Barack Obama Waives Rule Allowing Indefinite Military Detention Of Americans

WASHINGTON -- The White House released rules Tuesday evening waiving the most controversial piece of the new military detention law, and exempting U.S. citizens, as well as other broad categories of suspected terrorists.

Indefinite military detention of Americans and others was granted in the defense authorization bill President Barack Obama signed just before Christmas, sparking a storm of anger from civil libertarians on the left and right.

The new rules -- which deal with Section 1022 of the law -- are aimed at soothing many of their gravest concerns, an administration official said. Those concerns are led by the possibility that a law that grants the president authority to jail Americans without trial in Guantanamo Bay based on secret evidence could easily be abused.

"It is important to recognize that the scope of the new law is limited," says a fact sheet released by the White House, focusing on that worry. "Section 1022 does not apply to U.S. citizens, and the President has decided to waive its application to lawful permanent residents arrested in the United States."

It also addresses a concern of the White House and advocates of civil law enforcement, insisting that even if a suspect is transfered to the military, the person can be shifted back if the administration believes it is important for national security.

"An individual required to be held in military custody under Section 1022 may be returned to law enforcement custody for criminal trial," the White House summary says. "In addition, Section 1022 does not change the FBI’s authorities to respond to terrorism threats and these procedures do not apply to any individuals held in the custody of the Department of Defense, state and local law enforcement agencies acting under their authorities, or a foreign government."

Advocates for liberties will likely find the new rules for implementing reassuring, at least while President Obama is in office. But one of their big complaints with his signing of the law is that his policies only last so long as he is in office, and they will likely step up attempts to repeal it.

The rules also set out for the first time how they will be implemented, specifying that if local law enforcers suspect they've grabbed someone who would be covered under the law, they have to notify the Department of Justice. While law enforcers continue their work, the notification sets off an extensive review culminating in a decision by the attorney general, secretary of state, secretary of defense, secretary of homeland security, chairman of the Joint Chiefs of Staff, and the director of national intelligence.

"The procedures ensure that an individual will be transferred from civilian to military custody only after a thorough evaluation of all of the relevant facts, based on the considered judgment of the President’s senior national security team, and not a rigid statutory requirement that does not account for the unique facts and circumstances of each case," the White House fact sheet says.

The categories of people exempted by the rules:

• When placing a foreign country’s nationals or residents in military custody will impede counterterrorism cooperation;


• When a foreign government indicates that it will not extradite or transfer suspects to the U.S. if the suspects may be placed in military custody;


• When an individual is a U.S. lawful permanent resident who is arrested in this country or arrested by a federal agency on the basis of conduct taking place in this country;


• When an individual has been arrested by a federal agency in the U.S. on charges other than terrorism offenses (unless such individual is subsequently charged with one or more terrorism offenses and held in federal custody in connection with those offenses);


• When an individual has been arrested by state or local law enforcement, pursuant to state or local authority, and is transferred to federal custody;


• When transferring an individual to military custody could interfere with efforts to secure an individual’s cooperation or confession; or


• When transferring an individual to military custody could interfere with efforts to conduct joint trials with co-defendants who are ineligible for military custody or as to whom a determination has already been made to proceed with a prosecution in a federal or state court.

Three of the bill's lead Republican sponsons, Sens. John McCain (Ariz.), Lindsey Graham (S.C.) and Kelly Ayotte (N.H.), cautioned that Obama may be undercutting their intentions for the measure.

"Although we have not been able to fully examine all the details of these new regulations, they raise significant concerns that will require a hearing in the Senate Armed Services Committee," they said in a joint statement. "We are particularly concerned that some of these regulations may contradict the intent of the detainee provisions of the National Defense Authorization Act passed by Congress last year."

All three senators were adamant that all terrorism suspects -- American citizens or otherwise -- should be taken into military custody.

This article was updated with comment from three Republican senators supporting the measure.

Michael McAuliff covers politics and Congress for The Huffington Post. Talk to him on Facebook.

Comments

[SayNo toCorporateAmerica]

05:29 PM on 03/20/2012

The title and content of the article are UNTRUE so the reader may want to read the FACTUAL assessment in Justia (see below).

"Any dictator would admire the uniformity and obedience of the U.S. media." Noam Chomsky

Obama issued a *Policy* Directive regarding Section 1022, which deals with required detention of NON citizens ONLY. Section 1021 of NDAA 2012 is the problem for US citizens and that section is NOT addressed in the directive, in other words THERE IS NO WAIVER TO DETAIN US CITIZENS, POLICY, RULE or OTHERWISE.
YES HE CAN ORDER INDEFINITE DETENTION FOR ALL

Fact-checking anyone,
SEE page 2 of Obama's Directive:
I. 'SCOPE OF PROCEDURES AND STANDARD FOR COVERED PERSON DETERMINATIONS'
B. COVERED PERSONS. For purposes of this Directive, the phrase "Covered Person" applies ONLY to a person who is NOT a citizen of the United States

