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Christopher E. Anders

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Behind Closed Doors: Congress Trying to Force Indefinite Detention Bill on Americans

Posted: 12/09/11 10:17 AM ET

Maybe you spent the last weekend shopping for gifts, writing out holiday cards or studying for final exams. For most of America, the end of the year is a busy time. In Congress, this is a season usually spent trying to jam through bad bills while they hope no one is looking.

The Senate voted last Thursday to pass S. 1867, the National Defense Authorization Act (NDAA), which would authorize the president to send the military literally anywhere in the world to imprison civilians without charge or trial. Prison based on suspicion alone. The power is so sweeping that the president would be able to direct the military to use its powers within the United States itself, and even lock up American citizens without charge or trial.

No corner of the world, not even your own home, would be off-limits to the military. And there is no exception for American citizens. Section 1031 — one of the indefinite detention provisions — of the Senate-approved version of the NDAA has no limitations whatsoever based on geography, duration or citizenship. And the entire Senate bill was drafted in secret, with no hearing, and with committee votes behind closed doors.

I'm not sure which was more surprising — that the majority of senators ignored the pleas of countless constituents, or that they also ignored every top national security official opposed to the provisions. Opposition to the detention provisions came from Secretary of Defense Leon Panetta, CIA Director David Petraeus, FBI Director Robert Mueller, Director of National Intelligence James Clapper, White House Advisor for Counterterrorism John Brennan, and DOJ National Security Division head Lisa Monaco. The Senate ignored them all.

Back in May, the House of Representatives passed its own version of the NDAA, which had a provision authorizing worldwide war wherever any terrorism suspect resides, even if there is no threat to America or Americans. Buried in the bill is a sentence that lets the president order the military to lock up without charge or trial American citizens and anyone else he decides is a suspect, even if the person is right here in America or in such friendly countries as Canada, Great Britain, or France.

Now, the two bills are in conference committee. The chairmen and ranking members of the Armed Services Committee — known as "the Big Four" — have been having one secret meeting after another over the past few days to quickly write a final bill. Who are the Big Four? From the Senate, it is Sens. Carl Levin (D-Mich.) and John McCain (R-Ariz.) who were the very two who had secretly written the Senate indefinite detention provisions. The third member is the House Armed Services Committee Chairman Buck McKeon (R-Calif.), who is the person who wrote the House indefinite detention provisions without so much as a hearing. And the fourth member is the House Armed Services Committee Ranking Member Adam Smith (D-Wash.), who courageously fought the indefinite detention provisions on the House floor.

That's 3-1 for indefinite military imprisonment without charge or trial. There's good reason to worry about what the Big Four do in their secret meetings.

What happens next? First, there will be a more formal House-Senate conference in the next few days to put an official stamp of approval on what the Big Four wrote in secret. And then the bills will be on the floors of the House and Senate by early next week.

Their plan is to move very, very fast. Congress certainly has earned a reputation for being slow, but the plan for the NDAA is to jam it through the House and Senate with as little debate as possible. But you can help stop them.

Amazingly, as soon as a week from today, a final bill could be passed by Congress and headed to President Obama's desk. His White House has repeatedly threatened to veto the NDAA if these dangerous provisions stay in the bill.

But should it really come to that? Congress itself should come to its senses and ditch the indefinite detention provisions. And just as importantly, Congress should listen to you and every other American on what we all as Americans want for our country. Secret deals for indefinite military detention without charge or trial? Tell Congress we are better than that. It's not who we are as Americans, and it is not the country or the world we want to pass on to our children and grandchildren.

Now is the time to act and contact your senators and House member. Tell them vote "NO" on the NDAA if it includes indefinite detention without charge or trial.

 
Maybe you spent the last weekend shopping for gifts, writing out holiday cards or studying for final exams. For most of America, the end of the year is a busy time. In Congress, this is a season us...
Maybe you spent the last weekend shopping for gifts, writing out holiday cards or studying for final exams. For most of America, the end of the year is a busy time. In Congress, this is a season us...
 
