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View Diary: National Defense Authorization Act – Section 1031, (c) Authorities (10 comments)

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  •  This final version does indeed give the President (1+ / 0-)
    Recommended by:
    OleHippieChick

    ...what he wanted.  To the WH this was never about civil liberties; it was about presidential discretion, in this case the discretion not to put someone in military detention.  The final version doesn't create any obligation or presumption that even the most prima facie AQ detainee should be taken out of the civilian system and sent to the brig, so in that regard it's a complete victory for the WH.  To us it's not much of a victory, but we were thinking in very different terms.

    But nobody's buying flowers from the flower lady.

    by Rich in PA on Thu Dec 15, 2011 at 11:44:59 AM PST

    •  Note that if in the civil system, (1+ / 0-)
      Recommended by:
      OleHippieChick

      the unlimited detention ends, under section (c).

      Thus, the President can, by granting a waiver, end the unlimited detention by taking a person out of "prisoner of war" status.

      Because the "law of war" provisions don't apply to U.S. citizens or permanent residents, and the provision only apply to 9/11 planners (possibly a moot point by now) and al Qaeda and Taliban members or supporters, there is actually quite a bit of civil liberties protection in this.

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