For a FACTUAL ASSESSMENT of the White House rules, written by Human Rights Program Director Joanne Mariner, @ JUSTIA.COM
"Chipping Away at the NDAA"
http://verdict.justia.com/2012/02/29/chipping-away-at-the-ndaa

YES to Ron Paul's bill to repeal section 1021
http://www.opencongress.org/bill/112-h3785/text

The ENEMY EXPATRIATION ACT, [bipartisan] bill to STRIP US Citizenship and all remaining Rights with NO TRIAL and NO CRIMINAL CONVICTION!!!
The tyranny continues
Citizens vs Civilians - Americans Without a Country';
http://saynotocorporateamerica.blogspot.com/2012/02/citizens-vs-civilians-americans-without.html

[SayNo toCorporateAmerica]

05:35 AM on 03/16/2012

THE TITLE AND CONTENT OF THE ARTICLE IS FACTUALLY WRONG!

Obama's policy directive does NOT waive anything with regard to indefinite detention of US citizens! It only applies to NON-citizens, ONLY to section 1022. It does NOT apply to US citizens and even if it did apply to citizens, it doesn't change the law that violates the Rule of Law!

*Section 1021 is the problem for US citizens and it should be repealed! Ron Paul's bill, H.R. 3785 will repeal section 1021. Senate's Due Process Guarantee Act would help but NDAA 2012 IS NOW IN EFFECT! US Citizens CAN be detained by military, indefinitely and without charge

Section 1022 "REQUIRES" detention of NON-citizens. It excludes US citizens only in regard "REQUIRED" detention, it doesn't mean they can't. Presidential directives or signing statements have NO LEGAL EFFECT, they're just presidential propaganda!

Why trust someone to follow the rule of policy when they will pass a law that goes against the Rule of Law? They just did it again with H.R.347, a felony to express freedom of speech in America. Citizenship may be the next w/the Enemy Expatriation Act to strip citizenship and ALL Constitutional protections, without trial or conviction.

NDAA 2012 - * Your Allotted Amount of Freedom Has Expired!
http://saynotocorporateamerica.blogspot.com/2011/12/your-allotted-amount-of-freedom-has.html
* The ENEMY EXPATRIATION ACT Citizens vs Civilians - Americans Without a Country';
http://saynotocorporateamerica.blogspot.com/2012/02/citizens-vs-civilians-americans-without.html

[BouzazitoBloom]

09:41 AM on 03/07/2012

The U.S. is using these tactics against its own, confining Bradley Manning
and allowing the terrorizing of DANNY CHEN
>http://www.democracynow.org/2012/1/9/death_of_private_danny_chen_military

[napoleon54]

12:45 AM on 03/05/2012

To everyone who keeps saying "but Obama made Congress take that out of the bill before he signed it!"

Unfortunately you have that completely backward.

Obama's criticism of the NDAA was that he didn't want it to conflict with the Authorization for Use of Military Force (AUMF) passed after 9/11. The Obama administration claims the fuzzy language of AUMF already gives him the power to detain anyone indefinitely, including US citizens. The changes the Senate worked into NDAA, at Obama's request, were to 1. ELIMINATE specific protections for US citizens and 2. add a disclaimer saying that nothing in NDAA shall be construed to limit ALREADY EXISTING powers granted to the president by AUMF.

See video here: http://www.youtube.com/watch?v=yO23HoRv6Ms

Its high time you for you folks take off your rose-colored glasses and see what this administration is REALLY doing to us.

[napoleon54]

12:18 AM on 03/05/2012

100% pure window dressing. If Obama really gave a crap he wouldn't have signed it in the first place. NDAA is like having a gun to our heads and all Obama says is "don't worry, I won't pull the trigger". As long as NDAA exists, Obama or any president in the future can change policy and pull that trigger any time they want. This policy statement by Obama is nothing but trying to throw a curtain over the real issue in order to hide the facts and deceive the people. It is one more step down a slippery slope of dictatorial powers for the executive branch. Absolutely disgusting that people will stand for this. The only thing that can stop it is public outrage translated into votes. Ron Paul 2012.

[Royce Lerwick]

07:24 PM on 03/02/2012

The same screaming Lefists were calling GW Hitler and claiming he was going to take over the world any moment over the creation of Homeland Security and the Patriot Act. The guy they elected on the promise to save us from this totalitarian movement actually doubled the oppressive federal scope of both of those attempts, hardened our position in Gitmo, intermittently invaded Pakistan, expanded our aimless presence in Afghanistan, enabled chaos in the Arab and Muslim world, made us more dependent upon their oil, killed off all domestic power sources in favor a magic faerie dust and fantasy-level wishful thinking that he heavily subsidizes with federal giveaways, steals 800 billion dollars from toilet-scrubbers like me and you to buy the votes of labor unions, the educational system and federal employees, and now uses the IRS and other federal agencies at his command to retaliate and harass his most damaging critics and political opponents as maintained and updated on his "enemies list." Turns out Fascism really is a formula of the Left after all.

