Opinion Brief

Indefinite detention for terror suspects: Did Obama sell out?

Progressive critics cry foul after the president signs a defense law enshrining the military's right to indefinitely hold al Qaeda suspects

President Obama signed a $662 billion defense bill on Saturday that includes GOP-authored provisions giving the military greater authority to detain terrorism suspects indefinitely — even if they're U.S. citizens. Obama had threatened to veto the bill, and still has "serious reservations" about the detention rules. But Obama said Congress made last-minute changes that rendered the National Defense Authorization Act "minimally acceptable," and he vowed never to allow open-ended military detention of citizens without trial. Still, did Obama betray his progressive supporters?

No doubt about it. Obama sold out: "Thomas Jefferson must be spinning in his grave right now," says Michael Coard at Philadelphia magazine. Citizens have a constitutional right to a civilian trial — and civilian courts have proven far more effective than military tribunals at convicting terrorists, anyway. Obama came into office rejecting the phony idea that we had to choose between our safety and our ideals. "What a difference [three] years make.""The Obama government is watching you"

It's not perfect, but Obama improved detention laws: Civil liberties groups should be thanking Obama, say Marty Lederman and Steve Vladeck at Lawfare. Already, enemy forces can be held until hostilities end. If Obama had buckled and accepted the more extreme earlier versions of this bill, that authority would have been expanded. But he held out for changes, such as greater flexibility in transferring prisoners from Guantanamo, that "will be distinct improvements vis-a-vis the status quo.""The NDAA: The good, the bad, and the laws of war — Part I"

The law still sets a dangerous precedent: It's good that Obama expressed discomfort with this bill's detainee measures, says David Dayen at Firedoglake. But "the problem with this bill was always about codifying of indefinite military detention into the law, available for any future president to pick up and use." And remember, the law's language is vague — you can detain anyone "associated" with al Qaeda. That's a very slippery slope."New Year's Eve news dump: Obama signs defense authorization bill"

Recommended

Olympics to allow up to 10,000 Japanese spectators
Olympic Rings
Tokyo Olympics

Olympics to allow up to 10,000 Japanese spectators

10 things you need to know today: June 21, 2021
Afghan security forces
Daily briefing

10 things you need to know today: June 21, 2021

Sullivan: U.S. must keep 'eye on the ball' amid nuclear talks with Iran
National Security Adviser Jake Sullivan.
diplomacy

Sullivan: U.S. must keep 'eye on the ball' amid nuclear talks with Iran

Member of Uganda's Olympic team tests positive for coronavirus
Members of the Ugandan Olympic team.
a sign of things to come?

Member of Uganda's Olympic team tests positive for coronavirus

Most Popular

7 toons about the Dems' Joe Manchin problem
Political Cartoon.
Feature

7 toons about the Dems' Joe Manchin problem

Bernie Sanders wants to know if cannabis reporter is 'stoned' right now
Bernie Sanders.
Sounds dope

Bernie Sanders wants to know if cannabis reporter is 'stoned' right now

Georgia election workers reportedly received a 'torrent' of threats
Trump rally.
The big lie

Georgia election workers reportedly received a 'torrent' of threats