Co-Sponsors of the National Defense Authorization Act: Bill DOES Apply to American Citizens, and Could Be Used Send Them to Guantanamo Indefinitely


As I noted Sunday, the Senate is poised to vote today on the National Defense Authorization Act bill, which would allow indefinite detention of American citizens living within the U.S.

While some have claimed that this is incorrect, and that American citizens would be exempted from the indefinite detention within U.S. borders authorized by the Act, the Committee chairman who co-sponsored the bill – Carl Levin – stated today in Senate debate that it could apply to American citizens.

Levin cited 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.“

Under questioning from Rand Paul, co-sponsor John McCain said that Americans suspected of terrorism could be sent to Guantanamo.

You can hear the statements from Levin and McCain on today’s broadcast of KFPA’s Letters and Politics:


Letters and Politics – November 29, 2011 at 10:00am

Click to listen (or download)


As Raw Story notes:

The provision would authorize the military to indefinitely detain individuals — including U.S. citizens — without charge or trial.

“If these provisions pass, we could see American citizens being sent to Guantanamo Bay,” Rand said in the video. “This should be alarming to everyone watching this proceeding today. Because it puts every single American citizen at risk.”

“There is one thing and one thing only protecting innocent Americans from being detained at will at the hands of a too-powerful state — our Constitution, and the checks we put on government power,” he continued. “Should we err today and remove some of the most important checks on state power in the name of fighting terrorism, well, then the terrorists have won.”

“Detaining citizens without a court trial is not American. In fact, this alarming arbitrary power is reminiscent of Egypt’s ‘permanent’ Emergency Law authorizing preventive indefinite detention, a law that provoked ordinary Egyptians to tear their country apart last spring and risk their lives to fight.”

The debate is also being streamed live on CSpan-2.

While passage of the bill would make the Founding Fathers roll in their grave, it might not change that much.   As former constitutional lawyer Glenn Greenwald notes:

With very few exceptions, the McCain-Levin bill, awful though it is, doesn’t create any powers beyond what the O Admin thinks it now has.

Indeed, the U.S. has been a de facto police state for many years.


This entry was posted in Politics / World News. Bookmark the permalink.
  • Armed

    Let em come!


  • Then not only can Americans within the US be sent to Guantanamo, but assassinated at the dictate of “leadership” (fuhrer in German) because the “battlefield” is everywhere. This is the 1%’s desperate last acts before their arrests by the 99%. I encourage all law enforcement and US military with this authority to arrest these obvious criminals.

    As I wrote, this expands the Military Commissions Act of 2006 (MCA): MCA text allows this to be applied to “persons;” which means American citizens:

    “DETERMINATION OF UNLAWFUL ENEMY COMBATANT STATUS DISPOSITIVE.—A finding, whether before, on, or after the date of the enactment of the Military Commissions Act of 2006, by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense that a person is an unlawful enemy combatant is dispositive for purposes of jurisdiction for trial by military commission under this chapter.”

    “Dispositive” in law means “providing a final resolution,” and “having control over an outcome.”

    The US updated MCA in 2009, but the current status has become even more tragic-comic. The US now claims legal right that if a US president so dictates, American citizens are targeted for assassination by US military. President Obama authorized a list of American citizens to be killed, with the first assassination reported on September 30, 2011. The term for this policy is extrajudicial assassination. [2]

    “Let that sink in. The U.S. presidency, supposed leader of the free world, has a clandestine committee that chooses American citizens to assassinate. This from the administration that promised unprecedented transparency and a ratcheting back of Bush-era civil liberties abuses. This from the president who vowed to restore habeas corpus and subject executive war powers to judicial scrutiny. This from the Nobel Peace Prize laureate. … For generations much of the world has been under the spell of the lie of American democracy, the propaganda that the brutality of power politics can be tempered through elections and an eloquent piece of parchment.” [3]

    Continue reading on Occupy This: US History exposes the 1%’s crimes then and now. 1 of 6 – National Nonpartisan |

  • Jake Tapper vs. Jay Carney on President Killing U.S. Citizens.

  • Javy

    It was nice knowing America! Sorry your dumbed down citizens let this happen to you.

  • Mike

    This has to be the final straw folks. We can now be held without charge or without trial? The DHS has already spoken that if you belong to groups, oppose abortion, are former military, express your first ammendment rights etc. etc., you are suspect. The press will never report this law. It will be up to all of us to get the word out and oust these people in the next election. If that’s not enough to restore the consitution, then our founding fathers laid out other remedies that must be taken. I feel really sorry for all present military, for they are not fighting for freedom anymore but tyranny. How in sams hell can these people claim to represent the American people. I neer thought I would see this in my lifetime. Our supposed representatives have turned on the very people who sent them to Wash. to represent us. If they don’t even understand what their job uis, then they were never qualified to begin with. Let’s rip this cancer out in the next election.

  • Westcoastliberal

    There’s so much wrong with this I feel like puking. Can you imagine? What about Posse Comitatus? Where are our Constitutional rights? Do these fucking neo-CONS (including the DEMS who voted in favor) think we’ll sit still for? They sure as hell aren’t hearing us, that’s for sure. This whole “war on terror” is just like the “war on drugs”. It’s Orwellian…the never-ending war. War is peace, right?
    And little Lindsey needs to shut the fuck up and FINALLY come out..or am I wrong? Can you take the guy seriously? Be real.

  • jo6pac

    No problem the hopey changey potus 0 will help the citizens of this nation right?

    Thanks for the info you provide, the brown shirts are on the dock waiting to be shipped.

    Everything is on schedule, please move along.

  • downstate mike

    This is the one percents’ last gasp attempt to keep us caged and ridden with debt. Ron Paul must be elected president or we are doomed. The only bright news is the thugs at TSA are getting radiated. Not that I want any one to die but I am not going shed many tears, just consider those molesters and thieves victims of, “Natural Selection”.

  • I told you so in the earlier post but my comment was not allowed.

    Obama says he will veto it.

  • Mike

    “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.

    Since when can case and statute law be used to circumvent Constitutional supremacy? Did Levin attend law school, or does he think we’re all stupid?

  • i think its all gay

  • I think John mccain shoulda beat Oboma america would be better

  • The Union Solution

    all of you complain but none of you will do anything about it. Now it is time to label all groups that oppose our President and get them out of the way before the next election. This bill is ONLY for defending against terrorism like people in the TEA PARTY who hold a gun to the head of the American Public. They are the REAL TERRORIST in this country. A group of RACIST hating, speaking venom against the government. They are the real threat. That and the people who are against abortion, Unions who keep the country going, etc. Finally something can be done against those people!

  • HumanRights

    Sponsors of the National Defense Authorization Act, Carl Leven, Diane Feinstien, John McCain are totally pro Ashkenazim and Zionist. These people carry the torch for AIPAC so we should expect it from them. It’s sad to note this country is now a military police state aurguably the worst on the planet. Just don’t allow yourself to be caught in the Zionist web else you will be murdered or placed in prison.