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In reply to the discussion: Why do people keep bringing up the treatment of Manning in a military prison re: Snowden? [View all]Recursion
(56,582 posts)89. Here's section 1022 of the 2012 NDAA
Tell me what part you think applies to Snowden
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 10740) 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 sec-
tion 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.
(c) IMPLEMENTATION PROCEDURES.
(1) IN GENERAL.Not later than 60 days after the date
of the enactment of this Act, the President shall issue, and
submit to Congress, procedures for implementing this section.
(2) ELEMENTS.The procedures for implementing this sec-
tion shall include, but not be limited to, procedures as follows:
(A) Procedures designating the persons authorized to
make determinations under subsection (a)(2) and the
process by which such determinations are to be made.
(B) Procedures providing that the requirement for mili-
tary custody under subsection (a)(1) does not require the
interruption of ongoing surveillance or intelligence gath-
ering with regard to persons not already in the custody
or control of the United States.
(C) Procedures providing that a determination under
subsection (a)(2) is not required to be implemented until
after the conclusion of an interrogation which is ongoing
at the time the determination is made and does not require
the interruption of any such ongoing interrogation.
(D) Procedures providing that the requirement for mili-
tary custody under subsection (a)(1) does not apply when
intelligence, law enforcement, or other Government officials
of the United States are granted access to an individual
who remains in the custody of a third country.
(E) Procedures providing that a certification of national
security interests under subsection (a)(4) may be granted
for the purpose of transferring a covered person from a
third country if such a transfer is in the interest of the
United States and could not otherwise be accomplished.
(d) AUTHORITIES.Nothing in this section shall be construed
to affect the existing criminal enforcement and national security
authorities of the Federal Bureau of Investigation or any other
domestic law enforcement agency with regard to a covered person,
regardless whether such covered person is held in military custody.
(e) EFFECTIVE DATE.This section shall take effect on the
date that is 60 days after the date of the enactment of this Act,
and shall apply with respect to persons described in subsection
(a)(2) who are taken into the custody or brought under the control
of the United States on or after that effective date.
(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 10740) 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 sec-
tion 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.
(c) IMPLEMENTATION PROCEDURES.
(1) IN GENERAL.Not later than 60 days after the date
of the enactment of this Act, the President shall issue, and
submit to Congress, procedures for implementing this section.
(2) ELEMENTS.The procedures for implementing this sec-
tion shall include, but not be limited to, procedures as follows:
(A) Procedures designating the persons authorized to
make determinations under subsection (a)(2) and the
process by which such determinations are to be made.
(B) Procedures providing that the requirement for mili-
tary custody under subsection (a)(1) does not require the
interruption of ongoing surveillance or intelligence gath-
ering with regard to persons not already in the custody
or control of the United States.
(C) Procedures providing that a determination under
subsection (a)(2) is not required to be implemented until
after the conclusion of an interrogation which is ongoing
at the time the determination is made and does not require
the interruption of any such ongoing interrogation.
(D) Procedures providing that the requirement for mili-
tary custody under subsection (a)(1) does not apply when
intelligence, law enforcement, or other Government officials
of the United States are granted access to an individual
who remains in the custody of a third country.
(E) Procedures providing that a certification of national
security interests under subsection (a)(4) may be granted
for the purpose of transferring a covered person from a
third country if such a transfer is in the interest of the
United States and could not otherwise be accomplished.
(d) AUTHORITIES.Nothing in this section shall be construed
to affect the existing criminal enforcement and national security
authorities of the Federal Bureau of Investigation or any other
domestic law enforcement agency with regard to a covered person,
regardless whether such covered person is held in military custody.
(e) EFFECTIVE DATE.This section shall take effect on the
date that is 60 days after the date of the enactment of this Act,
and shall apply with respect to persons described in subsection
(a)(2) who are taken into the custody or brought under the control
of the United States on or after that effective date.
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Why do people keep bringing up the treatment of Manning in a military prison re: Snowden? [View all]
Recursion
Jul 2013
OP
I wonder if Manny has links to some documentation which backs up his accusation.
