Saturday, December 31, 2011

White House to Sign Off on Indefinite Detention Bill

Oh, brilliant. Excerpts:
The White House is signing off on a controversial new law that would authorize the U.S. military to arrest and indefinitely detain alleged al Qaeda members or other terrorist operatives captured on American soil.

As the bill neared final passage in the House of Representatives and the Senate on Wednesday, the Obama administration announced it would support passage of the National Defense Authorization Act (NDAA), which contains slightly watered-down provisions giving the military a front line role in domestic terrorism cases.

The administration abandoned its long-held veto threat due to changes in the final version of the bill, namely that in its view, the military custody mandate has been "softened." The bill now gives the President the immediate power to issue a waiver of the military custody requirement, instead of the Defense Secretary, and gives the President discretion in implementing these new provisions.

"We have concluded that the language does not challenge or constrain the President's ability to collect intelligence, incapacitate dangerous terrorists, and protect the American people, and the President's senior advisors will not recommend a veto," the White House statement said...

While the bill never expanded the authority to detain American citizens indefinitely without charges, proponents said the legislation would codify court decisions finding the President does have the authority to declare "enemy combatants," as commander-in-chief and under the post-9/11 Authorization for Use of Military Force against al Qaeda and its allies. The administration, which has pledged not to use this power, believes the bill leaves this legal issue unresolved...

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