Mark Udall’s amendment to strip out indefinite detention provisions from the defense authorization bill failed today, and the bill will likely pass the Senate with the provisions intact.
The Senate soundly defeated a move to strip out controversial language requiring mandatory detention of some terror suspects, voting it down 61 to 37 and escalating a fight with the Obama administration over the future course of the war on terror.
The proposed amendment to the massive National Defense Authorization Act would require the FBI and other civilian law enforcement agencies to transfer al-Qaida suspects arrested overseas on charges of planning or carrying out a terror attack into military custody. It wouldn’t apply to American citizens, but the change has drawn strong opposition from civil rights groups and the White House, which has promised to veto the defense bill if that language was included.
That’s not quite right. They have promised to veto the bill, but it’s not entirely clear why, or if they will swallow hard and agree to the detention statute. In previous defense bills, the Administration has allowed passage of measures on detentions and Guantanamo that they did not support entirely.
Here’s the roll call. Udall got just 2 Republicans (Rand Paul and Mark Kirk) and 35 Democrats for his measure. The New England Three all voted to preserve the indefinite detention language. The good news, if there is any, is that Udall got enough votes to block a veto override, if it came to that. Marcy Wheeler has the rundown of the Democratic no votes, which include some surprises (Whitehouse?).
There is a sense that this was a battle of two wrong sides, between codifying indefinite detention in the law versus allowing the executive branch to guide their own regime without legal checks and balances. There’s also the issue of expanding the use of the Authorization to Use Military Force to allow for the detention of a much larger range of suspects. But I don’t think that codification is a good idea in any case, especially because of what the language allows regarding US citizens.
If Obama follows through with the veto, there will have to be some change to the bill, if the 37 voting for the Udall amendment hold out. I smell an unsatisfying compromise.



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Does Kay Hagan think this will vaccinate her against the Republicans charging she’s soft on terror during her re-election bid? Does Jean Shaheen? Fools.
I smell a lot of something in the air too, but that’s not what I would call it.
I just don’t get how brazen our Congress is. They do absolutely nothing that the people want and instead do the exact opposite… and have no shame about it. At least before they use to feign interest in issues that the American people wanted addressed. Now they just do whatever they want. Who the hell elected them to put something like this in the defense bill? I grew more disgusted with this country every day. Things have come a long way from my youth… and that was only a few decades ago. I can’t imagine where we will be 20 years from now.
Unfortunately, there are too many Americans who do want a more violent and militarist state. While they may be a distinct minority, they feed quite readily into the pods already built for them by the plutocrats and the corporate media. This country needs more than a fairy tale warrior gods blessing. It needs massive change, starting at the electoral level and proceeding all the way up to how we define our national sense of being.
Obviously, there is enough corruption coming from war profiteers and their propagandists and shills that any change will be very difficult. OWS is a seed that they must grind up as quickly as they can. If they can.
We have to work at removal of any member of Congress that voted in favor of this. I am thinking of the same threats that Grover Norquist gives them. I hate to say it, but there has to be a stopping point on removing Freedom and Democracy from this country under the guise of “Homeland, Security, and any other witty words they can come up with to change the appearances of what they are doing.
How can this continue? Is this not an act of a Traitor to the US?
It’s like the PTB are daring us to riot and revolt. “Hey, we’re going to keep doing what we’re doing and there ain’t shit you can do about it,” seems like their line of thinking. I’m sure they have always thought this but now it’s like they have no problem putting it on full public display. This is another fallout from the Citizen’s United ruling. They know we don’t matter anymore to their job security.
A little OT but is there a single part of our country that hasn’t been corrupted by big money? I can’t think of anything.
A “Crossing the Rubicon” and “Reichstag fire” moment if there ever was one.
America has been a disguised corporate/financial/militarist Empire for quite some time now, but this act by the actors of the Empire is the “Fonzi jumps the shark” ending for the series, “Happy Days in anything approaching a democratic Republic”.
And when the Empire turns inward on the homeland then the painful truth of Hannah Arendt’s prescient warning about all Empires starts to really sink-in, with the arrival of the tow-truck with the wire rope noose on your own block.
“Empire abroad entails tyranny at home.”
Best luck and love to Occupy Empire.
Liberty, democracy, justice, and equality
over
violent/Vichy
empire,
Alan MacDonald
I have always thought the label “Homeland Security” was totally Nazi.
I’m a Michigander and I’m officially done with Carl Levin. He has become part of the problem.
Just your heart! :>)
The squirrels that loot my bird feeders have better error-learning abilities than Capitol Hill Democrats.
Whole lot of truth in that statement. Whole lot of truth.
I’ve given up putting them out any more. Everything I’ve tried, EVERYTHING, they’ve figured out a way past.
