Community | December 20, 2011 | 2 comments

NDAA FAQ: A Guide for the Perplexed

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WakeUpPeople
There seems to be a lot of confusion out there on the NDAA "Indefinite Detention" law. I found this great source and wanted to share. I can't post it all, but I highly recommend going to the link to read everything. Very informative and politically neutral. I think we can all agree that it is awful.
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The volume of sheer, unadulterated nonsense zipping around the internet about the NDAA boggles the mind. There was a time–only a few months ago–when the NDAA detention provisions were the obscure province of a small group of national security law nerds. Now, however, this bill has rocketed to international notoriety. The added attention to it is a good thing. It’s an important subject and warrants genuine debate and discussion. The trouble is that much of the discussion is the intellectual equivalent of the “death panel” objections to the health care bill. While certain journalists have done a good job covering the controversy, it’s much easier to get bad information than good. The reader who wants answers to simple questions faces a confusing array of conflicting information.

Here then, as a public service, is an NDAA FAQ–a simple attempt to lay out the key questions people are asking about the NDAA and answer them as simply and neutrally as we can. Many of the answers here we have discussed in greater depth elsewhere on the blog. We will link to those posts for readers who want greater depth. This is an overview, a Guide for the Perplexed.

-What exactly does the NDAA do?-
(Please visit link for content)

-Does the NDAA expand the government’s detention authority?-
(Answer is no, but please go to link for content)

-Does the NDAA authorize the indefinite detention of citizens?-
No, though it does not foreclose the possibility either. Congress ultimately included language in the NDAA expressly designed to leave this question untouched–that is, governed by pre-existing law, which as we explain below is unsettled on this question.
(Please go to link for the complete response to this question, as it is the most contentious)

-Does it prevent the closure of the detention facility at Guantanamo Bay?-
(Answer is yes, but please read more at link)

-Does it prevent civilian criminal trials of terrorism suspects?-
(Answer is yes and no... more at link)

-Does it repeal the Bill of Rights?-
No federal statute can repeal the Bill of Rights. To the extent any provision of the NDAA is found to conflict with any provision of the Bill of Rights, it will not survive constitutional scrutiny. (More explanation at link)

-Is there anything in the NDAA about which human rights groups and civil libertarians ought to be pleased?-
Yes, actually, there is. (Please read more at link)
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2 comments // NDAA FAQ: A Guide for the Perplexed

  • fun_size
    • +1
      fun_size  
    • That was actually really helpful thanks WakeUp. I cant believe this bill actually forces the continued indefinite detentions at Gitmo though. And Obama didnt veto it... guess he wanted this huh? Im loving that transparency right about now...

    • 5 months ago
  • WakeUpPeople
    • 0
      WakeUpPeople  
    • fun_size:

      I'm shocked by it as well. With the number of times he's tried to close Gitmo, I don't know what changed his mind. The one thing that may have had a factor was that the NDAA bill was overwhelmingly passed in Congress, and if Obama had vetoed it, they would most likely be able to override his veto. But still, some things need to be done on principle.

    • 5 months ago
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