 
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HUFFPOST SUPER USER
spikedawg71
No use for leaders, I don't need to be led
04:38 PM on 12/15/2011
Where is the outrage? I find it worrisome that the same day Obama signs NDAA he declares an end to IraqWar. Yes that's great the war is over, don't get me wrong, but are our troops serving their next tour in the states? I hope not, but in all seriousness, what the hell happened to this country?
11:31 PM on 12/10/2011
Instead of having every person associated with Occupy calling members of Congress to porotest this bill, they languish in leaderless sheepdom; their young minds wrapped around 'Greed.'

I wish they would accomplish something. With their sheer numbers at present, they could have an affect on the outcome of this issue. It is a sad, sad state of affairs at Occupy Nothing meaningful
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HUFFPOST SUPER USER
Joshua Sager
Progressive and Abrasive
06:48 PM on 12/10/2011
I may not always agree with Obama, but I see no situation where Obama does not veto this authoritarian bill. Unfortunately, a presidential veto can be overridden and in this case there is a bewilderingly large amount of bipartisan support. I don't see this fight as an issue of party, but rather principle: Are we a police state, or are we a free country?

Personally, I will never vote for anybody who is willing to support this bill at any level of government; it is simply a non-starter.

SarcasticLiberal.blogspot.com
10:13 AM on 12/10/2011
Are people not aware of this indefinite detention bill? This post only has 22 comments. That concerns me.
We often talk about the injustices in those countries but what about the injustices here--in our very own U.S. of A.?
01:15 AM on 12/10/2011
Ron Paul to fix it all.
nothingchanges
too soon old, too late smart
08:58 PM on 12/09/2011
"A government afraid of it's people, is a Democracy"

"A people afraid of their government, is tyranny"

Be afraid America.......................................be very.........Very.......... afraid.
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HUFFPOST SUPER USER
mater
mater
07:10 PM on 12/09/2011
You just can't make this stuff up. Look at the election results in the Congo. Consider the domination of Middle eastern countries, the patriot held for 20 years in Myranmar, the "disappeared" of Argentina in the 1970s, etc--are we about to go over our own edge and just haven't gotten the memo yet?
06:22 PM on 12/09/2011
Isn't there a wee problem with this act -- the Bill of Rights?
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phal4875
The world is run by cats; we just feed them.
06:03 PM on 12/09/2011
Is this the nation we have become? How could we possibly consider detaining Americans - or anyone else - without trial and without a time limit? This is insanity. What are we so afraid of? About 155,000 people die every day somewhere on earth. That is almost two people per second. Almost none of them die from terrorism. Has 9/11 or the Bush administration turned us into a country of fearful babies?
HUFFPOST SUPER USER
Pooter1
05:09 PM on 12/09/2011
I think Graham clairified the question of whether it applied to American citizens when on the Senate floor he said, “…1031, the statement of authority to detain, does apply to American citizens and it

And IF Obama does veto the bill, it won't be because he thinks its unconstitutional. If you read the official WH response to the bill, it becomes clear that Obama has no problem with detaining Americans indefintely without ever being charge and with no hope of a trial. Obama's veto will come him being against the person being detained by the military. See, anyone detained by the military could be considered a POW and therefore subject to the Laws of War, which forbids rendition and torture, which is the "flexibiity" that the WH refers fears would be restricted by the Executive Branch in the WH response to the Senate's bill.. (Bet you thought rendiction had stopped under Obama didn't you?)

http://www.telegraph.co.uk/news/worldnews/barackobama/4425135/Barack-Obama-to-allow-anti-terror-rendition-to-continue.html

http://www.whitehouse.gov/sites/default/files/omb/legislative/sap/112/saps1867s_20111117.pdf

And this could explain why Holder tried to have FOIA revised to allow the DOJ to lie by denying the existance or possession of requested docs that the DOJ's had in its possession. (Holder later withdrew the request due to negative publicity)

http://www.openthegovernment.org/sites/default/files/FOIA%20552c%20Comment%20-%2010-19-11%20-%20FINAL.pdf
03:00 PM on 12/09/2011
What you fail to mention about the presidential veto threat is that Obama believes he already has all those powers, and he doesn't like Congress trying to insert themselves into it.
HUFFPOST SUPER USER
Pooter1
05:42 PM on 12/09/2011
You really think Obama is threatening veto the bill because he considers it meddling by Congress?

