NDAA’s indefinite detention without trial returns

Wed, 19 Dec 2012 23:16:00 +0000

On Tuesday, Congress dropped an amendment from the National Defense Authorization Act for 2013 that was designed to protect American citizens from indefinite detention by the military without trial or charge.

The stripped amendment, authored by Sen. Diane Feinstein, D-Calif., had been added to the defense spending bill two weeks ago. Human rights advocates viewed it as a check on the government's current authority to indefinitely detain--without habeas corpus or due process--American citizens who commit a "belligerent act" against the United States until the period of hostilities ends.

When President Obama signed the 2012 NDAA into law on December 31, 2011, he condemned the powers given to him under the controversial section 1021:

[M]y Administration will not authorize the indefinite military detention without trial of American citizens. 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.

Salon.com > Senator Diane Feinstein

NDAA’s indefinite detention without trial returns