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Jewish World Review
Jan 30, 2012/ 6 Shevat, 5772
National Defense Authorization Act indefensible
By
Dale McFeatters
http://www.JewishWorldReview.com |
Whether through legislative absent-mindedness or an alarming ignorance of the Constitution, Congress approved a chilling provision in the National Defense Authorization Act, the law that gives the Pentagon the go-ahead to spend the money allocated to it.
President Barack Obama signed the measure into law Dec. 31.
The provision is aimed at clarifying the circumstances under which the United States can detain suspected terrorists, presumably all foreigners. The bill targets detainees who were "part of or substantially supported al-Qaida, the Taliban or associated forces."
That's pretty spongy language, because it assumes a certain level of organization that, at least with the Taliban, may not exist. And who knows what "associated forces" are?
But the glaring fault in the provision is that it does not exempt American citizens from indefinite imprisonment without charge, trial or even a hearing -- an obvious violation of the Fifth and Sixth amendments of the Constitution. The Founding Fathers were unmistakably clear on those points.
A Senate amendment specifying an exemption for Americans was defeated 45-55, with most of the no votes coming from Republicans who can't invoke the Constitution enough when trying to justify some sketchy interpretation of states' rights.
According to Washington's The Hill newspaper, a bipartisan coalition of lawmakers -- spanning the spectrum from liberal Sen. Al Franken, D-Minn., to Tea Party movement supporter Rep. Jeff Landry, R-La. -- is organizing to change the detainee language. We hope it succeeds.
Some say the provision is a needless worry, because the Supreme Court would never uphold it. One hopes that the high court would not, but for a case to get there, an American would have to be imprisoned without charge or legal proceeding.
Remember how, for almost four years, the Bush Justice Department shuffled American Jose Padilla, the reputed "dirty bomber," from material-witness status in the criminal-justice system, to a Navy brig and back to a federal prison, trying to stay one step ahead of his lawyers? Padilla finally was convicted in a civilian criminal court, but on vastly reduced charges.
In a signing statement attached to the law, Obama wrote that he had "serious reservations with certain provisions that regulate the detention, interrogation and prosecution of suspected terrorists."
The president has said his administration would never use this provision against American citizens. That's not to say the next president would not.
Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
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Previously:
• 01/23/12 Barbie sparks fear among Iran's mullahs
• 01/19/12 From overseas, U.S. industry is looking good
• 01/18/12 American posterior a growing problem for mass transit
• 01/16/12 Planets and roaches
• 01/13/12 Not exactly a biblical plague, but certainly an annoyance
• 01/12/12 Fewer young Americans interested in driving
• 01/05/12 Majoring in unemployment
• 01/04/12 Cutting the military by blunt force
• 01/02/12 Pragmatic look at top words
• 12/22/11 Basketball the way to Kim's heart and nuclear weapons
• 12/21/12 Speculation and wishful thinking can get scary
• 12/20/11 A third Kim has North Korea by the throat
• 12/19/11 Congress pats itself on back for budget bill
• 12/15/11 The U.S. government is cashing in its chips, literally
• 12/14/11 TSA might try trusting its own people
• 12/12/11 That $1.2 billion? It's around here some place
• 12/09/11 State Department Creates ‘Virtual Embassy’ For Iran
• 12/08/11 If you've ever tweeted, you're in the Library of Congress
• 12/07/11 Discoveries go to the core of what makes us humans
• 12/06/11 Stealing elections badly in Russia
• 12/05/11 Sometimes paranoia is common sense by another name
• 12/02/11 When the U.S. truly became one nation
• 12/01/11 Last chance to snap up a Maybach
• 11/30/11 Iran wants respect without earning it
• 11/29/11 Surprise! ‘Spider-Man’ may weave a profitable web
• 11/28/11 Italians entertain novel proposition: Paying their taxes
• 11/25/11 No time to let up on al-Qaida
• 11/24/11 Congress Quietly Abolishing Friday
• 11/23/11 Cleaning up after supercommittee implosion
• 11/22/11 Jailing minors with adults adds to problems
• 11/21/11 Brilliant strategy? Action by inaction
• 11/18/11They're going to eat horses, aren't they?
