Other than the payroll tax legislation, the big news in the Senate this week is the defense authorization bill, traditionally seen as must-pass legislation. It seems like every year there’s some big controversy over this bill. This time that comes in the form of a measure that would mandate indefinite detentions of terrorist suspects in military custody and open the door for those indefinite detentions to extend to US citizens.
The military would essentially have total control over detainees, and even with a dissipation of Al Qaeda they would be authorized to use the indefinite detention power over anyone they deem a dangerous threat to national security.
The Obama Administration has offered an ambiguously worded veto threat to the bill, but it’s unclear whether this threat specifically targets the indefinite detention provisions. And the President has already signed a prior defense bill with similarly troubling provisions.
With any defense bill there are lots of pending amendments, and the legislation could take the whole week. A list of amendments is here. But the most important one comes from Sen. Mark Udall of Colorado, who wants to strip out the indefinite detention changes. Here’s his statement:
While Udall strongly supports the overall defense bill, he has led the opposition to provisions dealing with military detainees because they were drafted in spite of the Pentagon’s opposition. The provisions remove the military’s ability to select the best venue to prosecute suspected terrorists and create legal ambiguity that would jeopardize the military’s anti-terrorism operations and detention practices.
“The United States Senate has a solemn obligation to our men and women in uniform to pass a Defense Authorization Act, but we also owe it to those fighting the war on terror to prevent rushed, untested and legally controversial limitations on their operations. I can’t support provisions that I believe will hurt our national security,” Udall said. “We haven’t had time to adequately consider these provisions. We need to know what our military and intelligence experts – and our men and women in the field – actually need to most effectively prosecute the war on terror, especially before we change detainee provisions that are already working. I’m urging my colleagues to support my amendment so we can prevent a White House veto, move forward with the NDAA and reach a workable resolution on the detainee provisions.”
Udall gave a long speech on the Senate floor itemizing his concerns. The full text of his amendment is here. He is whipping support for his amendment and already has 20,000 citizen co-sponsors. Udall writes in an email to supporters that “we are threatening to undercut the very principles provided to every American under the Constitution,” and that “These new regulations would make the U.S. military the judge, jury, and jailer of terrorism suspects and could prevent the FBI and state and local law enforcement from participating in the investigation.” He is leveraging the support of the White House even while they have remained circumspect. Since it’s in the interest of virtually every Senator to pass the defense bill and keep the military contractor gravy train flowing, using the threat of a veto is one of the few ways to affect the outcome.
Jeralyn Merritt has another series of amendments to the defense bill that need to be defeated. But the Udall amendment is basically the last chance for stopping an indefinite detention regime from passing the Senate. Udall does not have the full support of his party on this. Carl Levin and John McCain, the co-chairs of the Senate Armed Services Committee, have a WaPo op-ed defending the detention measures. They chalk it up to a “misunderstanding” about what the bill actually does. I’m not so confident.
There’s a conference committee with the House, some completely unrelated measures (like military chaplains performing same-sex marriages) that could derail the bill, and that vague veto threat from the President. But the best way to stop the indefinite detention regime is by passing the Udall amendment.





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Last week Emptywheel wrote that Obama’s veto threat was because of strictures put on his Goldsmith/OLC blessed secret powers that go beyond what is written in the AUMF.
Here’s her latest: Mark Udall’s Unsatisfactory Solution to the Detainee Provisions
Marcy’s bold.
Civil liberties are SOOOOO 20th century. Very inefficient. /s
Rand Paul has put up an amendment to strike all of section 1031 from the bill, thus going further than Udall’s amendment.
http://tncampaignforliberty.org/wordpress/2011/11/senator-rand-paul-aims-to-kill-indefinte-detention-in-dod-bill/
In the face of the Occupy Movement, this is truly terrifying. I can’t help but have visions of Nazi Germany. People being taken from their homes because of their associations, their writings, their speech…
How incredibly sad that we are now fighting over whether the military has the right to kidnap and indefinitely hold US citizens on US soil without any burden of proof or checks by the judiciary. The Senate has disgraced us once again. Even winning this fight is disgraceful, because this never should have been proposed.
