Promises, Promises: President Obama’s NDAA Signing Statement

This time last year, President Obama responded to the 2011 National Defense Authorization Act with a signing statement. Objecting to the law's restrictions on the transfer of Guantanamo detainees to the U.S. for trial or to their home countries, the president promised: "My Administration will work with the Congress to seek repeal of these restrictions, will seek to mitigate their effects, and will oppose any attempt to extend or expand them in the future." (My emphasis).

This past New Year's eve, President Obama signed the 2012 National Defense Authorization Act, or NDAA. In doing so, he extended the Guantanamo transfer restrictions, while also codifying the indefinite detention without trial of suspected terrorists. In the statement he issued with that signature, he said:

"I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists."

The pledge to seek repeal and oppose expansion of transfer restrictions had melted into a watery "reservation."

The president's Saturday statement also makes a new promise.

"I want to clarify that my 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." Although the Obama Administration has consistently claimed the power to kill U.S. citizens without charge or trial in the war on terror, as it did to the radical cleric Anwar al-Awlaki in Yemen, the president now promises not to imprison them.

Of course, a future president still might

There's more...

Promises, Promises: President Obama’s NDAA Signing Statement

This time last year, President Obama responded to the 2011 National Defense Authorization Act with a signing statement. Objecting to the law's restrictions on the transfer of Guantanamo detainees to the U.S. for trial or to their home countries, the president promised: "My Administration will work with the Congress to seek repeal of these restrictions, will seek to mitigate their effects, and will oppose any attempt to extend or expand them in the future." (My emphasis).

This past New Year's eve, President Obama signed the 2012 National Defense Authorization Act, or NDAA. In doing so, he extended the Guantanamo transfer restrictions, while also codifying the indefinite detention without trial of suspected terrorists. In the statement he issued with that signature, he said:

"I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists."

The pledge to seek repeal and oppose expansion of transfer restrictions had melted into a watery "reservation."

The president's Saturday statement also makes a new promise.

"I want to clarify that my 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." Although the Obama Administration has consistently claimed the power to kill U.S. citizens without charge or trial in the war on terror, as it did to the radical cleric Anwar al-Awlaki in Yemen, the president now promises not to imprison them.

Of course, a future president still might

There's more...

Promises, Promises: President Obama’s NDAA Signing Statement

This time last year, President Obama responded to the 2011 National Defense Authorization Act with a signing statement. Objecting to the law's restrictions on the transfer of Guantanamo detainees to the U.S. for trial or to their home countries, the president promised: "My Administration will work with the Congress to seek repeal of these restrictions, will seek to mitigate their effects, and will oppose any attempt to extend or expand them in the future." (My emphasis).

This past New Year's eve, President Obama signed the 2012 National Defense Authorization Act, or NDAA. In doing so, he extended the Guantanamo transfer restrictions, while also codifying the indefinite detention without trial of suspected terrorists. In the statement he issued with that signature, he said:

"I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists."

The pledge to seek repeal and oppose expansion of transfer restrictions had melted into a watery "reservation."

The president's Saturday statement also makes a new promise.

"I want to clarify that my 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." Although the Obama Administration has consistently claimed the power to kill U.S. citizens without charge or trial in the war on terror, as it did to the radical cleric Anwar al-Awlaki in Yemen, the president now promises not to imprison them.

Of course, a future president still might

There's more...

Some Thoughts on al Nashiri and Military Commissions While Waiting for the Grown-Ups to Take Over‬

The Department of Defense announced today that military commissions prosecutors have sworn charges against Abd al Rahim Hussayn Muhammad al Nashiri of Saudi Arabia. They will seek the death penalty for his alleged role in the USS Cole attack of 2000 and an attack on the French civilian oil tanker MV Limburg in the Gulf of Aden in 2002.‬‪ ‬‪

These charges provide a perfect teachable moment about what's wrong with military commissions and why prosecution of al Nashiri is better left to the regular, federal criminal courts.‬‪ ‬‪

What the government says here is that al Nashiri is a war criminal for attacking the Cole. But if the Cole attack was in a war, then it's not a war crime because under the laws of war, the USS Cole is a legitimate military objective, as are the sailors on the vessel.

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WikiLeaks, then Congress, Reveal Reluctance to Account for Guantanamo and Torture

The pander-to-fear-du-jour for members of congress is a >provision that would prevent the transfer of Guantanamo detainees to the US for any purpose, including for prosecution. Passage of this ill-founded measure could effectively put the nail in the coffin of efforts to end the failed Guantanamo experiment, perpetuating its legacy of arbitrary detention and detainee abuse. It would also leave little alternative but to either release people who should not be released, or detain them indefinitely without charge or trial, or try them in the universally discredited kangaroo courts known as military commissions, which have conclusively demonstrated their inability to try their own way out of a paper bag.

Human Rights First has correctly labeled this initiative as "tantamount to obstruction of justice."

There's more...

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