I put one on the top of a 10 foot straight metal pole. It was in the ground probably a foot and a half, so we’ll say the feeder itself was 8 1/2 feet off the ground. No limbs, trees, NOTHING nearby. I put it in the middle of flat, empty part of my yard.
I saw them trying to climb the pole. I thought, good luck with that. I then saw one get over halfway up, so then I went out greased the pole.
Within two days they figured out a way. I wasn’t sure how at first, but then one day I watched. The little bastards would literally get a HUGE running start, leap at the pole and hit about halfway up, and start digging and hanging on for dear life and work their way up the rest of the way. A greased, metal pole.
I gave up. Squirrels win.
Ha, thanks. At least my heart is still fully owned by myself and not a corp. I’ve seen Repo Men.
There really aren’t 37 votes it’s all staged when the chips are down. That’s why they have cloakrooms to decide who’s the hero and who’s the Goat .
And the waiting for the “peoples” president to veto it Ha Ha Ha Ha Ha Ha .
If the Obama administration approve this, does this mean that a subsequent president could conceivably arrest and detain a Kenyan Usurping Socialist indefinitely?
I cannot as yet understand why treason or sedition has not played into this dialog. If one could be tried for attempted murder,Could the world court try for an, attempt at crimes against humanity? Which is really what this is all about.
Yup. Just like the kabuki confirmation votes on Bush 43′s appointees. What gave the game away was the Ashcroft nomination: there were enough votes against confirmation in theory to sustain a filibuster. However, the Democrats had no intention of mounting one.
Capitol Hill Democrats: the 1919 Black Sox of American politics.
More like the fucking Brownshirts.
Get a squirrel baffle. They work–or at least they work with the varmints around here.
Wire the pole to a 12 volt battery. Charge the battery up every now and then as it runs down.
Tastes just like chicken if ya roast them properly. ;-)
Tammany’s Concordat of Squirrels: I acknowledged their right to prowl my back yard, but filled my bird feeders with thistle and safflower seeds. It’s worked so far.
From all I’ve read from Mr.’s Walker and Dayen and Mz. Wheeler about this issue, I smell what Mr Dayen smells.
There is a LOT of obfuscation goin on and in the end our erected offals will approve military and police indefinite detention of US citizens on US soil . . . . without need to establish cause.
Dissent of any sort (public, print, boradcast, internet) will be (is) the toggle for ‘disappearing’ Americans on our own soil.
This will kill the internet activity until net neutrality is fully legislated away. Then the corps will monitor and turn in their customers using their internet related products.
LeSigh.
Actually, there are a number of Amendments one can mention with regard to this, Amendment IV
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Amendment XIV, section I
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
And last but not least is this:
TITLE 18, U.S.C., SECTION 241
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;…
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Obama is going veto something? Thanks for the laugh, I needed one today!
Just a goddamned piece of paper. I’m embarrased that Idiot George knew it before I did.
I’ve eaten squirrel lots of times. Used to hunt them every year. IMO, there’s no better gravy than squirrel gravy.
But this was ridiculous. Family members wouldn’t believe me, so they would come over and watch. And sure enough, up a greased, metal pole they went.
I’m not a handyman at all around the house. I had put up bird feeders in my trees, then hung them on my clothes line pole (wood) and they were all destroyed. So I got this idea for a tall pole, at the top which I would drill two holes, one about 3 inches higher than the other. I put a bolt and nut in the bottom one, got a 6 foot 2X4, drilled a hole in the very middle of it slightly bigger than the circumference of the pole, and then lowerd the two by four onto the pole. Then put a bolt and nut in the top hole of the pole, and viola, I had a 10 foot bird feeder, with an extension on each side that I could hang two feeders on, one on each side.
I patted myself on the back and admired my work. And then squirrels promptly showed what a joke my work really was.
Up a greased, metal pole. I saw it with my own eyes and still find it hard to believe. The little bastards are RELENTLESS when they find a feeder.
Again: try a baffle.
*Embarrassed*
I don’t even know what a baffle is! LOL
Not to butt in or anything, but it looks like you are baffled lol.
LOL!
Yep. So baffled I just gave up. Haven’t had a feeder in at lease 7 or 8 years now.
That is one strange voting pattern. Warner, Webb, Tester, Baucus for the Udall amendment. Whitehouse against. Durbin was for it; I supposed the tea-leave readers with see that as a sign that Obama was for the Udall amendment.
Here’s one. It’s fun to sit in the backyard and watch the little jerks be, well, baffled.
I am not of those with a legal background, just someone with a computer, as dismal as it looks today, I am of the opinion that everyone of those that voted against Udall’s amendment will be written up in the history books for what they are… again, having no legal background, I wonder, couldn’t there be initiated a class action suit, as in … “We the People, against the government (people vs people??”.. LOL !) such that the American citizens sued the government for breach of contract? For indeed, the contract has been breached. I also cannot help but wonder, once those who are asleep today, awaken, just what the response will be? We are not Egypt, after all. Many have more than rocks and sticks to use.
