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TheIntolerableActs.org

TheIntolerableActs.org. T HE I NTOLERABLE A CTS ACTION CENTER. 2012 NDAA PRESENTATION. S OLUTIONS @T HE I NTOLERABLE A CTS.ORG. National Defense Authorization Act For Fiscal Year 2012 (NDAA). Is the NDAA Bad?. Does the NDAA simply affirm existing national defense policy,

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TheIntolerableActs.org

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  1. TheIntolerableActs.org

  2. THE INTOLERABLE ACTSACTION CENTER 2012 NDAA PRESENTATION SOLUTIONS@THEINTOLERABLEACTS.ORG

  3. National Defense Authorization Act For Fiscal Year 2012 (NDAA)

  4. Is the NDAA Bad?

  5. Does the NDAA simply affirm existing national defense policy, or does it create new national defense policy?

  6. Was it the intent of Congressto establish that America should be treated as part of “the battlefield?” • Does the NDAA authorize waging war on Americans in the United States?

  7. Does the NDAA Apply to U.S. Citizens?

  8. Does the NDAA Undermine Your Constitutional Rights?

  9. If the NDAA Applies to U.S. Citizens & Undermines Your Constitutional Rights...

  10. What can and should you do about it?

  11. National Defense Authorization Act For Fiscal Year 2012 (NDAA)

  12. Is the NDAA Bad?

  13. NO!

  14. The NDAA is supposed to fund our troops and national defense policies. AND THAT IS GOOD!

  15. Does the NDAA create new national defense policy?

  16. SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMEDFORCES OF THE UNITED STATES TO DETAINCOVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE. (a) IN GENERAL.—Congress affirms that the authority of the President to use all necessary and appropriateforce pursuant to the Authorization for Use of MilitaryForce (Public Law 107–40; 50 U.S.C. 1541 note) includesthe authority for the Armed Forces of the United Statesto detain covered persons (as defined in subsection (b))pending disposition under the law of war.

  17. NDAA Subtitle D – Counterterrorism Section 1021 Affirmation of Authority of the Armed Forces of the United States to Detain Covered Persons Pursuant to the Authorization for Use of Military Force (AUMF)

  18. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES (AUMF), SECTION 2. (a) IN GENERAL. — That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aidedthe terrorist attacks that occurred on September 11, 2001,or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

  19. The AUMF set up a national defense policy to seek retribution against those involved in the attacks of Sept. 11, 2001. • The authority granted in the AUMF was retrospective, and tied solely to the attacks of Sept. 11, 2001.

  20. AUMF TARGETING PROFILE Nations, organizations, or persons who: • planned, • authorized, • committed, • aided, or • harbored the terrorists who attacked the U.S. on September 11, 2001.

  21. Does the NDAA simply affirm existing national defense policy, or does it create new national defense policy?

  22. SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMEDFORCES OF THE UNITED STATES TO DETAINCOVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE. (b) COVERED PERSONS.—A covered person under this section is any person as follows: (1) A person who planned, authorized, committed, or aided the terrorist attacks that occurredon September 11, 2001, or harbored those responsible for those attacks.

  23. AUMF vs. NDAATARGETING PROFILE (retribution for 9/11/2001) 1021(b)(1) Any person who: • planned, • authorized, • committed, • aided, or • harbored the terrorists who attacked the U.S. on September 11, 2001. AUMF Nations, organizations, or persons who: • planned, • authorized, • committed, • aided, or • harbored the terrorists who attacked the U.S. on September 11, 2001. =

  24. 1021(b)(1) affirms the national defense policy of the AUMF targeting profile.

  25. BUT... • Whereas the AUMF has only one targeting profile • The NDAA's 1021(b) has two targeting profiles. What does 1021(b)'s second profile do?

  26. NDAA: 1021(b) [Second Targeting Profile] (2) A person whowas a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engagedin hostilitiesagainst the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.

  27. 1021(b)(1) = (AUMF) Any person who: • planned, • authorized, • committed, • aided, or • harbored the terrorists who attacked the U.S. on September 11, 2001. 1021(b)(2) Any person who was part of or supported: • Al-Qaeda, Taliban, or • associated forces, that are engaged in hostilities against: • United States, • or coalition partners, who: • committed a belligerent act, or • directly supported hostilities in aid of Al-Qaeda or Taliban * Involvement in attacks of Sept. 11, 2001 not required

  28. 1021(b)(2) creates new national defense policy in that it expands: • targeting profile(beyond AUMF) • countries being protected( adds coalition partners) • time frame for which hostilities are authorized beyond retribution for attacks of 9/11/2001. • from policy of retribution to a policy for “war on terrorism” Also...

