President Obama signed the National Defense Authorization Act (NDAA)
today, allowing indefinite detention to be codified into law. As you
know, the White House had threatened to veto an earlier version of the
NDAA but reversed course shortly before Congress voted on the final bill.
While President Obama issued a signing statement saying he had “serious
reservations” about the provisions, the statement only applies to how
his administration would use it and would not affect how the law is
interpreted by subsequent administrations.
The statute is particularly dangerous because it has no temporal or
geographic limitations, and can be used by this and future presidents to
militarily detain people captured far from any battlefield.
Under the Bush administration, similar claims of worldwide detention
authority were used to hold even a U.S. citizen detained on U.S. soil in
military custody, and many in Congress now assert that the NDAA should
be used in the same way again. The
ACLU believes that any military detention of American citizens or
others within the United States is unconstitutional and illegal,
including under the NDAA. In addition, the breadth of the NDAA’s
detention authority violates international law because it is not limited
to people captured in the context of an actual armed conflict as
required by the laws of war.
We are extremely disappointed that President Obama signed this bill even
though his administration is already claiming overly-broad detention
authority in court. Any hope that the Obama administration would roll
back those claims dimmed today. Thankfully we have three branches of
government, and the final word on the scope of detention authority
belongs to the Supreme Court, which has yet to rule on the scope of
detention authority. But Congress and the president also have a role to
play in cleaning up the mess they have created because no American
citizen or anyone else should live in fear of this or any future
president misusing the NDAA’s detention authority.
The ACLU will fight worldwide detention authority wherever we can, be it in court, in Congress, or internationally.
Source: www.aclu.org
Thursday, November 1, 2012
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