LIONEL PODCAST: The Questions Ted Baxter Will Never Ask

Questions, questions and more questions. Why did they do this? Were they alone? What was their cause and objective? Whom did they represent? Were they a part of a cell? Was their stated faith a factor at all? Was the police reaction along with what seems to be substantial military support rational, warranted and permitted by law? Why is anyone in the government even mentioning or discussing Miranda warnings being issued? A priori, no less? Why was there no getaway plan? Why not just get away period? Was this an act of war or a crime? (Not my idea, I assure you.) What about the mindless profiling and prognostications and attempted vatic augury as to the idea of the bomber(s) without a shred of evidence. What about The Posse Comitatus Act? As firewalls between domestic and military disintegrate. Will the tried and trite enemy combatant designations be dusted off, will there be those who clamor for a declaration of war?

And one more thing. Take a look at this. This is the NDAA. Notice anything familiar? Don’t worry. You will.

Sec 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR THE — USE OF MILITARY FORCE.

(a) IN GENERAL.-Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107–40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

(b) COVERED PERSONS.-A covered person under this section is any person as follows:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.

(c) DISPOSITION UNDER THE LAWS OF WAR.- The disposition of a person under the law of war as described in subsection (a) may include the following:
(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84))
(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.

(d) CONSTRUCTION.- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.

(e) 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.

And these words, these predictions infra shall and will live forever. In my memory. Without a shred of evidence these brave men weighed in, still frothing after the assault weapons debate and debacle. And to be fair even the (I suppose) right jumped on the Islamist bandwagon. Again without a scintilla of evidence. This is what we’ve become. Prescient profilers. 

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