The Senate passed the 2012 defense authorization bill 86-13 on Thursday, one day after the House of Representatives passed it in a 283-136 vote. The bill, which codifies a system of indefinite detention for terrorism suspects, will be sent to the President’s desk today.
The Obama administration is supportive of the bill and is expected to sign it into law, despite initially threatening to veto it on the grounds that those provisions “mandat[ing] military custody” amounted to a “restriction of the President’s authority” to choose what to do with terrorism suspects. No mention of the disintegration of the fifth amendment’s due process clause appeared in the administration’s objection.
In response to this veto threat, the Senate revised the provisions mandating military custody and inserted the option of a waiver for American citizens; that is, the Executive branch would be allowed to waive the requirement to deprive suspects of their constitutional rights at their discretion.
As revealed in the Senate deliberations last week, the Obama administration itself requested the principal authors of the provision – John McCain and Carl Levin – to include language authorizing due-process-free military custody for American citizens. The initial threat of veto was apparently nothing more than political theater on the part of the White House.
While the provision’s language is threatening to the due process rights of the accused – whether U.S. citizen or not – the bill would really only codify into law already existing practice for depriving accused terrorists of due process.
“If President Obama signs this bill,” said Laura W. Murphy, director of the ACLU Washington Legislative Office, ”it will damage both his legacy and America’s reputation for upholding the rule of law. The last time Congress passed indefinite detention legislation was during the McCarthy era and President Truman had the courage to veto that bill. We hope that the president will consider the long view of history before codifying indefinite detention without charge or trial.”
29 thoughts on “Congress Passes Defense Bill Codifying Indefinite Detention”
The long extant, but not openly proclaimed, US police state is now official.
Damage his legacy or add to it?
What did I do?
*****From Antiwar.com: We are having commenting issues. Please don’t overreact.
Fuck you. There, that’s something you can delete. And no more contributions from my ass.
Absolutely appalling. In their trampling on the most fundamental rights of every U.S. citizen, the congressmen and women, and the senators, who voted for indefinite detention declare themselves to be enemies of the american people.
"America's reputation for upholding the rule of law"? Is this an Onion piece? Is there any law that isn't routinely violated? Compare the Bill of Rights with the thuggish nature of our out-of-control government. Our "leaders" are power-hungry sociopaths.
News flash to the uninformed: the government is not protecting you. They are, in fact, far more dangerous than some cave-dwellers in Afghanistan.
Time to face facts. The war on terror is the most expensive scam in world history. It's about power. Nothing more. The wars are a means of robbing us of our money and our liberty. Those doing the killing and looting do not care about you. Anyone who places his trust in these cretins deserves to be a slave.
Like terrorism has been such a problem the last 10 years that we must pass an Enabling Act to make the president a dictator. This is a fascist country. That is not hyperbole.
The ONLY reason these Thugs and Thieves have been able to perpetrate and perpetuate this obscenity is because of the so-called "Terror Event" of September 11, 2001.
The ONLY way this so-called "War" Against so-called "Terrorism" can and will be stopped is if The Lie, Scam, Hoax, and Sham of 9.11 is exposed, and the people who conceived, approved, planned, resourced, executed, and covered it up are brought to terminal justice. If that does not happen, then Chancellor Cheney was right: This "war" will indeed go on forever.
Those who denigrate and deny 9.11 TRUTH aid and abet The Enemy.
antiWar.com must use its moral and intellectual authority to lead the unconditional national and global Demand for The Whole, Real, Actual, Truth. If it does not, then it is part of The Problem, and not The Solution.
Y U NO TALK ABOUT FIRST IRAQ WAR?
ME NO TALK ABOUT FIRST IRAQ WAR because the article being commented upon was about The Second Iraq War. But, for you, paulBass, Me Talk About First Iraq War. And First Iran War, too.
Let’s talk about that one first. You know, the one where the US and the rest of the West gave Saddam tens of billions of dollars and billions more worth of war gear to wage Bush the Elder’s Holy War against Iran (while of course at the same time providing arms to Iran as part of the Iran-Contra goat-rope, and giving Saddam nerve gas to use against both Iranians and non-compliant Iraqis). Does anybody know how many millions upon millions of casualties were suffered on each side? Does anybody care? The most important thing about America’s First Iran War was that it paved the way two years after its conclusion, paulBass, for your “FIRST IRAQ WAR”… (to be continued)
….. your "FIRST IRAQ WAR"…
The realized ultimate meta-strategic objective of which was to enable the US to finally establish a large-scale, permanent, war-fighting military presence in the Middle East, something it had been intent upon doing and attempting to do since at least the end of WWII — if not before — and without which it would not have been able to launch the so-called “War” Against so-called “Terrorism” while "liberating" Afghanistan in the weeks after 9.11. Saddam’s timely “invasion” of Kuwait on orders from his owners and operators in DC enabled the Centurions of Bush the Elder’s “New World Order” (his term, not mine) to be moved into place on ‘the Grand Chessboard.”
By then, our goons in our other Holy War — you know, the one with the Taliban and Osama and Da Boyz of alQ on our side against “The Evil Empire,” aka the soon-to-be-former Soviet Union — had about wrapped up their business and settled back to getting ready for and waiting on their cue to play their bit role in our Next Great Crusade. The cue? The so-called “Terror Event” of September 11, 2001.
