Community | January 01, 2012 | 154 comments

Obama pledges to exempt Americans from indefinite detention law

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By Stephen C. Webster
Saturday, December 31, 2011

President Barack Obama signed on New Year’s Eve a bill that gives the military authority to detain American citizens indefinitely and without criminal charge, breaking with the stroke of a pen one of his many campaign promises, even as he pledged that the new powers the bill grants will not be applied to U.S. citizens.

The provision was just one part of a massive $662 billion defense spending authorization that funds the military, penalizes Iran’s central bank and freezes military aid to Pakistan, among other things.

The president’s opponents in Congress, including some Democrats, attached the indefinite detention provision to force the administration to either accept a much heavier load of terrorism suspects, many who would be heading to the Guantanamo Bay military prison, or veto the bill and stand accused of opposing funds for the troops.

President Obama issued a veto threat after a provision was added that required all terrorism suspects be automatically rendered into military custody — a fundamental change to the criminal justice system that members of the administration warned could stymie other agencies or put investigations at risk.

Obama agreed to sign it after language was left in the bill that allows the administration to dedicate terror prisoners to civilian courts instead of military custody. In its final form, the bill stipulates that all terrorism suspects are to be handled by the military unless the administration decides otherwise and explains its reasoning to Congress.

“My administration will not authorize the indefinite detention without trial of American citizens,” President Obama said in a signing statement, a tactic presidents occasionally use to clarify how they interpret laws. “Indeed, I believe that doing so would break with our most important traditions and values as a Nation. My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law.”

Obama went on to explain that as he understands the indefinite detention provision, his administration is being given “broad authority to determine how best to implement it,” which he said would be used to ensure American citizens are exempt.

“I reject any approach that would mandate military custody where law enforcement provides the best method of incapacitating a terrorist threat,” Obama wrote.

“As my Administration has made clear, the only responsible way to combat the threat al-Qa’ida poses is to remain relentlessly practical, guided by the factual and legal complexities of each case and the relative strengths and weaknesses of each system. Otherwise, investigations could be compromised, our authorities to hold dangerous individuals could be jeopardized, and intelligence could be lost. I will not tolerate that result, and under no circumstances will my Administration accept or adhere to a rigid across-the-board requirement for military detention.”

The signing statement, while likely a relief to some of the president’s more liberal allies, will not assuage all criticism. As one writer for the progressive blog FireDogLake pointed out, future administrations may interpret the law differently, applying a wholly new standard of who should or should not be held in military custody.

“President Obama’s action today is a blight on his legacy because he will forever be known as the president who signed indefinite detention without charge or trial into law,” Anthony D. Romero, executive director of the American Civil Liberties Union, explained in a media advisory. “The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by this and future presidents to militarily detain people captured far from any battlefield. The ACLU will fight worldwide detention authority wherever we can, be it in court, in Congress, or internationally.”

“We are incredibly disappointed that President Obama signed this new law even though his administration had already claimed overly broad detention authority in court,” he added. “Any hope that the Obama administration would roll back the constitutional excesses of George Bush in the war on terror was extinguished today.”

http://www.rawstory.com/rs/2011/12/31/obama-pledges-to-exempt-americans-from-ind...

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154 comments // Obama pledges to exempt Americans from indefinite detention law

  • AmericanStandard
  • IKare1
    • 0
      IKare1  
    • I've heard a couple legal analysts say U.S. citizens are exempt. Maybe Keith will clarify for us. I want to hear from someone who's read and understands it before I judge.

    • 5 months ago
  • AmericanStandard
  • GENERALNATTY
    • +1
      GENERALNATTY  
    • ""You folks think this Guy deserves another 4 Years???"

      ^^^
      Seems like it doesn't matter who you pick, you're screwed.

      ill re-iterate my opposition to the u.s two party system, the people should be able to throw both parties out and put in new ones.

      A two party system is flawed, primarily because it allows for certain interests to monopolize power behind a veil of democracy, it also limits a nation to just two political views which is simply not adequate nor in anyway accurate in representing the changing feelings of the people it also creates a situation that people vote what they "traditionally" vote rather than vote based on choices. I think once you are made to feel like you only have one choice, the people have lost their democratic rights and when you can predict how districts are gonna vote based on their history most of the time than you're in a position to manipulate the system.

