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Jack21222
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The National Defense Authorization Act was passed in the Senate 93-7. In this bill, language was inserted that may be interpreted to mean the military can hold US citizens indefinitely without trial.
http://www.wired.com/dangerroom/2011/12/senate-military-detention/ Is a Wired editorial on the subject.
Wired links to several law blogs which are debating the issue. Law professor Robert Chesney says: http://www.lawfareblog.com/2011/12/does-the-ndaa-authorize-detention-of-us-citizens/
Two questions for you all.
1) Should US citizens accused of terrorism be subject to military detention?
2) Does this bill create the possibility that US citizens be detained by the military?
http://www.wired.com/dangerroom/2011/12/senate-military-detention/ Is a Wired editorial on the subject.
Wired links to several law blogs which are debating the issue. Law professor Robert Chesney says: http://www.lawfareblog.com/2011/12/does-the-ndaa-authorize-detention-of-us-citizens/
Bolding mine.This obviously rules out the idea of a mandatory military detention for US citizens. But note that it tends to rule in the idea that the baseline grant of detention authority in 1031 does in fact extend to citizens. Otherwise there would be no need for an exclusion for citizens in section 1032, since the 1032 category is a subset of the larger 1031 category.
Two questions for you all.
1) Should US citizens accused of terrorism be subject to military detention?
2) Does this bill create the possibility that US citizens be detained by the military?