Congress

Here is the text of a portion of the Senate version of the National Defense Authorization Act marked up to indicate changes made by the conference committee. The changes in red gave the White House "flexibility" but did nothing to save the Bill of Rights from this assault.

Subtitle D--Detainee Matters

SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.

(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

(b) Covered Persons- A covered person under this section is any person as follows:

(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.

(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.

(c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:

(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.

(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).

(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.

(4) Transfer to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity.

(d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.

(e) Authorities- Nothing in this section shall be construed to affect existing law or authorities, relating to the detention of United States citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States.

(f) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons' for purposes of subsection (b)(2).

SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.

(a) Custody Pending Disposition Under Law of War-

(1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.

(2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 who is determined--

(A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and

(B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.

(3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.

(4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense President may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary President submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.

(b) Applicability to United States Citizens and Lawful Resident Aliens-

(1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.

(2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.

(c) Implementation Procedures-

(1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the President shall issue, and submit to Congress, procedures for implementing this section.

(2) ELEMENTS- The procedures for implementing this section shall include, but not be limited to, procedures as follows:

(A) Procedures designating the persons authorized to make determinations under subsection (a)(2) and the process by which such determinations are to be made.

(B) Procedures providing that the requirement for military custody under subsection (a)(1) does not require the interruption of ongoing surveillance or intelligence gathering with regard to persons not already in the custody or control of the United States.

(C) Procedures providing that a determination under subsection (a)(2) is not required to be implemented until after the conclusion of an interrogation session which is ongoing at the time the determination is made and does not require the interruption of any such ongoing session.

(D) Procedures providing that the requirement for military custody under subsection (a)(1) does not apply when intelligence, law enforcement, or other government officials of the United States are granted access to an individual who remains in the custody of a third country.

(E) Procedures providing that a certification of national security interests under subsection (a)(4) may be granted for the purpose of transferring a covered person from a third country if such a transfer is in the interest of the United States and could not otherwise be accomplished.

(d) AUTHORITIES.—Nothing in this section shall be construed to affect the existing criminal enforcement and national security authorities of the Federal Bureau of Investigation or any other domestic law enforcement agency with regard to a covered person, regardless whether such covered person is held in military custody.

(e) Effective Date- This section shall take effect on the date that is 60 days after the date of the enactment of this Act, and shall apply with respect to persons described in subsection (a)(2) who are taken into the custody or brought under the control of the United States on or after that effective date.

Occupy Washington, DC Occupies Senator Levin's Office to Protest Defense Authorization
Focus of Protest is the Use of the Military Against U.S. Citizens Within the United States

Protesters from OccupyWashingtonDC.org will sit-in Sen. Carl Levin's Office (269 Russell Office Building) at 2:00 today.

The protest is against provisions of the Defense Authorization that allow the use of the military inside the United States.  The provisions allow military detention without any finding of guilt, without a hearing in civil court, and apply to U.S. citizens and legal residents. 

James P. McGovern (MA)
Five-Minute Special Order
Wednesday, December 14, 2011

END THE WAR IN AFGHANISTAN NOW

M. Speaker, on Saturday, the New York Times reported that our ambassador in Afghanistan, Ryan C. Crocker, told a group of journalists that U.S. troops could stay in Afghanistan long past the president’s 2014 deadline if the Afghan government asked us to stay.

The very next day, the New York Times reported Afghan President Hamid Karzai blaming foreigners, including the United States, for the corruption that is so rampant in his government. He had the audacity to say this at an event marking International Anti-Corruption Day.

M. Speaker, Afghanistan is one of the most corrupt countries on the face of the earth. Transparency International ranks Afghanistan as the 2nd most corrupt government, right behind Somalia and North Korea, which tied for first place.

Remember our report on what's needed.

There is now a bill from the Progressive Caucus taking the same basic, sane approach.  This is from Rep. Grijalva's office:

HuffingtonPost:

The administration insists that military, law enforcement and intelligence officials need flexibility in prosecuting the war on terror. Obama points to his administration's successes in eliminating Osama bin Laden and radical Islamic cleric Anwar al-Awlaki. Republicans counter that their efforts are necessary to respond to an evolving, post-Sept. 11 threat, and that Obama has failed to produce a consistent policy on handling terror suspects.

The bill would require that the military take custody of a suspect deemed to be a member of al-Qaida or its affiliates who is involved in plotting or committing attacks on the United States, with an exemption for U.S. citizens.

Responding to appeals from Obama, Defense Secretary Leon Panetta and FBI Director Robert Mueller, lawmakers added a provision that says nothing in the bill will affect "existing criminal enforcement and national security authorities of the FBI or any other domestic law enforcement agency" with regard to a captured suspect, "regardless of whether such ... person is held in military custody."

The bill also says the president can waive the provision based on national security. Originally that authority rested with the defense secretary.

House and Senate negotiators dropped several of the provisions in the House bill that also had drawn a veto threat, including the requirement of military tribunals for all cases.

"We took significant steps to address the administration's concerns," Rep. Adam Smith of Washington state, the top Democrat on the House panel, told reporters.