      Certainly poor republicans don't care if a rich man pays a little more taxes but they are made to feel like they have to tow the party line because of the other things they are for and what they made to perceive democrats are against.

      Liberals in general aren't against freedom of religion as long as it does not interfere with their lives, but are made to perceive that republicans wanna make everyone adhere to a certain brand of fundamentalism rather than simply keep the traditional beliefs they are already accustomed too.

      But one thing ive really noticed is that both sides agree on alot of issues but when the issue is brought up by a representative of the other side they disagree with that person, its literally becoming a situation that people are so ideologically divided that you will argue with each other about stuff you agree on just because your rooting for you team, its like progressives and conservatives are more like football teams that political opponents this is because the media and the government and the establishment have had you hoodwinked. I could never understand why there was so much left out of american news before the age of the internet, so much pertinent information the people weren't privy too now i think i understand.

      Machiavelli spoke of divide and rule, in this context the establishment is capitalizing and amplifying existing divisions to blind each side and have fighting against each other so much that you hardly have time to acknowledge the control being slowly seized from your grasp.

      If your an hardcore conservative with a open mind you have accept that rachel maddow and keith olbermann might make a very good point that you should listen too from time to time and if your a hardcore liberal you have to concede that once in a blue moon ann coulter or glenn beck may actually say something worth acknowledging.

      If your country is to be whole again you must find common ground with each other to really effect change from a grassroots level, you need to understand that the chasm between each side is not nearly as vast and wide as you think. As long as your so horribly divided the establishment will continue to gain power. The top 20 percent owns 85 percent of the wealth in america, but take into context that america represents 20 percent of the worlds wealth, you'll see the only way to remove that kind of power is by force, the force of the people the manifestation of that force depends on how much it needs to be applied for those in power to yield.

      I said before that the occupy movement was a indication of things to come, but for it too be thoroughly successful, you must not be fighting against each other to make it happen. The occupy movement cannot be without leadership, the revolution cannot be without violence. Taking care of the people is cannot be regarded as socialism and people must be given the means by which to earn their way into society and stopped from stealing from the system, education cannot be a commodity and wars need not be fought unnecessarily.

      Come together as patriots, or lose your country while you waste time bickering amongst each other the choice is yours.

    • 5 months ago
  • jesus_is_a_liberal
  • jesus_is_a_liberal
    • +1
      jesus_is_a_liberal  
    • "I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).

      That is what we who served swore. To protect what? The Constitution of the United States against all enemies, foreign and domestic. ALL enemies foreign and "domestic". Question: Do you know who your enemies are? They are those who would attack dismantle and pervert the Constitution of the United States!

      Jesus out!

    • 5 months ago
  • jesus_is_a_liberal
    • +2
      jesus_is_a_liberal  
    • "When the people fear their government, there is tyranny; when the government fears the people, there is liberty " Thomas Jefferson

      Today liberty died in America. Welcome to tyranny.

      This is the day AMERICA DIED!!!

    • 5 months ago
  • KB723
  • jesus_is_a_liberal
  • KB723
  • circlesquared
  • KB723
  • nikonwilly
    • +2
      nikonwilly  
    • We are losing the battle before it has begun. Their pepper spray and rubber bullets got too much attention so now they can simply take us away , lock us up in the pre-planned detention camps. I fear by the end of this coming Summer we will be under martial law and curfew. They know we are fed up and are making the necessary laws to crush any and all protest. The one comforting thought....we 'll be with like minded folks at the camps!

