Key:
Orange - House Resolution Bill 1540
Yellow - Obama's released 12/31/2011 Statement regarding same (excerpts)
Green - My Commentary
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Enrolled Bill HR 1540 as signed by the usurper Obama
The Obama Statement released Saturday December 31, 2011, while Obama was vacationing in Hawaii, is DANGEROUS.
Obama in this Press Release, declares himself both Executive and Judiciary (the interpreter of what laws are legal or not, based on his own oral decree, regardless of whatever Legislation Congress writes into the Bills he allegedly signs into Law).
Regarding the most DANGEROUS of how he will pick and choose in terms of NATIONAL SECURITY -- Obama's Press Release insists that Obama has the "authority" to make an Oral Judicial Decision as to what he has to and doesn't have to follow....whatever he deems is "non-binding" suddenly becomes so, as if he smokes a joint, goes "poof", and expects his altered state to become our reality. Again, while others worry about US Citizen Detention by the Military on US Soil,
notice that Obama is especially peeved on any restrictions of giving Classified Nuclear weapons Secrets to the Russians. In all of this letter, that is the one sore ideology conflict that has gotten under Obama's skin...interference of the most serious Military Betrayal in the History of the World, the betrayal of the most intimate US Nuclear Weapons Military Secrets.
The White House
Office
of the Press Secretary
For Immediate Release
December 31, 2011
Statement
by the President on H.R. 1540
Today
I have signed into law H.R. 1540, the "National Defense Authorization Act
for Fiscal Year 2012." I have signed the Act....
The
fact that I support this bill as a whole does not mean I agree with everything
in it. In particular, I have signed this bill despite having serious
reservations with certain provisions that regulate the detention, interrogation,
and prosecution of suspected terrorists.
... some in Congress continue to insist upon restricting
the options available to our counterterrorism professionals and interfering
with the very operations that have kept us safe. My Administration has
consistently opposed such measures.
Ultimately, I decided ... my
Administration will interpret and implement the provisions described below in a
manner that best preserves the flexibility...
Section 1027 renews the bar against using appropriated
funds for fiscal year 2012 to transfer Guantanamo detainees into the United
States for any purpose. I continue to oppose this provision, which intrudes
upon critical executive branch authority to determine when and where to
prosecute Guantanamo detainees....
Page 269
SEC. 1027. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER
OR RELEASE OF INDIVIDUALS DETAINED AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
None of the funds authorized to be appropriated by this Act
for fiscal year 2012 may be used to transfer, release, or assist
OR RELEASE OF INDIVIDUALS DETAINED AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
None of the funds authorized to be appropriated by this Act
for fiscal year 2012 may be used to transfer, release, or assist
P 270
in the transfer or release to or within the United States, its territories,
or possessions of Khalid Sheikh Mohammed or any other
detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
or possessions of Khalid Sheikh Mohammed or any other
detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Other
provisions in this bill above could interfere with my constitutional foreign
affairs powers.
Section
1244 requires the President to submit a report to the Congress 60 days prior to
sharing any U.S. classified ballistic missile defense information with Russia.
Section 1244 further specifies that this report include a detailed description
of the classified information to be provided.
P 349
SEC. 1244. SHARING OF CLASSIFIED UNITED STATES BALLISTIC MISSILE
DEFENSE INFORMATION WITH THE RUSSIAN FEDERATION.
(a) NOTIFICATION.—No classified United States ballistic missile
defense information may be made available to the Russian Federation
unless, 60 days prior to any instance in which the United
States Government plans to provide such information to the Russian
Federation, the President provides notification thereof to the appropriate
congressional committees.
(b) ELEMENTS OF NOTIFICATION.—Each notification provided
pursuant to subsection (a) shall include the following:
(1) A detailed description of the classified United States
ballistic missile defense information to be provided.
(2) An explanation of the national security interest in providing
the information to the Russian Federation and any provisions
for reciprocal sharing by the Russian Federation with
the United States on its defensive systems.
(3) A certification that providing the information is consistent
with United States national disclosure policy as of the
date of enactment of this Act and that the decision to provide
the information was made pursuant to a national disclosure
policy review.
(4) If applicable, a detailed explanation of whether any
exceptions to national disclosure policy were required in order
to provide the information to the Russian Federation and why
such exceptions were required.
(5) A certification that adequate measures are in place
to protect the information from unauthorized disclosure. The
certification shall include a description of the manner in which
the information will be protected from unauthorized sharing
or transfer to third parties as well as an analysis of the risks
to the capabilities of the United States ballistic missile defense
system if the information is shared or transferred to an
unauthorized third party.
(c) FORM.—Each notification provided pursuant to subsection
(a) shall be submitted in unclassified form, but may include a
classified annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—For
the purposes of this section, the term ‘‘appropriate congressional
committees’’ means—
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.
(e) CLASSIFIED UNITED STATES BALLISTIC MISSILE DEFENSE
INFORMATION DEFINED.—For the purposes of this section, the term
‘‘classified United States ballistic missile defense information’’
means information related to United States ballistic missile
DEFENSE INFORMATION WITH THE RUSSIAN FEDERATION.
