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View Diary: President Obama signs Defense Authorization Bill and issues signing statement (312 comments)

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  •  That only applies to the REQUIREMENT and (1+ / 0-)
    Recommended by:
    pot

    not the authorization.  There are two parts to that bill, one requiring indefinite military detention and one authorizing detention.

    There is no saving throw against stupid.

    by Throw The Bums Out on Sun Jan 01, 2012 at 12:13:21 AM PST

    [ Parent ]

    •  Not accurate either (4+ / 0-)
      Section 1021(e)

      AUTHORITIES.—Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.

      What this says is that the NDAA cannot not be read to express views on detention one way or the other, but rather the matter if litigated should be decided under the original 2001 AUMF just as it would have been absent the NDAA.

      Hamdi v. Rumsfeld, has already established habeas corpus and a right to challenge detention before an impartial judge.

      cheers,

      Mitch Gore

      Want to end too big to fail banks? Then move your money and they will no longer be too big.

      by Lestatdelc on Sun Jan 01, 2012 at 04:48:03 AM PST

      [ Parent ]

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