    • 5 months ago
  • KB723
  • bourneverde
    • -6
      bourneverde  
    • So..... let me see if I got this right... All you "Liberal Progressives" with your boundless authority on all things related to politics and government... you colossal mega geniuses with all your perfect and infallible intellect, you are all saying that the President is a Fascist, communist, socialist, dictator tyrant. He's stupid and ignorant, he knows nothing about the constitution and he hates America... everything he ever does is wrong and He's only content when he's robbing the country blind... ohhh yeah.... he's also a closet Republican...
      also Our whole government sucks everyone in it is evil and Americans are a bunch of warmongering thieves... am I getting it so far? oh yeah... we should vote for a Republican because they will run the country better than this totally inept moron we have now... am I still following you right? you're saying that only Ron Paul or anyone other than the black guy can save us from certain doom...

      wow!!! that's pretty glib... we certainly must live in the worst country in the world... this is all very horrifying... but fear not... I think I can help all of you... what you need to do is kill yourselves... wait... I know that sounds rash, but indulge me... you hate our country and our president and you're certain that the there is nothing but doom in our future... so if you think about it, it only makes sense... maybe you can coordinate it on this site... you can all set a day and time and shoot yourselves in the face together... I'd hate for you to have to continue to suffer so....

      Progressives.... whatever... bunch of disillusioned, malcontent defeatists... none of you belong on Current... you're not exchanging insightful intellectual discourse.... you're inciting an Anti-government neo-con militia style mentality... you all sound like you'd be more suited watching Fixed Noise and worshiping Limbaugh, O'Reilly, Haninty and Beck. I'm so utterly disappointed in some of you.... I've followed you from the first time I came here and now you've fallen to this... you've really let me down...

      It's never bummed me out so much to read a strand and then have to leave a post like this... I'm ashamed for those of you who won't have the sense to be ashamed for yourselves...

    • 5 months ago
  • dinm76
  • KB723
    • +1
      KB723  
    • bourneverde:

      It's never bummed me out so much to read a strand and then have to leave a post like this... I'm ashamed for those of you who won't have the sense to be ashamed for yourselves...

      Wow, just Wow!!! A Guy would think that with all the complaining, that perhaps you had something of interest to contribute. BTW O'Donnell is not on Fox, Best Wishes bourneverde.... =)

    • 5 months ago
  • jesus_is_a_liberal
  • bourneverde
  • hombre76
  • AmericanStandard
  • Andover
    • -1
      Andover  
    • Someone please explain to me why this is a bad thing?

      If I'm a terrorist than fuck yes it is, but if not than why should I be worried?

      Or am I missing something terribly troubling here?

    • 5 months ago
  • AmericanStandard
    • +3
      AmericanStandard  
    • Andover:

      Te definition of terrorist in this country is becoming increasingly broad. Protesting is considered low level terrorism. Also Obama ran against indefinite detention for enemy combatants now he is authorizing it for U.S. Ctizens.

    • 5 months ago
  • Itsbatman_Durr
    • +2
      Itsbatman_Durr  
    • Andover:

      under current definitions, a terrorist is anyone who stockpiles over a weeks worth of food, or is missing a body part, or possesses more than one weapon or has said anything 'belligerent' about the US or its allies. so you decide how serious this is.

    • 5 months ago
  • nikonwilly
  • jesus_is_a_liberal
  • cmc101
  • hombre76
    • -1
      hombre76  
    • Andover:

      yep your missing something....and even explaining it to you would make no differance because what your missing is the piece of your brain that lets you know you have been took.

    • 5 months ago
  • KB723
  • Paratus
    • +3
      Paratus  
    • And we believe him? This guy is a liar of dimensions that well exceed Bill Clinton. Un-Constitutional signing statements, signing statements that he said he would not use. This is such an important part of the issue that he should have vetoed the bill as he said!
      Many here question why I would not support Obummer in November, this is one of many reasons and frankly, I need no other.

    • 5 months ago
  • KB723
  • Itsbatman_Durr
    • +3
      Itsbatman_Durr  
    • Paratus:

      sadly, there is only one party in the alleged two party system, and it isnt the party of the people. whoever you vote for in this corrupt system is a loss for us. better to join us in the overthrow.

    • 5 months ago
  • hombre76
    • 0
      hombre76  
    • Paratus:

      you and I do not agree on much Patraus god fucking knows. But I will stand with you and any others who will fight this tyrany and make this a nation of laws flowing from the constitution once more. once that is done we can go right back to arguing about how to make this a more perfect nation, after we shed blood together we will probably find we have much less to disagree about anyway.

