Letters posted here are associated with the following Salon Premium Member:
Published Letters: 1919
Editor's Choice: 60
I would suggest that anyone who's interested to find and read the entire Act (the defintions are important) and not fall for Golden Boy's stale "John Stossel" routine. Maybe he'll get it someday. Or not.
If you think the folks running this government didn't include escape hatches where they could tag citizens well...okay...
It's a very basic slight of hand to allow the govt, if they so desire, to use normal criminal law to hold citizens under the MCA and would make a seedy Three Card Monte Dealer proud.
Here's part of a pretty good analysis by a "wiki" poster which shut up all the usual suspects once it dropped.
"‘‘(3) ALIEN.—The term ‘alien’ means a person who is not a citizen of the United States"
Next, Congress tries to pull the wool over everyone's eyes by describing to whom this new law will apply. The section is as follows:
‘‘§ 948c. Persons subject to military commissions ‘‘Any alien unlawful enemy combatant is subject to trial by military commission under this chapter."
This is where the media went astray because after reading this section, they apparently never bothered to read further. It is in the further reading that Congress cunningly (and quite deliberately) puts every American citizen on the hook!
On Page 31 of the PDF file, beginning with (25) PROVIDING MATERIAL SUPPORT FOR TERRORISM, Item (B) makes reference to regular U.S. Criminal law (underlined below) by stating:
‘‘(25) PROVIDING MATERIAL SUPPORT FOR TERRORISM.— ‘‘(A) OFFENSE.—Any person subject to this chapter who provides material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, an act of terrorism (as set forth in paragraph (24)), or who intentionally provides material support or resources to an international terrorist organization engaged in hostilities against the United States, knowing that such organization has engaged or engages in terrorism (as so set forth), shall be punished as a military commission under this chapter may direct. ‘‘(B) MATERIAL SUPPORT OR RESOURCES DEFINED.—In this paragraph, the term ‘material support or resources’ has the meaning given that term in section 2339A(b) of title 18.
At this point, in order to understand the definition, we must go to Title 18, United States Code, Section 2339 (A) and (b) which reads:
TITLE 18 > PART I > CHAPTER 113B > § 2339
§ 2339. Harboring or concealing terrorists
(a) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit, an offense under section 32 (relating to destruction of aircraft or aircraft facilities), section 175 (relating to biological weapons), section 229 (relating to chemical weapons), section 831 (relating to nuclear materials), paragraph (2) or (3) of section 844 (f) (relating to arson and bombing of government property risking or causing injury or death), section 1366 (a) (relating to the destruction of an energy facility), section 2280 (relating to violence against maritime navigation), section 2332a (relating to weapons of mass destruction), or section 2332b (relating to acts of terrorism transcending national boundaries) of this title, section 236 (a) (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284 (a)), or section 46502 (relating to aircraft piracy) of title 49, shall be fined under this title or imprisoned not more than ten years, or both.
(b) A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.
Once again, Congress sneaks American Citizens into this law, this time by referencing a definition of a separate Criminal law. When the criminal statute (above) says "Whoever. . . . ." it means exactly that: WHOEVER!
For those of you who still don't accept my analysis of the law, the following will eradicate any misconception you may have.
On that same page 31 of the the PDF file, Section (26) cuts to the chase by stating:
‘‘(26) WRONGFULLY AIDING THE ENEMY.—Any person subject to this chapter who, in breach of an allegiance or duty to the United States knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct.
The ONLY people in the world who can commit a "breach of allegiance or duty to the United States" are U.S. Citizens. We're the only ones who have such an allegiance or duty!"
So there you have it folks. In black and white for all the world to see."