But that's TRUTHER talk; far too True For You.
Why are You so afraid of it????
"Truthers" you call us.
Is that anything, i wonder, is that anyThing like "DEATHERS"
i have no doubt whatsoever, paulBass, that you believe your governement's (and its media's) tale of the "DEATH OF OSAMA BIN LADEN."
WHY do you believe these people? About ANYTHING?
What's YOUR — antiTRUTHER — plan to stop the so-called "War" Against so-called "Terrorism"? Abroad and at home?
Do you have one?
Do you understand the definition of the word, concept, and action of "PLAN"?
"The ONLY reason these Thugs and Thieves have been able to perpetrate and perpetuate this obscenity is because of the so-called "Terror Event" of September 11, 2001. "
Well, there's the minor detail that massive majorities of Americans keep electing them. They keep falling for the charade that Dems offer change from Repubs, and that Repubs offer change from Dems, and the end result was that the candidates who would have had a different policy as President in the last election got about 2% of the vote
There are those who still don't believe that "Freedom" has been eradicated from the fabric of this country and that we are quickly becoming a fascist dictatorial state. Still. The final proof will be when the case is dropped in the lap of the Supreme Court regarding the (obvious) unconstitutionality of this law. When the Court either declines to take the case (wouldn't surprise me at all) or actually grows a pair and takes it but rules in favor of the Archons then – THEN the tale will have been told and even those who view what is happening with closed eyes will have to see it for what it is.
And after they "see it for what it is," curmudgeonvt, WHAT will they do?
And WHO exactly is "They"?
i haven't seen any polls yet (i doubt that any exist), but my guess is that very Very VERY few Americans have any problems whatsoever with Indefinite Detention.
And even Less have enough of a problem with it to even begin to think about, let alone imagine, actually really DOING something about it.
The purpose of terrorism is to terrorize. And that is why 9.11 is the most successfull psychological warfare operation in history. It accomplished exactly what it was intended to achieve: to terrorize the American people into going along with EVERYTHING and ANYTHING that its government and that government's media told them must be done to preserve and protect "The American Way of Life and Living."
I assume that your questions are rhetorical – but maybe not so: "They" will do nothing, as you say. "They" are those who believe what is told to them by the all-seeing benevolent government – you know, the one that promises to "take care of you." It may be true that so few might actually have a problem with Indef Detention and that, while not surprising, is really scary because they are the ones who so often spout platitudes about defending the Constitution and such.
The Patriot Act was created to institutionalize the terrorism of the American people. It allows the Archons to ratchet up the fear without actually having to resort to violence. But when the level of fear drops, due either to indifference (most likely) or recognition of what is being done to them (possible but not likely) then, well, then something will have to happen to re-instill the FEAR that is necessary to keep the ball rolling.
So, this new law which "codifies" the "disappearing" of American citizens anywhere is just the next step. The more aware we become of what is being done, the more need the Archons will feel to keep things under control – be it disappearing someone or taking more control of the Internet and stifling discourse – or both.
No sir…. my questions are most definitely NOT rhetorical. Two things don't exist in a War Zone: Protest and Rhetorical Questions.
What i really want to know is this: WHAT is to be done about Indefinite Detention and its rationale and justification: the so-called "War" Against so-called "Terrorism"? And, more importantly, HOWare they to be confronted, combatted, defeated, and destroyed?
Those are the Questions every antiWar.com reader and commentor needs to be thinking about.
"WHAT is to be done about Indefinite Detention and its rationale and justification: the so-called "War" Against so-called "Terrorism"?" Sadly, nothing will be done beyond a multitude of armchair pundits and malcontents baying at the moon.
"HOWare [sic] they to be confronted, combatted, defeated, and destroyed?" IMO, they won't be confronted, will not be combatted, defeated, nor destroyed. Wish it were otherwise. But I don't plan on holding my breath waiting for pigs to fly.
Perhaps you have the solutions to your own questions?
No. i do not have Answers to my Questions. Not yet.
How was "The Thousand Year Reich" confronted, combatted, defeated, and destroyed?
Will it, Must it come down to that?
i guess the real Question comes down to this: Is the only way to deal with and dispatch The Fourth Reich to Invade and Occupy Washington, DC.?
I think you'll find that the vast majority of the American people have neither the stomach nor the balls to go that route. We have been well trained to bend the knee or look the other way or mind our own business or to trust the Archons – whatever malady you wish to subscribe to. Truly sad.
Actually, i wasn't talking about the American people being the ones to confront, combat, defeat, and destroy The Fourth Reich by Invading and Occupying the Seat of Empire.
The American people are no more capable of terminating the obscenity and insanity than were the German people after the Reichstag Fire. And for exactly the same reasons:
The Questions remain: WHO? And HOW?
Hello Amerika! Not to worry. The country's Sheeple won't say a word or raise a finger.
Our Masters know that the next series of illegal, immoral wars of aggression that they plan to launch, are going to have catastrophic consequences, potentially anything from economic collapse to nuclear WW3. Thus they need to get everything in place now, in preparation for the day when even the most brain dead sheeple start wondering why their country and everything they had needed to be sacrificed on the altar of Zionism.
”it will damage both his legacy and America’s reputation for upholding the rule of law."
Obaaaaama's legacy and America's reputation are already in tatters and it is still spiraling downwards!
How low will it go?
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