    • 5 months ago
  • tverdell
  • KB723
  • ecoalex
    • +9
      ecoalex  
    • Typical Obama,say I won't ,then he does.He know better,he was a Constitutional law professor.

      Another reason to Occupy Washington.

    • 5 months ago
  • KB723
  • alexandrek
  • KB723
  • alexandrek
  • KB723
  • jesus_is_a_liberal
  • jesus_is_a_liberal
  • Anonmaly
    • +3
      Anonmaly  
    • His "pledge" doesn't mean shit, what about the next Nazi to come along, look Obama was kind enough to lay the groundwork down for you!!!!

    • 5 months ago
  • KB723
  • Itsbatman_Durr
    • +9
      Itsbatman_Durr  
    • the 'pledge' means nothing. the law does. its easy to say 'hey i wont apply this to americans' when the fact is the bill he signed into law applies this to americans. fuck obama and his lies and any idiots who believe them. he and every other member of the one party system is insignificant anyway, as we will destroy the system and create a new one. occupy everything!

    • 5 months ago
  • KB723
  • Anonmaly
    • +2
      Anonmaly  
    • Itsbatman_Durr:

      I'll happily support the "decolonize" movement as far as it goes, but many Native American groups have ever so politely requested we change the "occupy" terminology to something less offensive....

      I personally like the "decolonize" terminology, especially seeing how we're most all living on "occupied" Native American Indian lands.....

      Can stand a damn European American globalist anyway...

    • 5 months ago
  • KB723
  • Itsbatman_Durr
    • +3
      Itsbatman_Durr  
    • Anonmaly:

      honestly, i have spoken with many native groups about this. in the first weeks of occupy i was an intermediary between ows and the Cherokee nation reps. i get their point, but occupy is chosen for reasons just like that: we are planning to occupy, to take over. just because centuries ago someone else lived somewhere doesnt give them ownership of the word, the process, or the pain behind it. jews occupy Palestinian lnd, we occupy native land, europeans occupy blah blah it happened forver ago but guess what it still happens. this land was no more theirs then it is ours.. it is humanities. the way they were treated is abysmal. the way people still act to others is abysmal. we occupy the corporate machines lands, we occupy the mindset of humankind to teach them that we are all in this together, not separated by poor historical treatment or the evil our 'masters' do

    • 5 months ago
  • hombre76
    • +5
      hombre76  
    • this administration, this congress, our legal system all the way to the SCOUS, is now illegitmate under the constitution. I for one will now conduct myself as though I am living under an occupation by tyranical dictatorship and will act accordingly to remove from office all those responcible for this travisty and remove forever from or lands this and all other laws that seek to remove the unalianable rights given us by our creator and enumerated in the Declaration of Independance and crystalized in our Constitution and Bill of Rights. this will not stand or this nation shall fall.

      This great nation shall stand forever All the combined might of all the amies of the world could not breach her walls. NO, If this nation is to fall it will be at its own hands.
      Abraham Lincoln

    • 5 months ago
  • KB723
  • Itsbatman_Durr
  • jesus_is_a_liberal
  • Joeydee44
    • +2
      Joeydee44  
    • "The president’s opponents in Congress, including some Democrats, attached the indefinite detention provision to force the administration to either accept a much heavier load of terrorism suspects, many who would be heading to the Guantanamo Bay military prison, or veto the bill and stand accused of opposing funds for the troops."

      A Catch-22 conveniently overlooked by Obama-haters everywhere.

    • 5 months ago
  • KB723
  • Joeydee44
  • KB723
  • Itsbatman_Durr
  • Itsbatman_Durr
  • KB723
  • Itsbatman_Durr
  • Progresshiv
  • KB723
  • Progresshiv
  • KB723
  • ahonnet
  • rerushg
    • +2
      rerushg  
    • It's all very liberating, don't you think? I mean, Obama doesn't have to go around anymore acting like he represents human rights and we don't have to keep saying, "Well, yeah, but...... he's better than the OTHER guys." That's all over now. It's a new day. Progressives need not be a problem for him and he need not be a problem for us.
      What's liberating here is that we can accept that we are not represented in this government and, therefore, are not obliged to participate in the conventional way. "Our" president is no more respectful of us than "their" guys so we might as well go free-lance.
      Do I recall some folks complaining about Cenk being too harsh on Obama?