Cali_Democrat
Jul 2013
#8
So the answer is "yes, he can be put in solitary confinement for the rest of his life"
MannyGoldstein
Jul 2013
#19
If he were convicted and sentenced to life in prison, and the prison regulations allowed that
Recursion
Jul 2013
#43
Yes, despite the fact that the MILITARY'S OWN PSYCHIATRIST said he wasn't a suicide risk! n/t
markpkessinger
Jul 2013
#40
Actually, there were several psychiatrists involved, including one who not long before
struggle4progress
Jul 2013
#49
Bullshit. He was treated that way by military personnel because they viewed him
JaneyVee
Jul 2013
#28
Who, exactly, is the commander in chief, the top dog, the head honcho, of the military?
ret5hd
Jul 2013
#77
So will there be any courts-martial for that gross violation of human rights
HardTimes99
Jul 2013
#183
They need to excuse the assholes treason. Obama is guilty of following the law
uponit7771
Jul 2013
#3
Well, the 2012 version only applies to persons identified as members of Al Qaeda
Recursion
Jul 2013
#94
Why don't you find in the NDAA the exact section that you think could be used
struggle4progress
Jul 2013
#50
The bill was hundreds of pages long. I suspect the poster never bothered to read
struggle4progress
Jul 2013
#86
Stop spreading disinformation. Section 1021 outlines indefinite detention, not 1022.
woo me with science
Jul 2013
#113
You're the one claiming there's some law allowing the indefinite detention of US Citizens
Recursion
Jul 2013
#153
(1) UNITED STATES CITIZENS.—The requirement to detain a person in military custody
Demit
Jul 2013
#177
Stop spreading disinformation. No. 1021 is for indefinite detention,
woo me with science
Jul 2013
#111
That's exactly what I posted, only I didn't make stuff up about it like you did
Recursion
Jul 2013
#112
Yes. You're claiming there is some law that allows the indefinite detention of US citizens
Recursion
Jul 2013
#141
So, we're agreed no law allows for the indefinite detention of US citizens? Great.
Recursion
Jul 2013
#171
No, the point is that Americans are not clearly exempted from indefinite detention,
woo me with science
Jul 2013
#173
So, Section 1021 turned up empty for you, and now you're just saying there's a generic "danger"?
Recursion
Jul 2013
#174
Well, Snowden can always end in Gitmo. Not sure if I would consider THAT an improvement over
idwiyo
Jul 2013
#12
Yes. What he is most likely will end up in is a solitary confinement, not much better than Gitmo.
idwiyo
Jul 2013
#34
I know. It will be a solitary more likely and not better than what Manning had to go though.
idwiyo
Jul 2013
#35
He was in solitary while he was on suicide watch. This is a problem with military prisons in general
Recursion
Jul 2013
#48
I too am troubled that his request for a private unmonitored interview was denied
Recursion
Jul 2013
#125
I also think that Manning is getting a raw deal. It was he who brought the attention
southernyankeebelle
Jul 2013
#29
Sigh. He released a video that confirmed the military's finding that the attack was within the R.O.E
Recursion
Jul 2013
#54
Can't help but laugh at "Snowden would likely have been charged and released on bail".
idwiyo
Jul 2013
#64
Because when you go to the effort of keeping secret decisions based on secret laws made by secret
dkf
Jul 2013
#79
That's why I can't help but laugh at complete absurdity and hypocrisy of their posts.
idwiyo
Jul 2013
#180
Those are allowed by the rules of military prisons. Those rules should probaby be changed
Recursion
Jul 2013
#99
Well hell, we don't know that they didn't download his brain into a giant computer
Recursion
Jul 2013
#134
As I've said several times, his treatment was found to be illegal by a court
Recursion
Jul 2013
#151
And a judge held the law was broken, and came very close to setting him free
Recursion
Jul 2013
#150
No, that's established case law now. There wasn't case law on this before Padilla
Recursion
Jul 2013
#162
*shrug* Like I said, I can think of a million ways the government could screw us if it ignored law
Recursion
Jul 2013
#166
Because Obama is a power-mad dictator who likes to murder his enemies bare-handed.
baldguy
Jul 2013
#67
Does that mean you do not believe if caught, they might not consider tossing him in a
Drew Richards
Jul 2013
#81
Well I will have to go look it up but if he is possibly charged with treason I believe his
Drew Richards
Jul 2013
#102
Not to sound like a complete conspiracy nut but given our recent use of things like rendition
Arcanetrance
Jul 2013
#82
He will have all the rights and protections any accused federal felon has.
arely staircase
Jul 2013
#93
Yeah, after all there's no chance of a civilian ending up in a military prison without trial...
NuclearDem
Jul 2013
#137
As a person who has family and friends in prison. Bradley Manning was not tortured any more
bravenak
Jul 2013
#138
You are 100% correct. Instead he can be charged under a whole suite of SECRET laws, we, he AND...
TheMadMonk
Jul 2013
#169
A little Carribean vacation resort known as Gitmo. Numerous reports on prisoner treatment...
TheMadMonk
Jul 2013
#179