Friday, November 23, 2012

Rand Paul Amendment to 2013 NDAA Does Nothing


U.S. Senator Rand Paul (R-KY) is proposing to amend S. 3254, the 2013 National Defense Authorization Act (NDAA). Before we get too excited about Senator Rand Paul’s amendment, due diligence must be given as to what it does and doesn’t do.

Senator Paul’s amendment is ineffectual for several reasons including, but not limited to:

1. It only applies to citizens, and ignores the rights of non-citizens, regardless of immigration status.

2. The use of the term “captured” implies full spectrum military operations against U.S. citizens within the United States, yet it is unclear what this authority is based upon. Does Senator Paul accept the pretense that America is part of the “battlefield,” and as such, is under the “law of war” and martial law?   3. Senator Paul’s amendment only references detention of U.S. citizens by the Armed Forces of the United States, but does not apply to

a. “any other foreign country,” or

b. b. “ any other foreign entity,” (See 2012 NDAA, Section 1021(c)(4))

4. By Senator Paul tying his amendment to the AUMF, the amendment only applies to that part of the 2012 NDAA targeting profile that reaffirmed the AUMF, but does not cover the second half of the 2012 NDAA targeting profile, which is the larger of the two.

Senator Paul’s proposed amendment would add the following section to the 2013 NDAA:   CONTINUE READING HERE PLEASE! http://theintolerableacts.org/docs/Rand-Paul-Amendment.pdf

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