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Minimal Changes Made to Detainee Provsions in NDAA

By Jeralyn, Section Terror Detainees
Posted on Tue Dec 13, 2011 at 02:57:45 PM EST
Tags: NDAA (all tags)
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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.

The press release from the Armed Services Committee is here. Here is the old version if you want to track the latest changes. The Detainee provisions begin on page 364.

Sen. Carl Levin puts his spin on the changes here.

Check out the Lawfare Blog for technical analysis and Human Rights Watch's statement saying the bill is fundamentally flawed and Obama should veto the newest version. (Don't count on it.) [More...]

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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    Minimal Changes Made to Detainee Provsions in NDAA | 8 comments (8 topical)

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    In a word . . . (5.00 / 7) (#1)
    by Chuck0 on Tue Dec 13, 2011 at 03:25:38 PM EST
    disgusting. No US citizen should be detained by any level of US government without charge or due process. I don't care the circumstance or crime. I've written Sen. Bob Casey already and let him know that he no longer has my support or vote. I don't care that he put Santorum out to pasture. Supporting this bill, to me, is unforgivable.

    With this kind of legislation coming out of Washington and similar crap coming from many state capitals, we are all doomed.

    From a Layman's Perspective... (5.00 / 6) (#2)
    by ScottW714 on Tue Dec 13, 2011 at 03:49:01 PM EST
     ...I can't think of anything more in direct conflict to the Constitution.
    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

    I looked there aren't any asterisks and nor do I see an exception clause for nilly willys.

    I just read some 3000+ people died last year because of text messaging, far fewer then terrorists killed, so why are we so scared of them.  Seems like they won, we have completely shelved the very principles that are suppose to make us better then them.

    What's worse, there isn't anyone arguing differently.  And Jim, it's this kind of non-sense that makes me ashamed to be American at times.  We can't even live up to the very set of standards that made us great, the document we proclaim is the gold standard in regards to our character as a Nation.  This is beyond party of social standing, this is about locking human beings up in dark places without the guarantees a lot of folks have died to ensure all people could have.

    It's shameful beyond words.