Sen. Al Franken, Rep. Jeff Landry Bridge Political Divide in an Attempt to Overturn Detainee Language in National Defense Authorization Act
Unlikely allies, Sen. Al Franken(D-Minn.) and Rep. Jeff Landry(R-LA), have joined forces in an attempt to overhaul the detainee language from the National Defense Authorization Act of 2012.
The language in question, affirmation of the president’s right to indefinitely detain anyone suspected of joining or “substantially [supporting] al Qaeda, the Taliban or associated forces”, has come under fire from Representatives and Senators on both sides of the political aisle. While introducing his new bill, Landry noted that “any statute that could possibly be interpreted to allow a president to detain American citizens without charge or trial is incredibly alarming.”
from The Hill:

President George W. Bush originally claimed a similar right under the Authorization for Use of Military Force, a law passed in 2001, shortly after the 9/11 terrorist attacks. To the dismay of some on the left, Obama has asserted the same claim, and Congress has now codified it.
The provision, however, does not specifically exempt U.S. citizens, and that’s the rub.
“You go down a slippery slope,” Franken told The Hill. “To not give people a hearing, to not give an American citizen the right to have his case heard in a court — I think that’s one of our basic rights. Once we’re starting to get rid of our basic rights, we’re in real trouble.”

Franken and Landry are not alone in their efforts to fight what many are interpreting as a gross expansion of executive branch power. Sen. Dianne Feinstein(D-CA) introduced a similar bill already, exempting U.S. citizens from the detention provisions, but that bill was defeated 45-55 in the Senate. However, Sen. Feinstein did manage to garner the support of several prominent conservatives, including Senator Rand Paul of Kentucky.
While there’s not been a bill that’s come close to altering the language of the NDAA, yet, many view the multiple bipartisan efforts at doing-so as a clear indication that this debate will not be going anywhere.
But will the debate prove problematic for President Obama on the campaign trail? Or will the arguments stay in Washington, largely ignored by non-political junkies and those outside the Beltway?
(images courtesy of the House of Representatives)
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Sen. Al Franken, Rep. Jeff Landry Bridge Political Divide in an Attempt to Overturn Detainee Language in National Defense Authorization Act

Unlikely allies, Sen. Al Franken(D-Minn.) and Rep. Jeff Landry(R-LA), have joined forces in an attempt to overhaul the detainee language from the National Defense Authorization Act of 2012.

The language in question, affirmation of the president’s right to indefinitely detain anyone suspected of joining or “substantially [supporting] al Qaeda, the Taliban or associated forces”, has come under fire from Representatives and Senators on both sides of the political aisle. While introducing his new bill, Landry noted that “any statute that could possibly be interpreted to allow a president to detain American citizens without charge or trial is incredibly alarming.”

from The Hill:

President George W. Bush originally claimed a similar right under the Authorization for Use of Military Force, a law passed in 2001, shortly after the 9/11 terrorist attacks. To the dismay of some on the left, Obama has asserted the same claim, and Congress has now codified it.

The provision, however, does not specifically exempt U.S. citizens, and that’s the rub.

“You go down a slippery slope,” Franken told The Hill. “To not give people a hearing, to not give an American citizen the right to have his case heard in a court — I think that’s one of our basic rights. Once we’re starting to get rid of our basic rights, we’re in real trouble.”

Franken and Landry are not alone in their efforts to fight what many are interpreting as a gross expansion of executive branch power. Sen. Dianne Feinstein(D-CA) introduced a similar bill already, exempting U.S. citizens from the detention provisions, but that bill was defeated 45-55 in the Senate. However, Sen. Feinstein did manage to garner the support of several prominent conservatives, including Senator Rand Paul of Kentucky.

While there’s not been a bill that’s come close to altering the language of the NDAA, yet, many view the multiple bipartisan efforts at doing-so as a clear indication that this debate will not be going anywhere.

But will the debate prove problematic for President Obama on the campaign trail? Or will the arguments stay in Washington, largely ignored by non-political junkies and those outside the Beltway?

