Why would Sen. Marco Rubio’s Office say NDAA does not apply to U.S. citizens?

May 2021 7 203 Report

Why would Sen. Marco Rubio’s Office say NDAA does not apply to U.S. citizens?

"Section 1032 of this bill deals with the requirements that are needed for the U.S. military to hold people in custody. This portion of the act differs from section 1031 in that this section deals with a much more select group of people that must be detained by the U.S. Military. Any person detained under the authority of Section 1032 must be a member or part of Al-Qaeda or an associated force AND they must have participated in the planning or execution of an attack against the US or our coalition partners. In addition, this section of the act has a limiting clause that specifically states that the military detention requirement does not extend to US citizens or lawful permanent residents." Office of United States Senator Marco Rubio

Update:

Like I always say "I don't use liberal sources"

Explanation from Sen. Rubio’s Office about the Controversial National Defense Authorization Act for Fiscal Year 2012

http://palmbeachcountyteaparty.org/2011/11/explana...

Politics & Government / Politics

Bush Recession

Verified answer

They don't care about the facts, they just want to try to blame Obama, even though the bill passed the REPUBLICAN HOUSE with a veto proof majority.

It's pure partisan game playing.

sociald

Technically the statement is correct. section 1032 and 1031 would not apply to US citizens ( unless one of them joined Al Queda and participated in some kind of action )

The questionable part is in section 1034. This section does apply to Al Queda, Taliba and associated forces... but there is an addition

(this is directly from the committe chaiman's markup remarks on the bill

"This section would also affirm that the President’sauthority pursuant to the Authorization for Use of Military Force includes the authority to detain certain belligerents until the termination of hostilities."

The problem is there is really no definition of what a "certain belligerent" is.

I know there have been amendments I dont have time right now to see if there were any changes with teh final status of this act.

Fake wreastling

POLITICANS ARE LIARS! Youtube Fema camps! The government needs to tell us what these camps are for if their not for American citizens. We have ask several times and never been given a direct answer! We have a right to know! Each camp connected to a railroad or near an airport. Why is that? Most prisons are not near a railroad or airport! They say it is for federal emergencies but it is not! There some **** going down! One holds 33,000 people in California. There is that many terroist in California? These should be small prisons but there not! Educate yourself please! Youtube it! By the way, we haven't bomb Iran yet but were under Martial law! The only way you impose Martial law is if were under a threat were not! There not been any Anarchy so why they passed the bill? Another 911! Pictures are worth more than a thousand words!

Paula

Because it does NOT "apply to U.S. citizens."

Did you even read the final bill?

Just read the [expletive deleted] bill.

See, e.g., http://en.wikipedia.org/wiki/National_Defense_Auth...

In part:

All persons arrested and detained according to the provisions of section 1021, including those detained on U.S. soil, whether detained indefinitely or not, are required to be held by the United States Armed Forces. The requirement does extend to U.S. citizens.

End part.

Note - as sent to the President for signature Section 1031 was "COUNTERTERRORISM OPERATIONAL BRIEFING REQUIREMENT" and Section 1032 was "NATIONAL SECURITY PLANNING GUIDANCE TO DENY SAFE HAVENS TO AL-QAEDA AND ITS VIOLENT EXTREMIST AFFILIATES".

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"), (e) reads "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 States.

Section 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.

(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.

(3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1021(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1028.

(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.

(b) Applicability to United States Citizens and Lawful Resident Aliens-

(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.

(2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.