The legislation would deny suspected terrorists, even U.S. citizens seized within the nation's borders, the right to trial and subject them to indefinite detention. The lawmakers made no changes to that language.

Civil rights groups still pressed for a presidential veto.

"The sponsors of the bill monkeyed around with a few minor details, but all of the core dangers remain – the bill authorizes the president to order the military to indefinitely imprison without charge or trial American citizens and others found far from any battlefield, even in the United States itself. The bill strikes at the very heart of American values," Christopher Anders, senior legislative counsel for the American Civil Liberties Union, said in a statement. "Based on suspicion alone, no place and no person are off-limits to military detention without charge or trial."

From FCNL

The conflict between the U.S. and Iran is reaching a point where it could spiral out of control. In the U.S., Congress and the administration have become more confrontational toward Iran. Iran has done the same and withdrawn further from the international community.

Now, Congress is preparing to add fuel to this fire. Your representative is preparing to vote on legislation that could close off prospects for diplomatic communication between the U.S. and Iran at the very time that such channels are critical for preventing war.

This vote could come as soon as next Tuesday. Please call your representative today at 877-429-0678 and ask her or him to vote "no" on the Iran Threat Reduction Act, H.R. 1905. Enter your zip code to get talking points that reflect whether your member has publicly supported this bill.

Although more than 80 percent of the House has cosponsored this bill, many agreed to support it before the anti-diplomacy provisions were added. Section 601(c) of the bill states:

No person employed with the United States Government may contact in an official or unofficial capacity any person that--(1) is an agent, instrumentality, or official of, is affiliated with, or is serving as a representative of the Government of Iran; and (2) presents a threat to the United States or is affiliated with terrorist organizations.

The president can waive this restriction only with 15 days advance notice to Congress.  In a crisis, U.S. diplomats could find themselves unable to talk to their Iranian counterparts to prevent war from erupting.

The former chair of the Joint Chiefs of Staff and several U.S. ambassadors have warned that the lack of diplomatic contact between the U.S. and Iran could lead to war. Former ambassadors Thomas Pickering and William Luers have called the bill "preposterous," noting that it "raises serious constitutional issues over the separation of powers." Former top Middle East intelligence analyst Paul Pillar was highly critical of the bill, saying, "this legislation is another illustration of the tendency to think of diplomacy as some kind of reward for the other guy, rather than what it really is: a tool for our side."

Please call your representative today and urge a "no" vote on H.R. 1905.

By Dave Lindorff

Wanted: Sculptor who works in bronze to construct life-sized group of statues of President Barack Obama, House Speaker John Boehner, House Minority Leader Nancy Pelosi,  Senate Majority Leader Harry Reid and Senate Minority Leader Mitch McConnell, all to be mounted at the high tide line below a high cliff in Maine’s Acadia National Park.

There what’s left of American posterity can watch as the seas rise inexorably over the coming years and decades, first lapping at the feet of the statues, then the knees, then the waists, then the chests and finally cover over the heads of these “leaders” in Washington who have cynically and foolishly squandered the last opportunity to take effective action to combat climate change. 

Bi-partisan letter to Obama: No military solution in Afghanistan, bring troops home

Washington, D.C.– Congresswoman Barbara Lee (D-CA) and Congressman Walter Jones (R-NC) were joined by 40 Members of the House of Representatives in sending a letter to President Obama urging him to speed up the return of all U.S. troops from Afghanistan. 

“We are calling on President Obama to recognize that there is no military solution in Afghanistan, and the longer we keep our troops there the longer we delay the progress of an Afghan-produced political solution,” said Congresswoman Lee, co-chair of the Congressional Progressive Caucus Peace and Security Task Force. 

I'm editing a book in which one of the contributors writes:

In 1971, Congress passed the Anti-Detention Act, 18 U.S.C. § 4001(a), which states that "no person shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress." Fred Koramatsu, who had brought the unsuccessful case before the Supreme Court, was eventually awarded the Medal of Honor. Congress apologized and provided for limited reparations for this heinous act.

Presumably this would be trashed by the bill now before the conference committee and soon headed to the President for a signature or veto. 

The criminal abuse of Japanese Americans for which Congress had to apologize and pay reparations, and for which there is a misleadingly pro-war looking memorial hidden between the U.S. Capitol and Union Station, will now be sanctioned by the current Congress/President. 

Can you feel the pride?

Are you fired up?

The more things CHANGE . . .

By John Grant

Following a decade of military invasion and occupation in the Middle East and Southwest Asia, the United States is becoming the Rodney Dangerfield of empires: “We get no respect!”

The undisputed post-World War Two top dog in the world, on virtually every front the United States is more and more playing catch-up with two-faced, Clintonian shuttle diplomacy around the world and a  well-entrenched regime of secrecy and sophisticated public relations aimed at keeping the dismal story of decline out of the domestic mind-space.

By Dave Lindorff

Word that the Los Angeles Police, who sent in 1200 officers in riot gear to violently rout a few hundred Occupy Movement demonstrators from their LA encampment last week, had earlier sent 12 undercover young officers into the peaceful occupation camp to spy on the activists should come as no surprise.

