A repository for Marcospinelli's comments and essays published at other websites.

Barack Obama Waives Rule Allowing Indefinite Military Detention Of Americans

Tuesday, February 28, 2012


Even the one substantive objection the White House expressed to the bill — mandatory military detention for accused American Terrorists captured on U.S. soil — was about Executive power, not due process or core liberties. The proof of that — the definitive, conclusive proof — is that Sen. CarlLevin has several times disclosed that it was the White House which demanded removal of a provision in his original draft that would have exempted US citizens from military detention. In other words, this was an example of the White House demanding greater detention powers in the bill by insisting on the removal of one of its few constraints (the prohibition on military detention for Americans captured on US soil). That’s because the WhiteHouse’s North Star on this bill —  as they repeatedly made clear — was Presidential discretion: they were going to veto the bill if it contained any limits on the President’s detention powers, regardless of whether those limits forced him to put people in military prison or barred him from doing so.


Any doubt that this was the WhiteHouse’s only concern with the bill is now dispelled by virtue of the President’s willingness to sign it after certain changes were made in Conference between the House and Senate. Those changes were almost entirely about removing the parts of the bill that constrained his power, and had nothing to do with improving the bill from a civil liberties perspective. Once the sole concern of the White House was addressed — eliminating limits on the President’s power — they were happy to sign the bill even though (rather: because) none of the civil liberties assaults were fixed.


About Terrorism
Read the Article at HuffingtonPost

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