Frequently, the legislation we should pay most attention to is the legislation that gets the least coverage. That’s the case with a few paragraphs tucked into the most recent Defense Authorization Act. Pages 359-378 have language that could (and is in fact intended to) allow for the 
permanent detention without trial of anyone, including American citizens, that is accused by the President of being a “terrorist”.
The offensive language was crafted behind closed doors by Senate Armed Services Committee Chairman Carl Levin (D-Mich) and Ranking Member Sen John McCain (R-Ariz) as part of the National Defense Authorization Act for 2012. Part of it would grant power to the U.S. Armed Forces to exercise complete control over all custodial matters related to the treatment of those detained for suspected belligerent behavior in the “War on Terror”. Another part would give Attorney General Eric Holder the final decision on whether suspects are tried in civilian courts or military tribunals. On November 16 the committee voted 26-0 to pass the bill on to the full Senate.
The Senate bill drew immediate fire from civil rights groups, government watchdogs on the left and right, the Pentagon, the FBI, and the President. Unfortunately, while the civil rights and watchdog groups were shaken by the bill’s destruction of basic constitutional and human rights, you might be surprised why the other groups rejected it. For the Pentagon, Defense Secretary Leon Panetta complained that the revised mandatory military custody could force the government to obey the same strict limits on transferring Guantanamo detainees to other countries – which the administration wants lifted – when dealing with terrorism prisoners held in other prisons. FBI Director Robert Mueller wrote a letter to members of Congress, saying that “The legislation … will inhibit our ability to convince covered arrestees to cooperate immediately, and provide critical intelligence.” The Obama administration’s concerns are for a possible dilution of the power they already have.
Sen. Mark Udall (D-Colo.) stepped in proposed an amendment to strike the language and set a timetable to come up with a new plan. It was swatted down in the Senate by a vote of 60-38 (roll call vote here), and the bill was passed to the House on December 1 by a vote of 93-7. The next step is reconciliation of the language with the House version, and then a vote by the full House. The bill faces a promised veto by President Obama if the offending language is not removed.
With so many parties weighing in on the bill, it’s difficult to sort out the truth from the hyperbole. Here are several links with more in-depth information, and ways to stay up-to-date as this country-changing legislation sneaks its way through Congress…
GovTrack.us allows you to track specific legislation or debates in Congress. The continually updated details on S1897 are here. Votes by name on the Udall Amendment are here.
Full text of the 2012 Defense Authorization Bil (S1867) is here, and excerpts of the Detainee Provisions are here.
The Congressional Record for Nov. 18 has the most recent events, including a statement by Sen. Levin as to why he thinks the Levin/McCain Amendment is more than fair and the Administration’s objections are unfounded.
Remarks of Senator Carl Levin, Senate Floor Speech on the Detainee Provisions of the Defense Authorization Bill
ACLU– Article describing the legislation here, letter to Senators here,
As you can imagine, there are some great articles on the issue. Here are a few of the best…
- Setting the Trap, Justin Raimondo’s clarion-call article on AntiWar.com, with extensive hyperlinks
- The Detainee Debate Heats Up: The Rule of Martial Law vs. the Unitary Spookery at Emptywheel is a very detailed article with supporting quotes
- The Defense Authorization Bill: Only Home is the Udall Amendment on Talk Left
- Udall hits back against Levin, McCain on detainees on The Hill
- Levin and McCain Strike Deal Over Detainee Handling on New York Times
- Senate Votes To Let Military Detain Americans Indefinitely, White House Threatens Veto on Huffington Post
- Senate Committee Grants Military Absolute Power Over Detainees on the New American
- Mandatory military detention of terror suspects clears Senate hurdle at CNN Politics
- Senate approves Martial Law: Military can jail indefinitely, no charge, no trial at Examiner.com
- 15 Democrats Join Republicans to Give Military Power to Imprison Suspects Indefinitely at AllGov.com
…and please, PLEASE, call your representatives to tell them what you think about this proposed law, that could, with the stroke of a pen, change the basis of our system of law and government.