  29. DEFINITION OF TERRORISM: 1. the use of violence and threats to intimidate or coerce, especially for political purposes. 2. the state of fear and submission produced by terrorism or terrorization. 3. a terroristic method of governing or of resisting a government. Dictionary.com

  30. Terrorism is not a nation, organization, or person. Terrorism is a “method or technique.” “War on Terror” is a war against a method of achieving an objective. • Declaring war on a technique is an expansion of an specific AUMF purpose to an open-ended war.

  31. Was it the intent of Congressto establish that America should be treated as part of “the battlefield?” • Does the NDAA authorize waging war on Americans in the United States.

  32. America is the “battlefield” “The statement of authority to detain does apply to American citizens, and it designates the world as the battlefield, including the homeland.” -Senator Lindsey Graham, discussing NDAA in a U.S. Senate floor debate. Watch video here: http://patriotcoalition.com/VIDEO/NDAA/YOU ARE the Terrorist!!!!!.avi

  33. The “law of war” applies to the “battlefield.” The fictitious designation of the United States as the “battlefield” allows for the application of the “law of war,” which applies to all battlefields, to the United States. This puts the President in absolute charge of the “battlefield” as Commander-in-Chief, rather than as the Chief Executive of the civilian government.

  34. Does the NDAA Apply to U.S. Citizens?

  35. NDAA Subtitle D – Counterterrorism Section 1022 Military Custody For Foreign Al-Qaeda Terrorists

  36. NDAA Section 1022 (a)(1) (a) CUSTODY PENDING DISPOSITION UNDER LAW OFWAR. (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.

  37. NDAA Section 1022 (a)(2) (2) COVERED PERSONS. The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1021 who is determined— WHAT IS “THE REQUIREMENT?”

  38. NDAA Section 1022 (a)(1) (a) CUSTODY PENDING DISPOSITION UNDER LAW OFWAR. (1) IN GENERAL. Except as provided in paragraph (4), the Armed Forces of the United States shall holda 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.

  39. “The requirement” is “shall hold.”

  40. “Shall hold” means “Must hold”

  41. NDAA Section 1022 (b)(1) UNITED STATES CITIZENS.—The requirement to detain a person in military custody under this section does not extend to citizens of the United States.

  42. Removing the requirement “shall hold” means the U.S. Military mayhold U.S. Citizens. • It does not “prohibit” U.S. Citizens from being detained by the U.S. Military under Section 1022.

  43. NDAA Section 1022 (a)(2) (2) COVERED PERSONS.—The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1021 who is determined— (A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and (B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.

  44. NDAA Section 1022 NON-CITIZENS (shall hold) (a)(1) US CITIZENS (may hold) (b)(1)

  45. The “indefinite detention” provisions of sections 1021 and 1022 definitely apply to U.S. Citizens. Senators McCain, Graham, and Levin stated as much on the floor of the U.S. Senate in Dec. 2011.

  46. President Obama acknowledged the authority to detain U.S. Citizens in his signing statement. In fact, he insisted that the detention of U.S. Citizens was in the NDAA.

  47. President demands authority to indefinitely detain U.S. Citizens. Obama Administration asked that language be removed from NDAA that said “U.S. Citizens and lawful residents would not be subject to this section.” -Senator Carl Levin, Chairman, Senate Armed Services Committee Watch video here: http://patriotcoalition.com/VIDEO/NDAA/Levin-Obama-1031.avi

  48. Section 1022 (b) limitation regarding citizens does not apply to Section 1021. UNITED STATES CITIZENS.—The requirement to detain a person in military custody under this section [i.e.1022] does not extend to citizens of the United States.

  49. 1021(b)(1) = (AUMF) Any person who: • planned, • authorized, • committed, • aided, or • harbored the terrorists who attacked the U.S. on September 11, 2001. 1021(b)(2) Any person who was part of or supported: NON-CITIZENS (shall hold) 1022(a)(1) • Al-Qaeda, Taliban, or • associated forces, that are engaged in hostilities against: • United States, or coalition partners, who: • committed a belligerent act, • ordirectly supported hostilities in aid of Al-Qaeda or Taliban US CITIZENS (may hold) (b)(1) * Involvement in attacks of 9/11/2001 not required

  50. Does the NDAA Undermine Your Constitutional Rights?

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