while they figure out ways to round us up the real terrorists roam free with stolen cash
Today, BusinessWeek’s Michael Serrill and Jonathan Neumann have released a blockbuster report based on a FOIA response by the Treasury, which proves that in America rules are only for little people, that this country has been a banana republic for years, that Animal Farm was spot on, and gives excruciating detail of how Hank Paulson tipped off a select group of Goldman diaspora hedge fund managers about the eventual failure of Fannie and Freddie 7 weeks ahead of this information becoming public knowledge. zerohedge
Was there ever any doubt but that the whole “save the world” campaign was to benefit Goldman Sucks’ bottom line.
That was certainly the point of Lehman’s bankruptcy. GS hated Lehman.
Nice to have details come out, though.
On edit: GS alums are now in charge of Greece, Italy, Spain, iirc. Bloodless coups in Europe.
Boy, you’ve got that right. But that is where we are. Hitler must be smiling.
agreed. of course nothing will happen, and rumors abound that GS is about to pull the same trick in europe. They want the govts to hold their powder, so a few banks go bust and GS and JPM step in and buy them for pennies and then of course the govt via the ECB will start printing like crazy.
Those who remember the internment of the Japanese say Carl Levin doesn’t remember enough history:
http://www.mercurynews.com/opinion/ci_19413004
I fear we’ll have to amputate the South to save ourselves.
Amputate NYC, DC, and Houston. That should do it.
Oh yeah, and Chicago
With Bloomberg in charge, following Giuliani, can’t imagine why wingnuts wouldn’t want NYC to stay in. Oh, and Goldman Sucks being the power behind the throne.
Exactly what I was thinking – we’re on our way there. Let’s see, we have the Patriot Act, the Dept. of Homeland Security, the para-militarized police forces across this country, the bills re the Internet (I forget the exact names), and a corrupt government. And now this. As far as I’m concerned, the stage has been set.
OWS better start organizing to get candidates on the ballot in the coming election or else all their great work will have been for NOTHING.
I am a registered Independent and I WOULD VOTE FOR an OWS candidate for president and any candidates they may sponsor in my state.
Do it… or lose your place in history.
96% of the time the candidate that raises the most money wins. With the Citizens United decision how can any independent who doesn’t take money from Corps hope to win an election?
The system needs to be fixed first. We’re working on it.
Where’s the one brave Senator who will put the anonymous hold on the bill? Bernie Sanders, have you gone all bipartisany? What about you, Al Franken? Haven’t heard a peep out of you since you sold out on Healthcare?
“Where’s the one brave Senator…?”
Probably the most cowardly group of people in the world. Can’t imagine who could compete.
Our founding fathers would be apalled at what we have done recently in direct violation of our OWN constitution. we are so close to living in a police state it’s not funny.
Term limkts and campaign finance reform. The former will be difficult and the latter has already been torpedoed by the SCOTUS. Gonna be a real uphill struggle.
Rand Paul is probably your man. How do you like them apples?
According to “The Weather Channel”, Houston and Texas is SOUTHWEST……..not SOUTH. :-)
Karl Levin is as far North as possible.
I’ve already called Barbara Boxer and Dianne “I Married a War Profiteer” Feinstein to express my support for the Udall Amendment.
Has anyone else seen Rachel Maddow’s report on Obama’s weird Orwellian speech at the National Archives, home of the Constitution, in which he blasted Bush/Cheney violations of the Constitution, then called for the ability to imprison people without criminal charges, which I believe is (or at least used to be) a violation of the Constitution?
http://bit.ly/DeAHn
And the final solution for the Muslim ( oil ) problem.
Because we need to have desaparecidos of our own…the new multi-culturalism.
And that little Diebold glitch with the airplane backup, right Paul Wellstone.
Let’s see, “unlawful imprisonment” and “warrantless wiretaps”…….I’m looking……I can’t believe the Constitution does NOT have an “index” in the back. Anyway, I could swear I saw that in there somewhere with the “right to peaceably assemble” and “freedom opf speech.”
Lemme get back with you.
