So, I've read over Divison A, Title X, Subtitle D, and the sections that follow, pertaining to this whole totalitarian scare. This effects the following, as written in the bill itself, and qouted truthfully:
" (b) COVERED PERSONS.—A covered person under
4 this section is any person as follows:
5 (1) A person who planned, authorized, com-
6 mitted, or aided the terrorist attacks that occurred
7 on September 11, 2001, or harbored those respon-
8 sible for those attacks.
9 (2) A person who was a part of or substantially
10 supported al-Qaeda, the Taliban, or associated forces
11 that are engaged in hostilities against the United
12 States or its coalition partners, including any person
13 who has committed a belligerent act or has directly
14 supported such hostilities in aid of such enemy
15 forces
Basically, if one is a terrorist or traitor, and the government knows so, the government will detain them. They will not randomly pick a person off of the street, and start kidnapping citizens en mass from their beds. They will not, for no reason at all, detain people out of paranoia. It would be a waste or resources and time. You're an idiot if you think they will actually bother to do this; they don't have the money or manpower to execute and sustain such an operation (to just start snatching people up randomly and numerously).
The following details what is to happen after being detained:
(c) DISPOSITION UNDER LAW OF WAR.—The dis-
17 position of a person under the law of war as described
18 in subsection (a) may include the following:
19 (1) Detention under the law of war without
20 trial until the end of the hostilities authorized by the
21 Authorization for Use of Military Force.
22 (2) Trial under chapter 47A of title 10, United
23 States Code (as amended by the Military Commis-
24 sions Act of 2009 (title XVIII of Public Law 111–
25 84)). 428
†S 1867 ES
1 (3) Transfer for trial by an alternative court or
2 competent tribunal having lawful jurisdiction.
3 (4) Transfer to the custody or control of the
4 person’s country of origin, any other foreign coun-
5 try, or any other foreign entity
A person will in fact face trial. They are just giving themselves room to cut through the bullshit when they know they have their man/woman-- a trial will be held at the end of hostilities/war. Otherwise one MAY be faced with a trail after being detained. It would be counter-productive to hold an innocent person, when the real culprits are still out there, yes?
(e) AUTHORITIES.—Nothing in this section shall be
11 construed to affect existing law or authorities, relating to
12 the detention of United States citizens, lawful resident
13 aliens of the United States or any other persons who are
14 captured or arrested in the United States
This says that a person won't be beaten, tortured, or any of the like. A person's human rights, not pertaining to specific lawful freedoms, shall be upheld.
(f) REQUIREMENT FOR BRIEFINGS OF CONGRESS.—
16 The Secretary of Defense shall regularly brief Congress
17 regarding the application of the authority described in this
18 section, including the organizations, entities, and individ-
19 uals considered to be ‘‘covered persons’’ for purposes of
20 subsection (b)(2)
Just noting that Congress will be briefed regularly. It isn't a rampant power-play by the executive branch.
SEC. 1036. PROCEDURES FOR STATUS DETERMINATIONS.
20 (a) IN GENERAL.—Not later than 90 days after the
21 date of the enactment of this Act, the Secretary of Defense
22 shall submit to the appropriate committees of Congress
23 a report setting forth the procedures for determining the
24 status of persons detained pursuant to the Authorization 443
†S 1867 ES
1 for Use of Military Force (Public Law 107–40) for pur-
2 poses of section 1031.
3 (b) ELEMENTS OF PROCEDURES.—The procedures
4 required by this section shall provide for the following in
5 the case of any unprivileged enemy belligerent who will
6 be held in long-term detention under the law of war pursu-
7 ant to the Authorization for Use of Military Force:
8 (1) A military judge shall preside at pro-
9 ceedings for the determination of status of an
10 unprivileged enemy belligerent.
11 (2) An unprivileged enemy belligerent may, at
12 the election of the belligerent, be represented by
13 military counsel at proceedings for the determination
14 of status of the belligerent.
15 (c) REPORT ON MODIFICATION OF PROCEDURES.—
16 The Secretary of Defense shall submit to the appropriate
17 committees of Congress a report on any modification of
18 the procedures submitted under this section. The report
19 on any such modification shall be so submitted not later
20 than 60 days before the date on which such modification
21 goes into effect.
22 (d) APPROPRIATE COMMITTEES OF CONGRESS DE-
23 FINED.—In this section, the term ‘‘appropriate commit-
24 tees of Congress’’ means— 444
†S 1867 ES
1 (1) the Committee on Armed Services and the
2 Select Committee on Intelligence of the Senate; and
3 (2) the Committee on Armed Services and the
4 Permanent Select Committee on Intelligence of the
5 House of Representatives
This is just going over the fact that the government will have their shit together, and have reason for their actions-- they aren't just acting out of paranoia. An unprivileged enemy belligerent is someone who is actively attacking the United States, civilian or not, or has SUPPORTED those that are attacking the United States. Like before, traitors and terrorists, basically. Interestingly enough, it's just a modification of a classification set in place by the Bush administration. The Obama admistration merely added that a member of the Taliban/ Al Qaeda are now considered an unprivileged enemy belligerent, which was missing from the previous label of unlawful enemy combatant.
I've gone at this long enough, both reading and putting this post together. This is my interpretation of the bill, and from what I'm reading it's being blown way out of proportion. They are denying a person the right to REQUEST a trail, however one will be getting one anyway. It's essentially set up to allow the government to interrogate those they know to have been in unlawful connection with terrorists, and to do so without the interference of the judicial system, until after they get what the information they want. If they have no information to obtain, they'll likely push the detained person(s) to trial.
I have not quoted the section of the bill pertaining to this matter completely. I have only quoted what is relevant to this thread, and the fears that many normal citizens may be having. I have quoted all text from the bill faithfully. My interpretation comes with no legal weight or credibility.