[tracyford]

10:44 PM on 03/02/2012

Wow. If that were true, the Rights would LOVE him!

[Royce Lerwick]

05:59 AM on 03/04/2012

In truth no, there's a rather large contingent of the "Right" that was never keen on the whole nation building concept at all, and who unlike what poses as today's "liberal" is rather unhappy at foreign adventurism and domestic spying on any level. Sooner or later every revolution goes conservative, and that's exactly what Obama and his academic Leftist cronies have done. There's nothing "liberal" or "free thinking" about them. They're entirely rigid, reactionary, and mindlessly dogmatic about their world view and belief system that even when confronted with blatant failure they'll just keep sprinkling the faerie dust and believing it will all go their way. There's also a growing true libertarian, actually "classic liberal" or Jeffersonian contingent in the Republican Party in particular that is made up largely of younger voters and a few important experience leaders. There is nothing "progressive" any more about being a "progressive." It's just a litany of hackneyed slogans preached like scripture that bears no relationship to either reality or Constitutional principles.

[HAD ENUFF HUFF]

02:27 AM on 03/03/2012

Well said, Royce. Ron Paul is the only candidate who does not engage in the "good 'ole boys" "teamwork" we need him in the WH to get this country back to our Constitution.

He will dismantle the IRS, privatize airline security and get rid of obama's goon squad, the TSA. He will cut one trillion dollars from the fed budget in year one, shrinking the size and power as he does so. Returning more and more DC power to the states, where it belongs.

I just found out on here (from debekniss) that Ron Paul has introduced a bill against this NDAA and needs our help to get it through. Find out more about Ron Paul at RonPaul2012.com.

And about his bill here:" http://thenewamerican.com/usnews/politics/10608-ron-paul-introduces-bill-to-repeal-ndaas-indefinite-detention

"In fewer than 100 words, the text of Paul’s legislation, HR 3785, would overturn section 1021 of the NDAA:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Section 1. Repeal of Section 1021 of the National Defense Authorization Act for fiscal year 2012."
Contact your DC reps!!

[curare1081]

05:35 PM on 03/02/2012

this entire bill was, and is unconstitutional. no surprise here that our corrupt congress passed an unconstitutional bill. so how long until we create a gestapo in this country?

[HAD ENUFF HUFF]

07:16 PM on 03/02/2012

Your wait ended when the full body scanners were rolled out and the thugs stepped up the gropings by calling them "enhanced" pat downs. It can only speed up from here.

[blondief]

04:41 PM on 03/02/2012

How white of the great King. The one who passes laws and regulations in the back rooms in the dead of night.

[RevolutioNow]

05:15 PM on 03/02/2012

Passes laws and regulations in the back rooms in the dead of night? Really?? You should really get a clue about how your government works.

[mrmoonlite5]

04:36 PM on 03/02/2012

THROW THAT DRAFT INTO PLACE

[AgainstAnimalAbuse]

04:28 PM on 03/02/2012

Didn't Syria start slow with its dictatorship?

[blondief]

04:42 PM on 03/02/2012

They all do. But this time our Marxist leader is doing it in double time.

[pvigilante]

04:28 PM on 03/02/2012

But its still ok to blow em up with drones. Its all B. S.

[Stop Running]

03:51 PM on 03/02/2012

I think it's a good thing he did this. Time will tell if it's honest, but, you have to give him credit for recognizing the huge backlash.

People were frightened and angry. And, he doesn't want to be the second president to cause a dissolution of the Union. Sounds crazy to some, but, the talk of revolt was like a wild fire. States are even passing laws to override 1022, which I hope continues.

He should further stop all torture and indefinite detention, in my opinion.

[blondief]

04:43 PM on 03/02/2012

He will probably slip it in to ObamaCare now.

[XME]

05:46 AM on 03/02/2012

All fine and good for this administration. The problem is that by signing the bill, he's given permission to every president that follows him, and not all of them will care as much as he does about the rights of American citizens. Some may even wish to abuse it...and will now have the law on their side if the do.

[skygill]

02:43 AM on 03/02/2012

Unfortunately the President has become just a figurehead of the people who call the shots. He is not alone. Many Senators also fit into that category. The trappings of power is very alluring. What America desperately needs are leaders with integrity.

[HAD ENUFF HUFF]

07:24 PM on 03/02/2012

Yes we do need leaders with integrity, sky. Ron Paul is that leader, who will prosecute the DC crooks. He wants to decrease the power in DC, giving it back to the states. He will dissolve these unconstitutional laws and agencies, including the IRS and TSA. RonPaul2012.com

[fed up 28]

12:30 AM on 03/02/2012

The ambiguity in the bill makes it ever so dangerous.