• 11/17/11 A pretend stick shift for pretend drivers
• 11/16/11 Clinton's ‘vast experiences’: Did NBC pick the wrong Chelsea?
• 11/15/11 Occupy protesters, you've made your point. Now, scat
• 11/10/11 Our vets are a national problem?
• 11/09/11 Requiem for a once-great sport
• 11/08/11 A toilet as smart as its occupant
• 11/07/11 Prerevolutionary gems in need of TLC
• 11/04/11 Feds must stop scam of stealing from dead children
• 11/03/11 Bank listens ‘very closely’ to customer lynch mob
• 11/01/11 TV that's leading the people away from ‘core socialist values’
• 10/31/11 NATO should not be a victim of its success
• 10/28/11 Iran mulls getting rid of president and presidency
• 10/27/11 Bienvenidos a Dayton and bring your businesses with you
• 10/26/11 Archivists long for Obama's teleprompter
• 10/25/11 United Nations to run the Internet?
• 10/24/11 Attention, world: You've got the cash. We've got the houses
• 10/19/11 Oil pipeline must be in America's future
• 10/18/11 U.S. plans ‘limited’ mission in an Africa with no limits
• 10/17/11 Social Security's grave mistakes
• 10/12/11 NASA's help-wanted sign for astronauts
• 10/10/11 Saving Thomas Jefferson''s chimneys
• 10/06/11 Uncle Sam's answer to deadbeats --- robo-calls
• 10/04/11 Christie should ignore jibes on his weight
• 10/03/11 Iran says its warships will head for Jersey shore
• 09/29/11 Europeans bristle at Obama's lectures
• 09/28/11 Jessica Rabbit for the defense
• 09/27/11 Russia learns outcome of next March's presidential election
• 09/26/11 Another try at leaving no child behind
• 09/23/11 This generation needs a job more than a name
• 09/22/11 In the lane next to you: A driverless car
• 09/20/11 Cloudy, cool, chance of falling satellite
• 09/14/11 Humanitarian extortion
• 09/13/11 Paging Dr. Watson; he's there in 3 seconds
• 09/09/11 Forecasting 100 percent chance of heavy metal
• 09/08/11 A jobs program at Obama's doorstep
• 09/07/11 Iran's government afraid of the water
• 09/06/11 Congress returns, tanned, rested and testy
• 09/05/11 Space nations must clean up after themselves
• 09/02/11 Osama bin Laden died a failure and he knew it
• 09/01/11 Time to retire political pie in the face
• 08/31/11 Labor Day celebrates what, exactly?
• 08/30/11 These arrestees really are framed
• 08/25/11 When in an earthquake, block traffic
• 08/23/11 A case for discretion in deportation arrests
• 08/22/11 Tough times or not, parents shell out for school
• 08/18/11 Being unpleasant for fun, profit, promotion
• 08/17/11 Time to prepare for the end game in Libya
• 08/16/11: ‘Super Committee’ starts facing reality
• 08/15/11: World's fastest plane disappears even faster
• 08/12/11: British cops track rioters through security cameras
• 08/11/11: Relax. There is no Death Star
• 08/10/11: House pages run final errands
• 08/09/11: U.S. treading water on job creation
• 08/08/11: Uncle Sam, the world's permanent guest
• 08/05/11: Most 9/11 victims not on federal death records
• 08/04/11: Russian PM calls U.S. a ‘parasite.’ He should be so lucky
• 08/03/11: Congress goes from one bind to another
• 08/02/11: D.B. Cooper may no longer be a mystery
• 08/01/11: Libya's latest weapon against NATO --- lawsuits
• 07/29/11: He'll always be known as Hot Wheels Handler
• 07/25/11: Recruiting children to save a dying town
• 07/22/11: Bachmann's admirable medical candor
• 07/12/11: Social Security's grave mistakes
• 07/08/11: Debt crisis need not be constitutional crisis
• 07/07/11: Startups entice new talent with kickball, treehouses
• 07/05/11: Stranded tourists get rare treat
• 06/30/11: The dollar Americans refuse to spend
• 06/27/11: The hangman doesn't cometh
© 2011, SCRIPPS HOWARD NEWS SERVICE
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