Due process would be a thing of the past.

Colonel Lawrence Wilkerson – General Colin Powell’s chief of staff – says that the bill is a big step towards tyranny at home.  Congressman Ron Paul says that it will establish martial law in America.

Indeed, Amash accuses lawmakers of attempting to intentionally mislead the American people by writing a bill which appears at first glance to exclude U.S. citizens, when it actually includes us:

Pres. Obama and many Members of Congress believe the President ALREADY has the authority the bill grants him. Legally, of course, he does not. This language was inserted to keep proponents and opponents of the bill appeased, while permitting the President to assert that the improper power he has claimed all along is now in statute.


They will say that American citizens are specifically exempted under the following language in Sec. 1032: “The requirement to detain a person in military custody under this section does not extend to citizens of the United States.” Don’t be fooled. All this says is that the President is not REQUIRED to indefinitely detain American citizens without charge or trial. It still PERMITS him to do so.

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  • Idrees  On December 15, 2011 at 7:21 pm

    Obama is a big BUM if this bill becomes law

  • bozena harvey  On December 16, 2011 at 2:59 am

    Shocking. The United States of Zionist apartheid racial supremacist terrorist Israel, biggest violators of Human Rights on the planet.

  • Majyd Aziz  On December 16, 2011 at 3:00 am

    Gradually all the archaic words like “democracy”, “freedom”, “liberty”, “pursuit of happiness”, and “power to the people” as enshrined in the US Constitution would fade away from the memory of the American people.

    George Orwell’s Big Brother did not come in 1984. He is coming soon but 30 years late.

    Pentagon and Langley will rule. Capitol Hill and White House will obey. The Night of the US Generals has begun.


  • Agha Gul  On December 16, 2011 at 8:07 am

    This is a most incredible piece of legislation. Who could ever have thought that it would be enacted by the U.S–indefinite incarceration of anyone on mere suspicion of having ties with terrorism !! Congratulations, Americans, You are No More Free!

    • Shahbaz  On December 16, 2011 at 4:42 pm

      We get upset on minor issues; USA has always been a ROGUE state;They are the descndents of the Criminals sent as punishement from UK/euorpe?

      This bill will not apply to US Citizens of GORA/JEW ORIGION but for only ASIANS and Muslims!!

      What they did to their Red Indians?
      During WW-2 they arrested all US citizens of Japenes origion even if they born in US and
      put them in Prison Camps for the Entire duration of WW-2,with no fault of theirs???

      They were the First one to use the ATOM bomb???

      so relax and enjoy in US so long as they allow you to live there and watch cow boy movies!!!
      Muhammad Shahbaz Thuthaal

  • Salim Nawaz Gandapur  On December 16, 2011 at 4:41 pm

    All Liberal Fundamentalists– Please Rejoice In The Latest Triumph Of Democracy!
    DOES DEMOCRACY STILL DESERVE EVEN TWO CHEERS- seeing that Imperial Hubris is Ready To Shed even the camouflage of Fundamental Human Freedoms in the MOST TRUMPETED CONTEMPORARY DEMOCRACY- the self styled Leader of the FREE WORLD!?
    Salim Gandapur

  • Sohail  On December 16, 2011 at 5:09 pm

    The saying is, “what goes around, comes around”.
    I think the Americans deserve this – when the US Government created G’itmo and the Americans in general kept quiet, they should have known better – it had to come to them too!! The paranoia under which the Americans live will drive them to a stage where they will see danger from everyone!!

    Sent from my iPad

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