General Discussion
In reply to the discussion: "Obama Prepares to Authorize Indefinite Detention of US Citizens for First Time Since McCarthy Era" [View all]SunsetDreams
(8,571 posts)(b) APPLICABILITY TO UNITED STATES CITIZENS
16 AND LAWFUL RESIDENT ALIENS.
17 (1) UNITED STATES CITIZENS.The require18
ment to detain a person in military custody under
19 this section does not extend to citizens of the United
20 States.
21 (2) LAWFUL RESIDENT ALIENS.The require22
ment to detain a person in military custody under
23 this section does not extend to a lawful resident
24 alien of the United States on the basis of conduct
25 taking place within the United States, except to the
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363
S 1867 PCS
1 extent permitted by the Constitution of the United
2 States.
http://www.gpo.gov/fdsys/pkg/BILLS-112s1867pcs/pdf/BILLS-112s1867pcs.pdf
Covered persons do not include United States Citizens and Lawful Resident Aliens
(2) COVERED PERSONS.The requirement in
14 paragraph (1) shall apply to any person whose de-
15 tention is authorized under section 1031 who is de-
16 termined
17 (A) to be a member of, or part of, al-
18 Qaeda or an associated force that acts in co-
19 ordination with or pursuant to the direction of
20 al-Qaeda; and
21 (B) to have participated in the course of
22 planning or carrying out an attack or attempted
23 attack against the United States or its coalition
24 partners.