Jan 1, 2012

President Obama Signs Indefinite Detention Into Law

By Amanda Simon / aclu.org

President Obama signed the National Defense Authorization Act (NDAA) today, allowing indefinite detention to be codified into law. As you know, the White House had threatened to veto an earlier version of the NDAA but reversed course shortly before Congress voted on the final bill. While President Obama issued a signing statement saying he had “serious reservations” about the provisions, the statement only applies to how his administration would use it and would not affect how the law is interpreted by subsequent administrations.

The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by this and future presidents to militarily detain people captured far from any battlefield. 

Under the Bush administration, similar claims of worldwide detention authority were used to hold even a U.S. citizen detained on U.S. soil in military custody, and many in Congress now assert that the NDAA should be used in the same way again.  The ACLU believes that any military detention of American citizens or others within the United States is unconstitutional and illegal, including under the NDAA.  In addition, the breadth of the NDAA’s detention authority violates international law because it is not limited to people captured in the context of an actual armed conflict as required by the laws of war.     

We are extremely disappointed that President Obama signed this bill even though his administration is already claiming overly-broad detention authority in court. Any hope that the Obama administration would roll back those claims dimmed today.  Thankfully we have three branches of government, and the final word on the scope of detention authority belongs to the Supreme Court, which has yet to rule on the scope of detention authority. But Congress and the president also have a role to play in cleaning up the mess they have created because no American citizen or anyone else should live in fear of this or any future president misusing the NDAA’s detention authority.

The ACLU will fight worldwide detention authority wherever we can, be it in court, in Congress, or internationally.

Learn more about indefinite detention: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook.

Rate article 
Police & Prisons
Trending Articles
Epic Documentaries
How Conspiracy-Based Activism Leads Us Astray, Making Us Ineffective Agents for Change
Solidarity Theory
Subscribe for $5/mo to Watch over 50 Patron-Exclusive Films

Become a Patron. Support Films For Action.

For $5 a month, you'll gain access to over 50 patron-exclusive documentaries while keeping us ad-free and financially independent. We need 350 more Patrons to grow our team in 2024.

Subscribe here

Your support helps grow our 6000+ video library, which is 99% free thanks to our patrons!