Honestly, I would be glad and greatly relieved if Congress were 'inserted' into the process as the idea of one single person (the president) being able to decide who and why a person should be deemed an enemy of the state and therefore detained indefinitely without ever being charged with anything and no hope of due process, especially if he could do it without Congress ever knowing about it, sounds way too much like a dictatorship to me. Call me old-fashoned, but I still kinda a fan of the 'checks & balances' concept of government.
HUFFPOST SUPER USER
Pyrum
10:16 PM on 12/09/2011
There's no way Obama's going to veto this bill.
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HUFFPOST SUPER USER
gevan
the pilgrim has landed
02:01 PM on 12/09/2011
All those current members of Congress who are leaving office and lose their immunity on Jan 3rd will be whisked away to an undisclosed location and held until . . . until . . . until
02:00 PM on 12/09/2011
You used "congress" and "come to their senses" together.

I have my doubts there.
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HUFFPOST SUPER USER
Mike Armstrong
01:12 PM on 12/09/2011
We need a third party. This is the tea party's answer to the occupy movement. They want to put us all in cages. Not just the pot smokers like they do now. We must have a freedom party to counteract the corporate owned Republicans and the corporate rented Democrats.
02:35 PM on 12/09/2011
Actually, this is the government's answer to protesters in general. As with many other things, fear and crisis get used to gain more power for the powerful. There are a lot of Tea Party people (the small government tea partiers, not the disguised as the tea party GOP psychos) who are just as mad about this as the occupiers are. In fact, the "terrorist" label is being applied where ever it is politically expedient for the status quo, including going after the tea party itself, especially in the early days of the tea party. People like Glenn Beck are railing against this even more than those here are. That should tell you something.

We do need a third party. The tea party got taken over by the right, but it didnt start that way. The Occupiers, I fear, will be taken over by the left. We need freedom, not hijackers taking movements seeking freedom and using them to maintain what we already have, a false choice between the D's and R's. Government power must be stopped.
04:00 PM on 12/09/2011
One of the many things that make Massachusetts as great as it was in the beginning.

Don't kid yourself thinking otherwise because intelligent voters are not hard to find in Mass.

Sorry we drink coffee - who needs some DD
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phal4875
The world is run by cats; we just feed them.
06:05 PM on 12/09/2011
Fanned for sense, Massachusetts, and DD.
12:30 PM on 12/09/2011
Hmmm. I don't know what to think. I contacted my Senator's office and they told me tht I had nothing to worry about and that U.S. citizens will be exempt from the provisions in this bill. Senator Feinstein offered an amendment to the bill in an effort to preclude that outcome, by explicitly altering section 1031 so as to state clearly that citizens are not included. This amendment failed. Still later, she offered a fall-back amendment, altering section 1031 so as to say that it should not be “construed” as taking a position on the US citizen question one way or the other. That amendment was adopted, and is now part of the Senate bill as the conference on the NDAA gets underway. Confusingly, Obama previously threatened a veto for 1032, but NOT 1031. 1032 does NOT concern imprisoning citizens without a trial. He has never suggested using a veto to stop Section 1031 citizen imprisonment. In fact, Section 1031 citizen imprisonment without trial was requested by the Obama administration according to Senator Levin's rant on the Senate floor.
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phal4875
The world is run by cats; we just feed them.
06:07 PM on 12/09/2011
Dear WATTON:

You were very brave to contact that office. Others who did are being held in Carjackistan without trial.