Jump to 31:00

The funny thing about the bill that the Senate just passed that lets presidents and the military lock you up without a charge or a trial — well, not funny ha ha but funny unusual — is that the basic bill to which that little monstrosity was attached is even worse. It's a bill to dump over $650 billion into wars and aggressive weaponry, continue the slaughter in Afghanistan, ramp up the creation and use of drones, and expand U.S. military bases around the globe.

By Dave Lindorff

The US Congress is such a craven bunch that you really have to turn to Olde English to aptly describe them.

Consider that yesterday, by a vote of 93-7, the Senate approved a National Defense Authorization Bill that effectively defines the US “homeland” as a war zone, and that allows for the indefinite incarceration without trial of anyone, including US citizens and Green Card holders, without trial, in blatant violation of the Sixth Amendment of the US Constitution and of fundamental international judicial standards.

Jeff Clements has posted a short guide to the numerous amendments introduced to address Citizens United.  It's on the website of his forthcoming book Corporations Are Not People, which I highly recommend.

The Merkley amendment calling for a swifter withdrawal from Afghanistan passed on Wednesday.  And a "compromise" was forced on Thursday over the section allowing process-free imprisonment of anyone, including U.S. citizens.

Sadly, the so-called compromise simply states that this new law will not change existing law.  Yet this new law's language is worse than existing written law, and the Obama Administration's view of existing law is worse still.

We must demand a veto of this bill more clearly and loudly than ever.

This meaningless compromise was reach after the Senate voted down both Udall's amendment stripping out the offending language and an amendment from Feinstein creating an exception for U.S. citizens to the newly codified presidential power to imprison people without charge or trial.

We simply cannot accept our government allowing the President and the military to lock us away in violation of our Constitutional rights.

The Senate just voted against the Afghanistan war.  Here's the good, the bad, and the ugly.

THE GOOD

The U.S. Senate on Wednesday voted by voice vote to pass an amendment that concludes thus:

"Resolved, That it is the sense of the Senate that—

1) the President of the United States should expedite the transition of the responsibility for military and security operations to the Government of Afghanistan;

2) the President shall devise a plan based on inputs from military commanders, the diplomatic missions in the region, and appropriate members of the cabinet, along with the consultation of Congress, for expediting the drawdown of U.S. combat troops in Afghanistan and accelerating the transfer of security authority to Afghan authorities prior to December 2014; and

This should solve everything.

Council for a Livable World Welcomes Senate Vote In Favor of An Accelerated Withdrawal of U.S. Troops from Afghanistan

Washington, D.C. — Council for a Livable World applauded the Senate vote today in favor of the Merkley amendment asking the President to accelerate the withdrawal of American troops from Afghanistan.

The Senate approved the amendment by a voice vote in a surprising rebuke to those who want to stay in Afghanistan indefinitely – including Senator John McCain (R-AZ).

Clearly Senator McCain, who opposed the amendment, did not call for a roll call vote because he was not sure he could win.

Robert Naiman has listed these:

Afghanistan: Merkley (D-OR), Baucus (D-MT), Bingaman (D-NM), Brown (D-OH), Cardin (D-MD), Conrad (D-ND), Durbin (D-IL), Gillibrand (D-NY), Harkin (D-IA), Leahy (D-VT), Lee (R-UT), Manchin (D-WV), Paul (R-KY), Rockefeller (D-WV), Sanders (D-VT), Schumer (D-NY), Udall (D-NM) and Whitehouse (D-RI) amendment No. 1174 (and several variations) to urge an accelerated withdrawal of U.S. forces from Afghanistan.

American bases overseas: Tester (D-MT) and Hutchison (R-TX) amendment No. 1145, corresponding to their bill S. 1733 to establish a commission to consider closing overseas military bases.

Spending in Afghanistan: McCaskill (D-MO) amendment No. 1430 to limit spending on capital projects in Afghanistan.

Reduce the funding: Paul (R-KY) amendment No. 1268 to reduce the topline (non-war) number in the bill by 1% to $559.5 billion. He also has amendment No. 1270 to reduce the bill by 2% to $553.9 billion.

Cluster munitions: Feinstein (D-CA) and Leahy (D-VT) amendment No. 1252 to bar the use of most cluster munitions.

Troops in Europe: Sessions (R-AL) amendment No. 1182 to limit U.S. combat brigades permanently station in Europe to two, compared to four now, effective January 1, 2016.

Auditing Pentagon books: Paul (R-KY) amendment No. 1063 to require the Pentagon to have its books ready for an audit by September 30, 2014. Ayotte (R-NH) has a related amendment No. 1066. McCain (D-AZ), Levin (D-MI) and Ayotte (R-NH) have a related amendment No. 1132.

AFRICOM headquarters: Paul (R-KY) amendment No. 1136 to bar placing AFRICOM headquarters outside of continental U.S. Hutchison (R-TX) has a related amendment No. 1232 that is a sense of the Senate resolution.

Chemical weapons: Wyden (D-OR) amendment No. 1160 to close the Umatilla Army Chemical Depot in Oregon.