President Obama's New And Improved Military Commissions Act of 2009 - SIGNED Into LAW October 28, 2009! Section 1040: NO MIRANDA WARNINGS FOR AL QAEDA TERRORISTS

There is one thing that I forgot to mention in my last two post. The Obama administration, his mouthpieces and his media have used Richard Reid aka the shoe bomber as their defense in trying Al Qaeda terrorists in Federal Court. What all of them have failed to tell the public is that Richard Reid, a U.K. citizen, attempted to bomb an airplane in flight on December 22, 2001. That was 3 months after the September 11th attacks. The Military Commissions Act of 2006 had not yet been signed into law. Therefore, YES this self-admitted Al Qaeda terrorist was tried and convicted by the U.S. Federal Court system. He is now serving a life sentence in a super maximum security prison. Moreover, the 300 terrorist everyone keeps mentioning on t.v. and print were ALSO tried and convicted before the MCA of 2006 was signed into LAW!

I am somewhat of a speed reader. I also have a gift for spotting areas of interest. I was scanning through the table of contents and then bingo! You will never guess what I have just finished reading on President Obama's new and improved Military Commissions Act of 2009 that REPLACED former President Bush's MCA of 2006. Please click HERE to read the HOUSE OF REPRESENTATIVES, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010 CONFERENCE REPORT TO ACCOMPANY H.R. 2647 in pdf format.

No Miranda warnings for al Qaeda terrorists (sec. 1040); page 837

The House bill contained a provision (sec. 1036) that would require the Secretary of Defense to report to the congressional defense committees on the impact of the reading of rights under Miranda v. Arizona (384 U.S. 436 (1966)) to detainees in Afghanistan on United States military and intelligence operations in that country.

The Senate amendment contained a provision (sec. 1033) that would prohibit the reading of such rights to enemy belligerents, subject to certain limitations.

The Senate recedes with an amendment that would combine the two provisions.

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Now that I am aware of President Obama's new and improved MCA of 2009 and have read the following, I am stumped at how the Obama adminstration handled the would-be bomber Umar Farouk Abdulmutallab. Even after the radical Yemeni cleric Anwar Al-Awlaqi from Al Qaeda publicly praised the Christmas Day attempt to blow up a US airliner and even said the man accused in the attack was his "student," according to an interview published by Al-Jazeera. Do all of you realize that a U.S. citizen caught in a crime would be treated FAR WORSE than Umar Farouk was?! Why does our government waste time drafting bills and then SIGN bills into LAW if they don't bother applying them?! Please click HERE to read an AP Exclusive: Feds detail Christmas Day attack and how quickly they read Farouk his MIRANDA RIGHTS!

I have taken the following excerpt from H.R. 2647: The National Defense Authorization Act for Fiscal Year 2010 (Enrolled as Agreed to or Passed by Both House and Senate) Library of Congress website. Please click HERE if you would like to read the entire bill yourself in pdf format.

SEC. 1040. NO MIRANDA WARNINGS FOR AL QAEDA TERRORISTS.

(a) NO MIRANDA WARNINGS.—

(1) IN GENERAL.— Absent a court order requiring the reading of such statements, no member of the Armed Forces and no official or employee of the Department of Defense or a component of the intelligence community (other than the Department of Justice) may read to a foreign national who is captured or detained outside the United States as an enemy belligerent and is in the custody or under the effective control of the Department of Defense or otherwise under detention in a Department of Defense facility the statement required by Miranda v. Arizona (384 U.S. 436 (1966)), or otherwise inform such an individual of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona (384 U.S. 436 (1966)).

(2) NONAPPLICABILITY TO DEPARTMENT OF JUSTICE.—This subsection shall not apply to the Department of Justice.

(3) DEFINITIONS.—In this subsection:

(A) The term ‘‘foreign national’’ means an individual who is not a citizen or national of the United States.

(B) The term ‘‘enemy belligerent’’ includes a privileged belligerent against the United States and an unprivileged enemy belligerent, as those terms are defined in section 948a of title 10, United States Code, as amended by section 1802 of this Act.

(b) REPORT REQUIRED ON NOTIFICATION OF DETAINEES OF RIGHTS UNDER Miranda v. Arizona.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on how the reading of rights under Miranda v. Arizona (384 U.S. 436 (1966)) to individuals detained by the United States in Afghanistan may affect—

(1) the tactical questioning of detainees at the point of capture by United States Armed Forces deployed in support of Operation Enduring Freedom;

(2) post-capture theater-level interrogations and intelligence-gathering activities conducted as part of Operation Enduring Freedom;

(3) the overall counterinsurgency strategy and objectives of the United States for Operation Enduring Freedom;

(4) United States military operations and objectives in Afghanistan; and

(5) potential risks to members of the Armed Forces operating in Afghanistan.