Indefinite Detention: 3 Conservative Voices of Reason

The House and Senate are locked in conference this week to thrash out the National Defense Authorization Act (NDAA) 2012. It’s a curious sign of the times that there are many conservative voices crying foul over the bill as well as progressive ones. Three in particular are worth noting.

Senator Rand Paul, cast one of the bravest votes last week against a bipartisan group that voted for the NDAA, one of the worst bills to cross the floor this year. It threatens to detain suspects indefinitely, undercuts the rights of US citizens, and sideline our best tools in countering terrorism in one fell swoop.

I don’t doubt the sincerity or passion of those on the opposing side, only their wisdom and their open ended faith in government. Those who place their blind faith and trust in government, and trust that authority will keep itself in check, are liable to find their liberties are eroded as surely as termites eat away an old wooden house.


Welcome to the War

Update 12/15: The U.S. House of Representatives passes the NDAA.

US soldier marine

© Bay Ismoyo/AFP/Getty Images

The passage of the National Defense Authorization Act (NDAA) through the Senate last Thursday saw the culmination of a ten-year crusade by Senator Lindsay Graham (R-SC) to make the law of war apply on US soil.

In many ways Senator Graham is simply following the logic of the Global War on Terror frame to its inevitable conclusion: If we are at war with Al Qaeda all around the world then there is no good reason why US soil should be excluded.

Senator Graham’s avowed objective is to allow for the military detention of suspected Al Qaeda, Taliban or otherwise affiliated terrorists captured on US soil, but of course detention is not the only arrow in the military quiver.


Senate's Disastrous New Detention Bill

Update 12/2/11: The Senate passed NDAA.  President Obama must veto this disastrous bill.

The new National Defense Authorization Bill (S1867) presented to the Senate by the Armed Services Committee is such a disaster for civil liberties and human rights it is difficult to know where to begin.

Section 1031 of the Bill extends the Congressional Authorization for the Use of Military Force (AUMF) passed after the September 11th attacks to encompass any individual who has “substantially supported” Al Qaeda, the Taliban, or “associated forces”.

This is extraordinarily vague.  The phrase ‘associated forces’ is so flexible that it can be used to encompass almost any militant Islamic group in existence from Indonesia to Nigeria. It might include political parties who share some of the militants’ aims but not their methods – like the Hizb ut Tahrir movement active in Western Europe and Australia.


Internment in the US? Not on Our Watch


A few weeks ago the National Defense Authorization Act (NDAA) was condemned by Senator Reid as so draconian that he could not bring it to the floor. Now it’s back and with an authoritarian vengeance.

The bill has the necessary but perpetually complex objective of outlining the budget and expenditures of the Department of Defense.

This time around, a dubious, ill-informed, and unwise “agreement” has been reached between Senators Levin and McCain to include detention provisions that threaten to bring back internment for the first time since the McCarthy era at the height of the red scare.


Act Now or Gitmo Never Ends

© US DoD

When Congress returns from its summer recess in September one of the first tasks on its agenda will be hammering out a final draft of the National Defense Authorization Act (NDAA).  Unless we take action now this bill will lay the foundation for a permanent military prison camp at Guantanamo Bay.

As things currently stand, both the House and Senate have both produced language in their respective drafts of the NDAA that seeks to redefine the authority under which the President conducts the ‘war’ on al-Qaeda, the Taliban, and ‘associated forces’.

One lingering concern in Congress is that the original Authorization for the Use of Military Force (AUMF) passed in the aftermath of the September 11th attacks failed to create a framework under which to detain private individuals captured during military operations. SEE THE REST OF THIS POST