Two major year-end pieces of legislation were readied yesterday, and in this case, House and Senate negotiators reached agreement on the measures, expecting to pass them by the end of the week. First, appropriators agreed to a $1 trillion omnibus spending bill covering the rest of the fiscal year (to September 30 of next year) on domestic spending.
Most of the unrelated policy riders built into some of the spending bills by House conservatives have been removed, and the bill maintains the $1.043 trillion level of discretionary spending mandated by the debt limit deal. Some priorities, like foreign aid and environmental spending, see a slight decrease in the bill, and others, like veteran’s benefits, nuclear modernization and funding for schools with disadvantaged students, see a slight increase. Most budgets are frozen, which is a cut in real terms, and will become evident as a fiscal policy drag in the coming year.
The biggest policy rider concession concerns a restoration of tighter restrictions on remittances and travel for Cuban immigrants, a wrong-headed idea that is as counter-productive as the embargo. The most notable item in the omnibus is probably the freezing of $700 million in foreign aid to Pakistan, another escalation of that troubled relationship.
The other big bill rolled out of a conference committee yesterday was the $662 billion defense authorization bill. The Senate version of the bill drew a White House veto threat because of several detainee provisions that codify indefinite military detention for terrorist suspects. Marcy Wheeler says those provisions are little changed, but the slight changes may be enough for the President to sign. Adam Serwer adds that at least one hurdle has been cleared, on gay rights issues:
In October, House Armed Services Committee Chairman Buck McKeon (R-Calif.) vowed not to let the National Defense Authorization Act pass, if provisions prohibiting military chaplains from performing same-sex marriages weren’t included in the bill. But as the final version of the defense spending bill emerged Monday evening, the anti-gay amendments had been stripped.
With this agreement, the only decision left is whether the President will veto the bill over the detainee pieces, once it passes Congress. Lawmakers lobbied the White House to approve the changes, but the Administration had no comment on Monday. The changes, it should be added, still appear to allow indefinite military detention of terrorist suspects, including US citizens, subject only to a waiver from the Secretary of Defense.
The major change is an addition that says “nothing in this section shall be construed to affect the existing criminal enforcement and national security authorities of the Federal Bureau of Investigation or any other domestic law enforcement agency with regard to a covered person.” But the mechanics of that are unclear. The bill also blocks funding for any construction of detention facilities for terrorist suspects on US soil, ensuring the continued use of the island prison at Guantanamo Bay, Cuba.
This still looks inadequate from a civil liberties standpoint, but the Administration’s only real objection was that they wouldn’t have the flexibility to indefinitely detain or do whatever they wanted on detainees anyway. The changes may clear that low bar. That means the indefinite detention regime looks about ready to become law.




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Let’s all hold hands and sing a rousing chorus of God Bless America.
“That means the indefinite detention regime looks about ready to become law.”
Wait while I get a bigger flag to wave.
The ignorant jingoism, not to mention human rights-denying, thrust of this political culture is more of a disappointment every day. Really, what use is the U.S. Congress? The courts (we’ll see). The executive executioner-in-chief?
We are in a full blown depression both economically and psychologically. This generation of rich people will be the end of the line one way or the other. This is the fall of the Roman Empire all over again with much more dire consequences.
Thank god they included Nuclear modernization./s
How much have we thrown down that bottomless pit.
Maybe one day we’ll have a president win the Nobel peace prize on the promise to eliminate all nuclear weapons, that would be an honest president who doesn’t promise one thing then sell us out by doing the opposite.
Obama’s only real objections were 1) that the Executive branch already believes it has the power to detain anyone, anywhere, anytime, forever and without trial, and they don’t want to cede any turf to Congress by even intimating this is a power Congress can grant, and 2) by requiring the disappeared to be held under the law of war, the detainees would be subject to Geneva, i.e., they couldn’t legally be tortured, and Obama wants the freedom to continue to torture.
In other words, Obama’s objections to protect his own power, and the indefinite detention of Americans without trial language left Americans not with too few rights, but too many.
Or “Proud to be an American, where at least I know I’m free!”
What a contemptible lie!
Once this is passed watch for a re-definition of the word ‘terrorist.’
Occupations, especially the ones obstructing commerce at our ports, will be deemed “Economic terrorists”. Within weeks.
Soon commenting on this blog.
“the indefinite detention regime looks about ready to become law.”
I agree with you interpretation: Obama believes Executive has “wartime” power to toss Constitution, holding anyone forever, with torture – and does not need Congress, plus he fears holding under a detainee law might invoke Geneva and prohibit torture.
Guess we would have been screwed with the indefinite detention wording removed, but without the new wording it would not be so obvious – after the Obama taking back his veto threat and signing – that Obama really is the right of center terrorist that he tries to hide in election years.
Who would have thought we would miss Ashcroft, Gonzales, and Yoo?
Heh, and W and the Dick!!!
Turns out W and the Dick were right about the constitution all along. It really is just a piece of paper.
Since they’re no longer hiding the fact the Constitution is dead, IMO they should replace the Constitution on display at any federal buildings with a blank piece of paper. With the heading at the top “Here are your rights.”
Actually they don’t need to do that because they have the word “suspected” in front of terorist which provides the government MUCH latitude.
Good point and with habeus corpus suspended anyone can be “disappeared”.
And ‘citizen’ will probably be redefined as well. Filing with the IRS, and owning property will allow some latitude, and the rest will be ‘citizen residents’ or some such thing that is exposed to detention.
At this point it does not seem to matter who the president is, the momentum will be maintained. Whose orders does the military follow? Is it the people? Are the Generals and the Pentagon and the Senators and the Congresspeople all free and able to follow the will of the people, or do they serve other interests?
Climate change failures mean ‘game over’ in terms of our collective health as a species and the well-being of our descendants. The NDAA might very feel mean ‘game over’ for the Bill of Rights.
This is perfect. A real president like Joseph Stalin could now hold all of Congress that voted for this execrable vile (indefinite detention) and all of the banksters in jail indefinitely. The rationale would be that all of these people did what bin Laden wanted: Destroy the American economy.
This is akin to the Alien and Sedition Acts passed under Samuel Adams.
Worse than Bush