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As I explained here, Obama’s signing statement on the defense authorization was about what I expected. He included squishy language so as to pretend he doesn’t fully support indefinite detention. And he basically promised to ignore much of the language on presumptive military detention. But there was one part of the signing statement I (naively) […]
[Okay, for the most sacred honor and ritual, yes the meet and greet of Halas’ Bears and Lambeau’s Packers on the hallowed Tundra, I have cavalierly re-upped Trash Talk to the top of the totem pole pecking order until the conclusion of the sacred event] Hey there Wheelies and Wheelettes, it’s Christmas Eve Day!! And […]
The Administration has, as expected, buried its signing statement for the Defense Authorization in a holiday Friday document dump. Correction: As DDay corrects me, this is not yet the NDAA signing statement, which is still coming. I’m actually fascinated by the way they’ve suggested that they consider some of the detainee provisions to violate separation […]
It’s been amusing to see how Obama apologists have taken Lawfare’s very helpful explainer on the NDAA’s detainee provisions to pretend that their president isn’t signing a bill that he believes authorizes the indefinite detention of American citizens. Take this example from Karoli. Here’s how she claims that Lawfare proves that the bill doesn’t authorize […]
As we stand on the doorstep of President Obama signing into law the new NDAA and its dreaded controversial provisions, there are two new articles out of interest this morning. The first is an incredibly useful, and pretty thorough, synopsis at Lawfare of the new NDAA entitled “NDAA FAQ: A Guide for the Perplexed”. It […]
Ken Gude, writing for the Democratic Party’s house think tank, offers a thoroughly disgusting defense of Obama signing the Defense Authorization and its detainee provisions. In his first paragraph, he asserts that the detainee provisions don’t establish indefinite military detention. Let me put this simply: The detainee provisions in the bill do not establish indefinite […]
I have already said I think Obama needs to veto the Defense Authorization because of the detainee provisions. And I have argued that the Administration needs to lay the groundwork for doing so right now, preferably by fear-mongering about how much less safe presumptive military detention would make us. Obama claims he’s still going to […]
In the entire two week debate over the detainee provisions of the Defense Authorization, the champions of military detention offered almost no rationale for it (a pity, then, that the opponents barely explained why it’s such a bad idea), aside from Lindsey Graham repeating endlessly that detainees shouldn’t get lawyers (he never explained how this […]
As I’ve said before, I think Carl Levin’s assurances that habeas corpus will prevent the Executive from holding people without cause under his new detainee provisions (and, frankly, under the status quo) is dangerously naive, because it ignores how badly the DC Circuit has gutted habeas. That said, maybe this colloquy between Lindsey Graham and […]
As I have puzzled over the civil liberties and human rights communities’ stance on the NDAA Detainee Provisions, I’ve come to the unfortunate conclusion that Michelle Bachmann was not far off when she claimed, “Barack Obama … has essentially handed over our interrogation of terrorists to the ACLU. He has outsourced it to them.” After […]
