Friday, December 02, 2011

detention sections of defense appropriations bill seem unreasonably extreme

There has been an outcry in the internet media, regarding sections 1031 & 1032 of S1687 the Defense Appropriation Bill.

Upon reading the text of controversial sections, my initial reactions:

1-- Why am I the only person who understands what the sections are saying with regards to US citizens? The sections declare that when the United States Armed Forces detain suspected persons prior to deciding how they are to be 'disposed of', the United States armed forces are obligated to hold persons who are not citizens or lawful resident aliens in the military custody of the armed forces of the U.S; however the U.S armed forces are not obligated to detain U.S citizens, prior to deciding how they are to be 'disposed' of, in military custody of armed forces of the U.S.

2-- Why is the language of the sections so extreme? Apparently, if you are merely suspected of non-violently helping an organization that is suspected of being associated with Al-Qaida, this is enough to make you an appropriate target for detention.

3-- Why is the type of detention prescribed so severe? Apparently, the section gives the President the right to use the U.S armed forces to send you off without trial, to be held by any foreign entity whatsoever, for any length of time.

When I consider the possible alternatives to the legislation endorsed by the U.S senate, I feel as if the wording of the the controversial 1031 & 1032 sections is much too harsh and extreme.

Here, for example, is a possible rewrite of the sections:

Subtitle D—Detainee Matters (Revised DVH version)

SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN QUESTION & SEARCH PERSONS GUILTY OF INFECTING THE UNITED STATES WITH WEAPONS OF MASS DESTRUCTION

(a) IN GENERAL.—Congress affirms the authority of the President to order the United States Armed Forces to detain, question & search residents of the United States suspected of infecting the United States with Weapons of Mass Destruction.

(b) LENGTH & TERMS OF DETENTION --

(1) Those detained shall not be detained for more than three weeks.

(2) The US Armed Forces shall have the right to search the possessions of those detained while they are detained.

(3) Evidence uncovered by way of said detention & search, shall not be used to prosecute detained person for crimes other than crimes involving infecting the United States with weapons of mass destruction.

(c) LIMITS TO REPEAT DETENTIONS

(1) No person shall be detained pursuant to this section, more than once every five years

(d) LIVING CONDITIONS OF THE DETAINED

(1) Those detained shall enjoy as far as possible, a standard of living equal to that enjoyed by the average college student.

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