Saturday, December 17, 2011

Detaining U.S. Citizens

David Swanson highlights some of the terrible provisions of the National Defense Authorization Act (h/t nc links):
As Obama’s Justice Department has broken new ground in the construction of state secrecy and immunity, the Bush era advancers of imperial presidential power have gone on book tours bragging about their misdeeds. One can expect the next step to involve serious abuse of those who question and resist the current bipartisan trajectory.
So what does the latest bill do, other than dumping another $660 billion into wars and war preparation? Well, it says this:
“Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.”
In other words, Congress is giving its stamp of approval to the unconstitutional outrages already claimed by the president. But then, why create a new law at all? Well, because some outrages are more equal than others, and Congress has chosen to specify some of those and in fact to expand some of them. For example:
“Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.”
And this:
“The disposition of a person under the law of war as described in subsection (a) may include the following: (1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.”
Jon Stewart explained when those detained without trial under the law might be released: “So when the war on terror ends, and terror surrenders and is no longer available as a human emotion, you are free to go.”
It is terrible that Obama has expanded on the civil liberties violations of the Bush administration.  Surely if he is reelected, he will continue these abuses.  Unfortunately, outside of Ron Paul, all of the Republicans will likely be worse.  We need a Congress made up of people who will fight for civil liberties, but we have as much likelihood of getting that as we do of getting to walk on Mars next year.

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