Obama Breaks Promise To Veto Bill Allowing Indefinite Detention of Americans

[Better Believe It]

Happy Birthday, Bill of Rights: Obama Breaks Promise To Veto Bill Allowing Indefinite Detention of Americans
By JONATHAN TURLEY
December 15, 2011

There was a brief moment when civil libertarians were stunned to see President Barack Obama actually take a stand in favor of civil liberties after years to rolling back on basic rights of citizens and moving beyond the Bush Administration in building up the security state. Obama said that he would veto the defense bill that contained a horrific provision for the indefinite detention of American citizens. While many predicted it, Obama has now again betrayed the civil liberties community and lifted the threat of the veto. Americans will now be subject to indefinite detention without trial in federal courts in a measure supported by both Democrats and Republicans. It is a curious way to celebrate the 220th anniversary of the Bill of Rights.

he White House is saying that changes to the law made it unnecessary to veto the legislation. That spin is facially ridiculous. The changes were the inclusion of some meaningless rhetoric after key amendments protecting citizens were defeated. The provision merely states that nothing in the provisions could be construed to alter Americans’ legal rights. Since the Senate clearly views citizens are not just subject to indefinite detention but even execution without a trial, the change offers nothing but rhetoric to hide the harsh reality. THe Administration and Democratic members are in full spin — using language designed to obscure the authority given to the military. The exemption for American citizens from the mandatory detention requirement (section 1032) is the screening language for the next section, 1031, which offers no exemption for American citizens from the authorization to use the military to indefinitely detain people without charge or trial.

At least Senator Lindsey Graham was honest when he said on the Senate floor that “1031, the statement of authority to detain, does apply to American citizens and it designates the world as the battlefield, including the homeland.”

Even more distressing is the statement from sponsor Senator Levin, Chairman of the Armed Services Committee that “The language which precluded the application of Section 1031 to American citizens was in the bill that we originally approved … and the administration asked us to remove the language which says that U.S. citizens and lawful residents would not be subject to this section.”

Read the full article at:

http://jonathanturley.org/2011/12/15/obama-breaks-promise-to-veto-bill-allowing-indefinite-detention-of-americans/


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Loom of the Jackboot: Obama Gives Military Extreme Powers
by Alexander Cockburn
December 23, 2011

After months of declaring that he would veto such legislation, Obama has now crumbled and will soon sign a monstrosity called the Levin/McCain detention bill, named for its two senatorial sponsors, Carl Levin and John McCain. It's snuggled into the 2012 National Defense Authorization Act.

The detention bill mandates — don't glide too easily past that word — that all accused terrorists be indefinitely imprisoned by the military rather than in the civilian court system; this includes U.S. citizens within the borders of the United States.

All onslaughts on potential sedition like to cast as wide a net as possible, so the detention act authorizes use of military force against anyone who "substantially supports" al-Qaida, the Taliban or "associated forces." Of course, "associated forces" can mean anything. The bill's language mentions, "associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or who has directly supported such hostilities in aid of such enemy forces." That's language that can be bent, at will, by any prosecutor. Protest too vigorously the assassination of U.S. citizen Anwar al Awlaki by American forces in Yemen in October and one day it's not fanciful to expect the thump of the military jackboot on your front step, or on that of any anti-war organizer, or any journalist whom some zealous military intelligence officer deems to be giving objective support to the forces of evil and darkness. Since 1878, here in the U.S., the Posse Comitatus Act has limited the powers of local governments and law enforcement agencies from using federal military personnel to enforce the laws of the land. The detention bill renders the Posse Comitatus Act a dead letter.

Governments, particularly those engaged in a Great War on Terror, like to make long lists of troublesome people to be sent to internment camps or dungeons in case of national emergency. Back in Reagan's time, in the 1980s, Lt. Col. Oliver North, working out of the White House, was caught preparing just such a list. Reagan speedily distanced himself from North. Obama, the former lecturer on the U.S. Constitution, is brazenly signing this authorization for military internment camps.

Read the full article at:

http://www.commondreams.org/view/2011/12/23-2


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ACLU on Obama's non-veto
White House Backs Away from Defense Bill Veto Threat
FOR IMMEDIATE RELEASE

WASHINGTON – The White House today announced that it will support passage of the National Defense Authorization Act (NDAA), which contains harmful provisions that some legislators have said could authorize the U.S. military to pick up and imprison without charge or trial civilians, including American citizens, anywhere in the world. The final version of the NDAA was agreed to earlier this week by House and Senate conferees.

Though Obama administration had threatened to veto a previous version of the bill based on these provisions, it has reversed its position. The House is expected to pass the bill tonight and Senate will vote soon after.

“The president should more carefully consider the consequences of allowing this bill to become law,” Laura W. Murphy, director of the ACLU Washington Legislative Office. “If President Obama signs this bill, it will damage both his legacy and American’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.”

http://ggdrafts.blogspot.com/2011/12/aclu-on-obamas-non-veto.html


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Wednesday, December 14, 2011
Human Rights Watch
For Immediate Release

US: Refusal to Veto Detainee Bill A Historic Tragedy for Rights
President Decides to Sign Ill-Conceived National Defense Authorization Act

(Washington, DC, December 14, 2011) – US President Barack Obama’s apparent decision to not veto a defense spending bill that codifies indefinite detention without trial into US law and expands the military’s role in holding terrorism suspects does enormous damage to the rule of law both in the US and abroad, Human Rights Watch said today. The Obama administration had threatened to veto the bill, the 2012 National Defense Authorization Act (NDAA), over detainee provisions, but on December 14, 2011, it issued a statement indicating the president would likely sign the legislation.

“By signing this defense spending bill, President Obama will go down in history as the president who enshrined indefinite detention without trial in US law,” said Kenneth Roth, executive director of Human Rights Watch. “In the past, Obama has lauded the importance of being on the right side of history, but today he is definitely on the wrong side.”

The far-reaching detainee provisions would codify indefinite detention without trial into US law for the first time since the McCarthy era when Congress in 1950 overrode the veto of then-President Harry Truman and passed the Internal Security Act. The bill would also bar the transfer of detainees currently held at Guantanamo into the US for any reason, including for trial. In addition, it would extend restrictions, imposed last year, on the transfer of detainees from Guantanamo to home or third countries – even those cleared for release by the administration.

There are currently 171 detainees at Guantanamo, many of whom have been imprisoned for nearly 10 years. As one of his first acts in office, Obama signed an executive order for the closure of Guantanamo within one year. Instead of moving quickly to close the prison and end the use of the discredited military commissions, he supported modifications to the Military Commissions Act.

“It is a sad moment when a president who has prided himself on his knowledge of and belief in constitutional principles succumbs to the politics of the moment to sign a bill that poses so great a threat to basic constitutional rights,” Roth said.

The bill also requires the US military take custody of certain terrorism suspects even inside the United States, cases that previously have been handled by federal, state and local law enforcement authorities. During debate over the bill, several senior administration officials, including the secretary of defense, attorney general, director of national intelligence, director of the FBI, and director of the CIA, all raised objections that this provision interfered with the administration’s ability to effectively fight terrorism. In the last 10 years over 400 people have been prosecuted in US federal courts for terrorism related offenses. Meanwhile during that same period, only six cases have been prosecuted in the military commissions.

“President Obama cannot even justify this serious threat to basic rights on the basis of security,” Roth said. “The law replaces an effective system of civilian-court prosecutions with a system that has generated the kind of global outrage that would delight recruiters of terrorists.”

http://ggdrafts.blogspot.com/2011/12/human-rights-watch.html