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With regard to Obama's NDAA position, his White House November 17 Statement of Administration Policy said:
"The Administration supports Senate passage of (NDAA) for Fiscal Year (FY) 2012.""Section 1031 attempts to expressly codify the detention authority that exists under the Authorization for Use of Military Force (Public Law 107-40) (the "AUMF"). The authorities granted by the AUMF, including the detention authority, are essential to our ability to protect the American people from the threat posed by al-Qaida and its associated forces...."
"Because the authorities codified in this section already exist, the Administration does not believe codification is necessary and poses some risk....While the current language minimizes many of those risks, future legislative action must ensure (against) unintended consequences that could compromise our ability to protect the American people."
Senate bill S. 1867, Section 1031, affirms the "authority of the armed forces of the United States to detain covered persons," including US citizens.
Section 1032 requires suspects held in military custody, outside constitutionally mandated civil protections, without habeas rights, due process, and other judicial procedures.
Obama may object to legislative language, not its intent. As a result perhaps, wiggle room wording changes may assuage his concerns, while leaving sweeping indefinite military detention authorization unchanged.
In other words, presidents henceforth may order anyone indefinitely detained in military prisons uncharged, including US citizens.
A Final Comment
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