Rand Paul taking on McCain on the floor:
http://thehill.com/blogs/floor-action/senate/195889-sens-paul-mccain-clash-over-terrorist-detainee-amendment-?page=2#comments
Where are all the Rand Paul haters today?
After reading the amendment put forward by Sen Udall, I’m at a loss to see how it prevents the disappearing of US citizens by the Army. There is language about “assesments,” and “deficiencies,” but nothing about any Constitutional prohibition of such an action. It strikes me as similar to the retroactive effect of the FISA. Whatever you may think of Rand Paul, he is spot on this time. The truth is that we are no longer governed by the Constitution; the “PATRIOT” Act took care of that. And those freedoms that “they hate us for,” where are they. The misattributed quote about fascism coming to the US “wrapped in a flag and carrying a cross” tells us what has already happened.
1031 and 1032 appear to be two separate provisions.
1031 is authority for the military to detain covered people which includes any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces. It is not otherwise limited.
1032 covers the situation when the person is required to be held who has been captured in the course of hostilities. It has additional criteria once it is determined that someone is a covered person. The DOH can waive the requirement that the military hold this person in custody. The requirement to hold does not extend to citizens or to a lesser extent to resident aliens.
So 1031 is as ghastly as the ACLU says it is if you assume that there could be political reasons for the executive branch (now future?) to see something as a “beliigerent act” or see someone as supporing hostilities in aid of enemy forces.
I would have to read the Udall amendment to see what, if anything, it adds or subtracts to this dismal situation. I do not see any reason on earth to have section 1031 and if Ron Paul agrees with me on that, then so be it. I personally want nothing to do with these hideous arrangements for detainment, lack of justice, hidden punishment, horrid suppression and all to do what? Keep whom safe?
Ben Franklin was right
And freedom isn’t free. exercising our rights can now, according to these provisions, be labeled a criminal, terrorist act. We can be held indefinitely without trial. We now have no rule of law that would protect us.
Is this statement accurate? If it is then we no longer live in a free country, and haven’t for awhile. The thrust of this started before the turn of the 20th century.
This is travesty. The people responsible, traitors.
The populace in the main have no idea this is going on, they are prisoners of lies and manipulation coming at them live every night in front of the blue screen. And everything on that screen is a lie, all of it. If not a lie then misdirection.
We had the catalyzing effect of 911 burned into our brains ad infinitum and people swallowed the lie and all that went with it. They are literally nickel and diming us with a law here, a law there..little seemingly inconsequential laws. When you add them together you have tyranny.
We need our own catalytic event.
You and I are free sovereign human beings, no matter where we were born. It has always been the few that rule the rest, but that can only happen with your consent, your acquiescence, your selling cheaply what is so valuable.
I know you all here will fight, you will not sell yourself cheaply.
I’m right here, and I STILL wouldn’t trust that racist, misogynist and homophobic nightmare as far as I could pee.
End of story.
When I go back to the articles Marcy Wheeler has posted at Emptywheel on this topic it is PLAIN and EVIDENT that neither Udall’s or anyone else’s amendments are gonna stop the reality of indefinite military detention from moving forward.
So, Udall’s work is like a distraction while the real meat is ground backstage out of sight of all.
I have NO positive outlook on this anymore, it’s a police state and will get worse as economic conditions for the masses worsen.
Occupy nation wide is in their sights, as will be and likely is, all internet dissenting comments and thoughts.
It’s gloomy, I’m afraid.
Yes in regards to 1031 and 1032, Marcy Wheeler does a good job of breaking them down.
There’s a lot of intentional obfuscation and reporting about this AUMF related work in the senate.
It’s getting ugly as ’33. Or ’29, and I don’t mean here in the US then.
http://www.youtube.com/watch?v=a8QksTKRYS0
bye bye miss liberty
http://www.youtube.com/watch?v=RUFJ30_Y0EM
Time to go to the mattresses
humor never hurts on the way to the gallows pole
BREAKING NEWS UPDATE!
Marcy Wheel posts Udall’s 1031 was voted down! Good news, but it’s a bit of a two edged coin.
http://www.emptywheel.net/2011/11/29/udall-amendment-fails-37-61/