Executive Branch could retain right to lock up civilians indefinitely in military custody

By Catholic Online (NEWS CONSORTIUM)
12/14/2011
Catholic Online (www.catholic.org)

The National Defense Authorization Act could be approved as early as this week

The National Defense Authorization Act, which would give President Obama the ultimate authority to detain American citizens indefinitely in military custody is expected to pass this week.

In an effort to soothe those worried about American liberties, the Senate had already added a provision that said the detainee measure will not affect current law

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LOS ANGELES, CA (Catholic Online) - The act was facing the threat of a presidential veto after the White House complained it restricted the administration's ability to fight terrorism and raised "serious and unsettled legal questions."

The conference committee has since added and amended several provisions in an attempt to produce legislation that would pass muster with President Barack Obama, who appealed for fixes.

The version released this week still contains the authority to indefinitely imprison suspects linked to al Qaeda or associated groups, including citizens captured in the United States.

"We have [in the bill] the authority to detain without charge or trial terrorism suspects," Raha Wala, a lawyer with the Law and Security Program of the group Human Rights First says. "There aren't any material changes to the indefinite detention provision," he said.

Lawmakers had since shifted the responsibility for granting waivers under the legislation from the Defense Department to the president. They also added language to state that civilian law enforcement retains the authority to investigate and interrogate terrorism suspects, even though the bill requires that those suspects be held by the military.

Opponents argue that while agencies like the FBI would still be allowed to investigate in theory, the compromise could prove unworkable in practice. Critics question how civilian authorities will work with their military counterparts, who could take over any terror-related case unless the president grants a waiver.

"What does that actually mean in practice?" Heather Hurlburt, executive director of the National Security Network says. "It's unclear, and the people who have to implement it think it's unclear, and it's just inviting years of litigation. . . .In some ways, it makes it even worse."

"The national security establishment really comprehensively rejects these provisions as representing the militarization of our justice system," Hurlburt added. "You're deliberately throwing things back into the courts, which is a very strange thing to be seeing."

Supporters argue that the bill is designed to spell out what is already being done so that there is less uncertainty surrounding counterterrorism efforts. They say that the military needs clear authority to ensure that the ever-changing terrorist threat can be met.

In the words of Senator Lindsey Graham (R-S.C.), the bill affirms that "the homeland is part of the battlefield."

In an effort to soothe those worried about American liberties, the Senate had already added a provision that said the detainee measure will not affect current law regarding Americans.

� 2011, Catholic Online. Distributed by NEWS CONSORTIUM.

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Pope Benedict XVI's Prayer Intentions for January 2013
General Intention: The Faith of Christians. That in this Year of Faith Christians may deepen their knowledge of the mystery of Christ and witness joyfully to the gift of faith in him.
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Keywords: National Defense Authorization Act, terrorism, Act, Congress, President Obama

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1 - 8 of 8 Comments

Lawrence
1 year ago
This is an outrage! This is the beginning of autocratic, totalitarian government without any civil rights! This is expressly forbidden! The Constitution addresses the role of the military in civilian matters, there is to be none, the military is not allowed to interfere with or control our civilian government or with civilian citizens. Only civilian authorities may deal with civilian citizens. This is from the same part of our govenment that thinks it's ok to torture people, no doubt! This is sickening and very worrisome, wake up America! This how Hitler started!!!
David Carlon
1 year ago
First they came for the illegal Mexican immigrants and in some communities legal citizens and I said nothing... and soon these corrupt political elites, corrupt military elites and their fascist masters will come looking for all those who disagree with them... Now go back to sleep, that's it... drink the kool aid... sip it slowly.
techwreck
1 year ago
Rob, It's not terrorists who have changed our way of life as much as it is Congress. Once again, Congress has passed a muddled bill that concerns our fundamental rights, leaving it for the liberal courts to sort out our rights as citizens. The bill says both that "the detainee measure will not affect current law regarding Americans" and that the bill provides "the authority to indefinitely imprison suspects linked to al Qaeda or associated groups, including citizens captured in the United States" according to the article. Both cannot be true. We must change as many members of Congress as possible in the next election.
Rob
1 year ago
I find it absolutely amazing how much we've allowed terrorist to change our way of life. There is nothing like good ol fear to use as justification to throw the constitution in the trash.
Lanie
1 year ago
And what is the definition of "Terrorist?" This is the crux of the problem. Anyone can be deemed a terrorist by the government. It makes this bill very dangerous indeed!
hartwood
1 year ago
Wow! Can you say "Soviet Russia"?
abey
1 year ago
This shows that the Interference of the military in Political matters brought about Home from its foreign policy where the US military directly interferences with the Political affairs of other countries. The Bible calls it "Who is like unto the Beast, who can make war with it". Its future also is said of the manner together with the Devil & the false Prophet (The Pagan religions in its Avatars) will find their place in the lake of fire.
Brandt Hardin
1 year ago
The NDAA if passed will only go to further stifle our Constitutional Rights without the approval of the Americans, just as the Patriot Act was adopted WITHOUT public approval or vote just weeks after the events of 9/11. A mere 3 criminal charges of terrorism a year are attributed to this act, which is mainly used for no-knock raids leading to drug-related arrests without proper cause for search and seizure. The laws are simply a means to spy on our own citizens and to detain and torture dissidents without trial or a right to council. You can read much more about living in this Orwellian society of fear and see my visual response to these measures on my artist’s blog at http://dregstudiosart.blogspot.com/2011/09/living-in-society-of-fear-ten-years.html

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