Minimal Changes Made to Detainee Provsions in NDAA
Here is the final conference report of the National Defense Authorization Act for 2012, with slight changes to the detainee provisions, which were made in response to objections by the Obama Administration. A version with just Subtitle D, entitled “Counterterrorism,” is here. The section continues to page 685. The explanation for the changes is here.
Shorter version: Indefinite detention is here to stay and Guantanamo is not closing anytime soon.
Sen. Carl Levin puts his spin on the changes here.
The latest version of the defense authorization bill does nothing to address the bill’s core problems – legislated indefinite detention without charge and the militarization of law enforcement,”
...It continues to authorize indefinite detention without charge for certain terrorism suspects and mandates military detention for a subset of terrorism suspects. It provides that the president can waive mandatory military custody only if he determines doing so is in the national security interest of the United States.
The new bill also adopts from the House version a bar to the transfer of detainees currently held at Guantanamo into the US for any reason, including for trial.
...The bill also further extends restrictions, imposed last year, on the transfer of detainees out of Guantanamo to their home countries or to third countries based solely on the alleged conduct of other former detainees. Since similar restrictions were enacted the administration has not transferred a single detainee out of Guantanamo, even though it had previously cleared them for release.
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