    • 5 months ago
  • KB723
  • Itsbatman_Durr
  • EmperorThan
    • +5
      EmperorThan  
    • "First they came for the communists, and I didn't speak out because I wasn't a communist. Then they came for the trade unionists, and I didn't speak out because I wasn't a trade unionist. Then they came for the Jews, and I didn't speak out because I wasn't a Jew. Then they came for me ..."

      Only a tyrant would demand indefinite detention for someone without a trial, period. Our justice system is (or was) based on fair trials for all. Even if Americans are exempt for indefinite detention doesn't mean we should support indefinite detention of 'non Americans'. Anyone who would should really take a good look at themselves in a mirror. If the law is passed without American detention in the bill then that law won't be far behind. Trust me.

      DON'T LET FEAR DRIVE US TO GIVE UP EVERYTHING OUR COUNTRY WAS FOUNDED UPON!

    • 5 months ago
  • KB723
  • wolfess
    • +4
      wolfess  
    • EmperorThan:

      What happened to the country that lived the words on the Statue of Liberty: "Give me your tired, your poor, your huddled masses yearning to breathe free. The wretched refuse of you teaming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door!" How can we indefinitely detain ANYONE who is here just to try for a better life? We have laws and courts to try those who would break our laws ... it seems to me that this Act that Obama just signed BREAKS laws that have already been enacted -- I think the Congress that voted for and passed this act and the president who signed it should be tried for breaking current laws!

      It's OUR country, Only With Sincerity TAKE. IT. BACK!

    • 5 months ago
  • KB723
  • irie_ojo
    • +6
      irie_ojo  
    • glad to be living abroad..... america is fucked thanks to the fear which has engulfed our nation. fear of terrorist... americans need to wake the fuck up and realize that america is one of the largest terrorist nations. we pillage any nation we want. for what? for resources. our country is guilty of war crimes throughout the world. its is bullshit that we destroy nations to take so-called dictators out of power, when our own presidents are guilty of the same shit. instead we praise our presidents and surrender our rights. it wont be long until the fema camps are put into use. people need to stand up and take the power back. the only fear they should have is fear of their government.

    • 5 months ago
  • KB723
  • MotherForTruth
  • circlesquared
  • KB723
  • circlesquared
  • KB723
  • circlesquared
    • +4
      circlesquared  
    • KB723:

      this article about housing...if the homes were filled with millions of people that couldn't afford our current way of living wouldn't masses be forced to find a better, more convenient, less controlled way of existing? They are pushing us the direction we need to head whether they want to or not...it's up to us to decide how we really want to live and be.

    • 5 months ago
  • KB723
  • attilatheblond
  • KB723
  • wolfess
  • attilatheblond
    • +1
      attilatheblond  
    • wolfess:

      Holidays fine. Quiet for me in my old age. Good to be back, missed you and many others, but wasn't fit company for man nor beasts for a spell and couldn't even write.

      Rolling up sleeves for a very busy year. Lots or rabble to be roused! ;^)

    • 5 months ago
  • wolfess
    • +1
      wolfess  
    • attilatheblond:

      Yeppers, rousing rabble is a right honorable pastime :-)! Glad you're back, and don't be afraid to reach out to us anytime you have a 'wild hair' :-)!

      It's OUR government, Only With Sincerity TAKE. IT. BACK!

    • 5 months ago
  • Anonmaly
    • 0
      Anonmaly  
    • You really didn't need me to answer that question....

      I'm kinda left scratching my head; "Obama: Indefinitely Detaining Americans Is Wrong... But Executing Americans Without Trial is A-OK"?

      Well it's crystal clear we're not making it to a utopia anytime soon, but I tend to think another candidate will get us there sooner...

    • 5 months ago
  • KB723
  • Scott_Pert
  • cmc101
  • MotherForTruth
  • KB723
  • MotherForTruth
  • KB723
  • circlesquared
  • KB723
  • circlesquared
  • KB723
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