Dwight Kehoe reports that the final version of the bill excludes American citizens from unconstitutional arrest, detention, deprivation of habeas corpus and due process. We'll see. Some say the "Patriot" Act and various and sundry "Executive Orders" already allow them to do all of that, but it still wouldn't be constitutional.- G.M.
TPATH has removed comments relating to the above bill which has been approved by Congress and Signed into law by the President.
While the comments made by Obama during his 2008 Presidential campaign relating to his call for a civilian security force funded equally as compared to the US Military are true, he has not been successful in efforts to extend detention powers in HR 1540 to include US Citizens.
The final bill, HR1540, has an exclusion for US Citizens.
(e) AUTHORITIES.—Nothing in this section shall be construed
to affect existing law or authorities relating to the detention of
United States citizens, lawful resident aliens of the United States,
or any other persons who are captured or arrested in the United
After a close review of this bill, all 565 pages, the problem some have with the detention aspect probably arose form this clause:
(4) WAIVER FOR NATIONAL SECURITY.—The President may
waive the requirement of paragraph (1) if the President submits
to Congress a certification in writing that such a waiver is
in the national security interests of the United States.
After careful consideration it is a fact that this waver only applies to:
SEC. 1022. MILITARY CUSTODY FOR FOREIGN AL-QAEDA TERRORISTS.
(a) CUSTODY PENDING DISPOSITION UNDER LAW OF WAR.—
(1) IN GENERAL.—Except as provided in paragraph (4), the
Armed Forces of the United States shall hold a person described
in paragraph (2) who is captured in the course of hostilities
authorized by the Authorization for Use of Military Force
(Public Law 107–40) in military custody pending disposition
under the law of war.
We have decided to keep the link to the WND Commentary but TPATH will notify them that this bill will not infringe on the rights of US Citizens.
Joseph Farah of the World Net Daily
December 23, 2011 TPATH