(a) NOTIFICATION.—No classified United States ballistic missile
defense information may be made available to the Russian Federation
unless, 60 days prior to any instance in which the United
States Government plans to provide such information to the Russian
Federation, the President provides notification thereof to the appropriate
congressional committees.
(b) ELEMENTS OF NOTIFICATION.—Each notification provided
pursuant to subsection (a) shall include the following:
(1) A detailed description of the classified United States
ballistic missile defense information to be provided.
(2) An explanation of the national security interest in providing
the information to the Russian Federation and any provisions
for reciprocal sharing by the Russian Federation with
the United States on its defensive systems.
(3) A certification that providing the information is consistent
with United States national disclosure policy as of the
date of enactment of this Act and that the decision to provide
the information was made pursuant to a national disclosure
policy review.
(4) If applicable, a detailed explanation of whether any
exceptions to national disclosure policy were required in order
to provide the information to the Russian Federation and why
such exceptions were required.
(5) A certification that adequate measures are in place
to protect the information from unauthorized disclosure. The
certification shall include a description of the manner in which
the information will be protected from unauthorized sharing
or transfer to third parties as well as an analysis of the risks
to the capabilities of the United States ballistic missile defense
system if the information is shared or transferred to an
unauthorized third party.
(c) FORM.—Each notification provided pursuant to subsection
(a) shall be submitted in unclassified form, but may include a
classified annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—For
the purposes of this section, the term ‘‘appropriate congressional
committees’’ means—
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.
(e) CLASSIFIED UNITED STATES BALLISTIC MISSILE DEFENSE
INFORMATION DEFINED.—For the purposes of this section, the term
‘‘classified United States ballistic missile defense information’’
means information related to United States ballistic missile
P 350
defenses that is classified as of, or after, the date of enactment
of this Act.
While my Administration intends
to keep the Congress fully informed of the status of U.S. efforts to cooperate
with the Russian Federation on ballistic missile defense, my Administration
will also interpret and implement section 1244 in a manner that does not
interfere with the President's constitutional authority to conduct foreign
affairs and avoids the undue disclosure of sensitive diplomatic communications.
{Translation: In other words, Obama will make up his own laws as he goes along. He will say that if Panetta tells certain top clearance Congress members that on a certain date the Obama Administration shared 62 terabytes of our most sensitive Nuclear Weapons secrets on such and such a date with only the barest of generalities and no specifics...he has fulfilled his obligation to Congress.
In matter of fact, Obama is on a direct Agenda to a Nuclear Emasculation of the US Military
based on a Communist and Muslim driven ideology, that it is his duty to as Baraq, the winged jack-ass of Mohammed,
to prepare the Great Satan of Islam -- the United States of America -- for total slavery to Islam
(de facto a religion based on the worship of Satan as the religion of Satan )
or for sacrifice, as taught him in school in Jakarta Indonesia as part of Shia Islamic Jihadi ideology, and reinforced in his visit to Hyderabad India
when he was apparently very willingly recruited by Muslim Jihadi Insiders while enrolled at Occidental College.}
Other
sections pose similar problems. Sections 1231, 1240, 1241, and 1242 could be
read to require the disclosure of sensitive diplomatic communications and
national security secrets; and sections 1235, 1242, and 1245 would interfere
with my constitutional authority to conduct foreign relations by directing the
Executive to take certain positions in negotiations or discussions with foreign
governments.
Like section 1244, should any application of these provisions
conflict with my constitutional authorities, I will treat the provisions as
non-binding.
.... My Administration will aggressively
seek to mitigate those concerns through the design of implementation procedures
and other authorities available to me
[Translation: I, Barack Hussein Obama, demand that I have the authority to pick and choose what I will and will not follow as legislated by Congress and signed by me into Law simply because if that's what I feel like doing, then screw you. ]
as Chief Executive and Commander in
Chief, will oppose any attempt to extend or expand them in the future, and will
seek the repeal of any provisions that undermine the policies and values that
have guided my Administration throughout my time in office.
BARACK OBAMA
THE WHITE HOUSE,
December 31, 2011.
[Never mind that I'm vacationing in Hawaii at the time of this release.]
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Update: January 7, 2011
In a more trusting or "business as usual, I can't see the forest for the trees" view, you may also wish to read the academic counter-view at:
In part 2, for example, Marty Lederman and Steve Vladeck presume that:
Section 1021 would authorize the military detention of at least some persons who “substantially supported
al-Qaeda, the Taliban, or associated forces that are engaged in
hostilities against the United States or its coalition partners.” The
adverb “substantially,” however, is not defined. In construing what
forms of “support” to al Qaeda would be “substantial,” and thereby
warrant military detention, we think it would not be appropriate merely
to apply some sort of quantitative metric, particularly if that results
in a detention practice that has not historically been viewed as “a
fundamental incident of waging war.” (Hamdi.) End of update
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