Sunday, January 01, 2012

obama signed indefinite detention into law...,

GlennGreenwald | President Obama signed the National Defense Authorization Act (NDAA) into law today. The statute contains a sweeping worldwide indefinite detention provision. While President Obama issued a signing statement saying he had “serious reservations” about the provisions, the statement only applies to how his administration would use the authorities granted by the NDAA, and would not affect how the law is interpreted by subsequent administrations. The White House had threatened to veto an earlier version of the NDAA, but reversed course shortly before Congress voted on the final bill.

“President Obama's action today is a blight on his legacy because he will forever be known as the president who signed indefinite detention without charge or trial into law,” said Anthony D. Romero, ACLU executive director. “The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by this and future presidents to militarily detain people captured far from any battlefield. The ACLU will fight worldwide detention authority wherever we can, be it in court, in Congress, or internationally.”

Under the Bush administration, similar claims of worldwide detention authority were used to hold even a U.S. citizen detained on U.S. soil in military custody, and many in Congress now assert that the NDAA should be used in the same way again. The ACLU believes that any military detention of American citizens or others within the United States is unconstitutional and illegal, including under the NDAA. In addition, the breadth of the NDAA’s detention authority violates international law because it is not limited to people captured in the context of an actual armed conflict as required by the laws of war.

“We are incredibly disappointed that President Obama signed this new law even though his administration had already claimed overly broad detention authority in court,” said Romero. “Any hope that the Obama administration would roll back the constitutional excesses of George Bush in the war on terror was extinguished today. Thankfully, we have three branches of government, and the final word belongs to the Supreme Court, which has yet to rule on the scope of detention authority. But Congress and the president also have a role to play in cleaning up the mess they have created because no American citizen or anyone else should live in fear of this or any future president misusing the NDAA’s detention authority.”

The bill also contains provisions making it difficult to transfer suspects out of military detention, which prompted FBI Director Robert Mueller to testify that it could jeopardize criminal investigations. It also restricts the transfers of cleared detainees from the detention facility at Guantanamo Bay to foreign countries for resettlement or repatriation, making it more difficult to close Guantanamo, as President Obama pledged to do in one of his first acts in office.


nanakwame said...

No surprise here:
Throwing the word fascism at
laws legislated, is not always good. I will agree that in the last ten years,
laws created by Congress and Supreme Court have been troublesome, and can be
used by a social motion of reactionaries like a return to some form of public
Calvinism let us say. We working fathers have mentioned a few ourselves. B/c
the man who challenged Calvin became fat and bourgeois, doesn’t mean the
philosophical core was wrong. The problem we have is to re-define a moral center
with practical rituals of libertine, not this; how can government or Inc., of
any kind, takes care of us, we already know that answer. And we know how to
make public demands; manageable and even build creative environs. Why is that
question, they center us on, when the citizens themselves are divided on the
question and/or on the vertical feed. There forth, we do need an Authoritarian
period, and that my friend, for The States is skating on some thin ice. Well
maybe I will see a culling that makes budgets and laws simpler, who knows, who
really knows my good Doctor?....This is an interesting article on the population of the U.S.A. .....btw What is private today has changed that is important for a good dialogue imho.

Tom said...

That's complex and multifaceted, but I'm still against the fascism.

CNu said...

Yeah, the pro-corporate, pro-.000001% force projection under color of authority is an added stressor....,

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