I empathize. I’ve had my own battles. Wish I knew then about the gravy thing lol. Watching the birds come into my feeder was a great pleasure as I sat at my desk, but the squirrels won that time, too. And we wonder why we can’t get rid of the oligarchs?
The courts have a million ways to shut down such a litigation. The system will not facilitate our attempts to replace the system. That’s the bottom line, I’m afraid. I’m also afraid we cannot win an all out fight, the weapons and forces available against us would be overwhelming. I wish it were not so. I support and have placed my hopes in Occupy, but believe it will come to force eventually, by the PTB, and have trouble staying optimistic. It’s clear to me that the law is no longer available to protect us.
OMG, the squirrel gravy is heavenly. EVERYONE in my familty agrees that squirrel grave is the best gravy there is. The meet is really quite good too, if it has been handled right.
I would boil the squirrel for about 10 minutes, so as to get it tender. I would then take the squirrel out of the water, and add milk to the water it was boiled in, to make it about half milk, half water, maybe a little less than half milk.
Then in a frying pan take a stick of butter and heat it up on high heat, when the butter is melted add enough flour to the butter to make a thick paste, then pour in the milk/water mixture from above. Stirring constantly, the thick paste you make will thickin it up, to the point you may even have to add more water/milk. Salt and pepper to taste, and I’m telling you it’s the best gravy I’ve ever tasted.
When combined with fried squirrel (I coat it in flour and fry it in a skillet until browned after boiling it) and some biscuits, man that’s good eatin’!!
Also, after killing and cleaning them, I would soak them in heavy salted water for two days before cooking. This would draw most of the blood out of the meat and IMO if you don’t do that the meat is not nearly as good.
I miss my hunting days…
You tried possum, too?
No, never tried that.
You?
NO. But I’ve heard about how they slide around real nice on the platter from all that grease. (One particular step-father was full of stomach-turning stories like that.)
The phrase, “possum-breath cocksucker” springs to mind (The Prince of Tides).
After reading that, and pressing my gorge back into place, I’m wondering why you don’t just shoot the little pirates? Do you own McDonald’s stock lol?
LOL,
well, the reason I don’t shoot them is because it’s illegal to disharge a firearm here in my subdivision. Wouldn’t do it anyway, there are houses far too close to make shooting safe.
Appearances are just that.. appearances. I don’t believe in them. I am perhaps, cockeyed in my trust in us, as a nation, but I do trust that in the long haul “this too shall pass”. As I believe that the crafters of said provisions in this bill, which Udall tried to amend, shall have history’s scorn.
Bless your good heart, but I’ve shared your hopes for 30 years, since I was in law school, and have instead seen almost all the Constitutional law I learned about get undone by the Rehnquist Court and those subsequent, and the freedom disappearing a little more each and every year, but with rapid acceleration and greater aggression each year since 2001. We may be past the point of no return, but I guess there’s always room for a miracle.
Got throwing stars? I used to be pretty good with them back in the day. Seems like they’d be perfect for your situation. (I’m holding myself back from asking if they taste like chicken lol.)
I believe there is such room for miracles. I too, have watched for decades as more and more freedoms have been rescinded. But I have an unshakable faith in us, as a people. Our biggest problem is that not enough are awakened to what is taking place. I was thinking about this as I was in the grocery store tonight. What does one do? Grab strangers, and say “Do you know WTF went down in the Senate, today?” Not the most civil of approaches, probably. Don’t sell us short. We are an amazing people, once we understand what is at stake. I think it was Churchill who is quoted as saying, “The Americans will do what is right, once they try everything else”. Perhaps, realitychecker, it is time to rewrite the entire agreement, the contract, if you will, rather than fix it. It will unfold, it will be nasty, (I have no doubt), but I trust in the goodness of us, that lies hidden and unseen… until it bursts forth, as it has in the past, when it is needed most. Cockeyed? Probably. Thank you for engaging in this conversation.
It’s a pleasure to engage with you. We had a good system, but now it is corrupted in every niche and at every level. We need to undo everything, and start over with a clean slate that adheres to original principles, and incorporates the lessons we learned from the previous phase. The media will keep the people sleeping as long as possible, but maybe a prince (or princess) will come along to kiss us at some point. I always leave room in my thoughts to hope for a miracle.
The Udall amendment wasn’t any good either, so it was a false choice or a trick. Both are an expansion of Presidential Authority. You don’t have to be a lawyer, but if you want to understand it, empty wheel is an expert at breaking it down for the rubes. Congress members that voted against it should be praised. It seems like they can’t pass anything positive, everything causes extreme damage in one way or another so it almost like grid-lock is preferable to their train-wrecks.
That’s right, false choice. Everyone in DC agrees there should be more tools to oppress the regular people. We are soooo fucked.