(images courtesy of the House of Representatives)

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"

Attorneys Carl J. Mayer and Bruce I. Afran filed a complaint Friday in the Southern U.S. District Court in New York City on my behalf as a plaintiff against Barack Obama and Secretary of Defense Leon Panetta to challenge the legality of the Authorization for Use of Military Force as embedded in the latest version of the National Defense Authorization Act, signed by the president Dec. 31.

The act authorizes the military in Title X, Subtitle D, entitled “Counter-Terrorism,” for the first time in more than 200 years, to carry out domestic policing. With this bill, which will take effect March 3, the military can indefinitely detain without trial any U.S. citizen deemed to be a terrorist or an accessory to terrorism. And suspects can be shipped by the military to our offshore penal colony in Guantanamo Bay and kept there until “the end of hostilities.” It is a catastrophic blow to civil liberties.

To read Chris Hedges’ legal filing aimed at overturning a new law that would allow the indefinite detention of U.S. citizens deemed terrorism suspects, click here. To read the law itself, click here.

I spent many years in countries where the military had the power to arrest and detain citizens without charge. I have been in some of these jails. I have friends and colleagues who have “disappeared” into military gulags. I know the consequences of granting sweeping and unrestricted policing power to the armed forces of any nation. And while my battle may be quixotic, it is one that has to be fought if we are to have any hope of pulling this country back from corporate fascism.

"

Why I’m Suing Barack Obama
Chris Hedges 

"We have said as a policy matter that this administration will not put U.S. citizens in indefinite detention. Could a future administration hold a U.S. citizen in military detention? Yes, if the [2001 Authorization for Use of Military Force] allowed it, but that would have been true with or without this bill."

Anonymous White House official, during an interview with TPM, regarding liberal, progressive, and libertarian criticism of President Obama’s decision to sign the National Defense Authorization Act.

"There are American citizens who have collaborated with our enemies and participated in attacks against our soldiers and civilians; those traitors should be dealt with. But even in our darkest hours, we must ensure that our Constitution prevails. We do ourselves a grave disservice by allowing for any citizen to be locked up indefinitely without trial – no matter how serious the charges against them. Our national security leadership has even said it could make us less safe. Especially given the provisions in the 2012 defense authorization bill, we must clarify that the law unequivocally does not allow the government to detain Americans indefinitely on U.S. soil without trial or charge."

Senator Mark Udall(D-CO), via press release, explaining why he joined Intelligence Committee Chairwoman Dianne Feinstein(D-CA) in introducing the Due Process Guarantee Act of 2011.

As a member of the Senate Armed Service and Intelligence committees, Senator Udall supported the National Defense Authorization Act of 2012 from inception to passage. However, he has continuously fought the provision many interpret as the legal authority to indefinitely detain American citizens and strip them of their Constitutional rights. The new Due Process bill would prevent such actions from transpiring.

jonathan-cunningham:

As we blogged last week, a hugely important provision for Congress to authorize a new worldwide war has been tucked away inside the National Defense Authorization Act (NDAA). The bill was marked up by members of the House Armed Services Committee (HASC) last Wednesday that poured into Thursday morning (2:45 a.m. to be exact).

A couple of minutes past midnight, Rep. John Garamendi (D-Calif.) offered an amendment to strike Sec. 1034 — the new authorization for worldwide war provision — from the NDAA. Visibly angry that such a large sweeping provision had not yet had any public hearing whatsoever, he vigorously characterized it as a very broad declaration of war.

Rep. Garamendi was very concerned by the limitless geographic boundaries of the provision. Essentially, it would enable the U.S. to use military force anywhere in the world (including within the U.S.) in search of terrorists.

He also alluded to the idea that the HASC might not have proper jurisdiction over such a provision in the first place, suggesting that it would be an issue for the House Foreign Affairs Committee to take up. Clearly, he was beyond troubled by the fact that this markup was the very first time either committee has discussed the provision.

The executive branch’s war powers have already been expanded to the point where the Founder’s intentions can barely be recognized. Instead of Congress authorizing military conflict, the President can send armed forces essentially wherever he likes, despite the Constitution placing that power in Congress’ hands, and additional legislation passed that was specifically written to prevent such abuses. If this “sleeper provision” (that hasn’t even been discussed in committee) passes, then the perpetual war will be ingrained in American law.