US Senate Armed Services Committee Chairman Levin and Ranking Republican McCain
want indefinite military detention of American citizens. (Jason Reed/Reuters)
On Tuesday, a bipartisan group in the Senate Armed Services Committee
agreed on language for the defense authorization bill that "would mandate the automatic, indefinite military detention of noncitizens apprehended in the United States who are suspected members of Al Qaeda or associated groups." Not just that, but:
The wording, which is part of a must-pass bill to fund the military, also appears to allow the indefinite military detention of citizens and legal permanent residents. The bill would also extend restrictions on transfers of detainees from Guantánamo Bay, though only for one year.
Obama administration officials fear that the mandatory detention provisions could force the FBI to interrupt ongoing investigations in order to hand suspected terrorists over to the military. They also worry that the new rules could interfere with the prosecution of suspected terrorists in federal courts.
Just to reiterate that: It would allow the indefinite detention of American citizens. That's not the primary problem for the administration, since it's fine with going as far as executing American citizens without trial, disruption in intelligence collection is the problem. Nonetheless, the administration's strong opposition to this provision in teh bill is welcome, and it was just ratcheted up with a veto threat.
The Obama administration released a statement of administration policy Thursday afternoon that threatens to veto the upcoming defense spending bill if it retains provisions further militarizing domestic counterterrorism operations. [...]
The administration's statement harshly criticizes the bipartisan Senate compromise hammered out by the Senate Armed Services Committee, noting that rather than take out provisions that critics warned would impede the ability of law enforcement agencies to investigate and apprehend terrorism suspects, the committee's revised language merely "directs the President to develop procedures to ensure the myriad problems that would result...do not come to fruition." [...]
The section on detention provisions concludes with the statement that "any bill that challenges or constrains the President's critical authorities to collect intelligence, incapacitate dangerous terrorists, and protect the Nation would prompt the President's senior advisers to recommend a veto."
This fight has been brewing for weeks, with Senate Majority Leader Harry Reid threatening to block the bill last month if the provisions on indefinite military detention were included in the bill. It's a showdown leadership and the White House are still trying to avert, hence this veto threat. Stay tuned.