First, Congress considered the National Defense Authorization Act, sections of which gave the President the authority to use the military to arrest and indefinitely detain Americans without trial or charge. The language was revised because of strong condemnation from the American people. But now a new bill has emerged that poses yet another threat to the American citizenry.
Congress is considering HR 3166 and S. 1698 also known as the Enemy Expatriation Act, sponsored by Joe Lieberman (I-CT) and Charles Dent (R-PA). This bill would give the US government the power to strip Americans of their citizenship without being convicted of being “hostile” against the United States. In other words, you can be stripped of your nationality for “engaging in, or purposefully and materially supporting, hostilities against the United States.” Legally, the term “hostilities” means any conflict subject to the laws of war but considering the fact that the War on Terror is a little ambiguous and encompassing, any action could be labeled as supporting terrorism. Since the Occupy movement began, conservatives have been trying to paint the protesters as terrorists.
The new law would change a part of US Code 1481 which can be read in full here. Compare 3166 to 1481 and the change is small. The new section makes no reference to being convicted as it does in section (7). So even though the language of the NDAA has been revised to exclude American citizens, the US government merely has to strip Americans of their citizenship and the NDAA will apply. And they will be able to do so without convicting the accused in a court of law.
I hope I’m wrong, but it sounds to me like this is a loophole for indefinitely detaining Americans. Once again, you just have to be accused of supporting hostilities which could be defined any way the government sees fit. Then the government can strip your citizenship and apply the indefinite detention section of the NDAA without the benefit of a trial. This certainly must be questioned by American citizens. The way these defense obsessed Republicans think, our rights are always in danger of being taken away.
To read the full text of the bill, go here.
