The executive branch believed (and still does) it had the authority to hold anyone, anywhere, for as long as they wanted without charge. The Bush administration decided that the congressional authorization for the war on terror gave them that right. Jose Padilla was held without charge and the government argued through multiple federal trials that it was a-ok, they finally charged him in order to avoid a supreme court decision that was clearly not going to go their way.
One of the key rulings was that the executive couldn't hold American citizens indefinitely because America isn't a battlefield, and only congress has the right to suspend habeas corpus. That is exactly the argument this bill was crafted for.
DoubleH wrote:
Ok, so a "Covered Person" seemed to be defined as a terrorist type. It is also says in Section 1031 that these "Covered Persons" may be detained without trial
In 2009 the department of defense issued materials used to training purposes that listed protestors as low-level terrorists. They removed section (it was a multiple choice question), but would not comment on it.
In 2008, prior to the republican national convention there were pre-emptive arrests made of those people who were planning otherwise peaceful protests. They were charged with domestic terrorism. Under the ndaa, they could have been held indefinitely.
Quote:
until the "end of hostilities"... what ever that means.
It means nothing, when you make war on a tactic and not a state or a people you are instituting a perpetual war.
Quote:
United States Citizens.-The requirement to detain a person in military custody under this section does not extend to citizens of the United States."
So the way I read those it seems to me that if you are a US citizen you still CAN'T be held by the Gov/Mil and would thus be turned over to the "proper authority's" if you committed a crime which in turn would get you a fair trial ?
The key word in the above is "requirement". Nothing in the bill says they
can't detain citizens, it only says they aren't required to.