What to Watch for In the FY 2013 NDAA: Detainees, LOST, and START
0Last year’s reauthorization of the National Defense Authorization Act (NDAA), which sets policy and funding levels for our military and foreign operations, turned out to be quite contentious. The main kerfuffle focused on a provision of the bill that critics believed would authorize the military to permanently detain American citizens labeled as enemy combatants caught on American soil.
The House will voted on scores of amendments to the bill today. Some of those amendments will deal with detainees.
Here is an excerpt from this week’s Madisonian that explains the relevant details for this year’s bill.
Last year’s NDAA caused some pungent divisions within the conservative coalition. Ambiguous language in the 2012 defense law led many conservatives to believe that the military would have the authority to suspend habeas corpus and indefinitely detain Americans who are suspected of engaging in terrorism for Al Qaeda – even on American soil. Other conservatives contended that the 2012 law contained no such expansion. They argued that failure to pass this law would undermine the 2001 use of force law, which grants the president the power to “use all necessary and appropriate force against those nations, organizations, or persons” involved in the September 11 attacks “in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”
In order to clear up the confusion and gratuitous infighting within our coalition, Reps. Buck McKeon and Jeff Landry amended the committee bill to explicitly clarify that “nothing in the Authorization for Use of Military Force … [2001] or the National Defense Authorization Act for Fiscal Year 2012 shall be construed to deny the availability of the writ of habeas corpus in a court ordained or established by or under Article III of the Constitution for any person who is detained in the United States pursuant to the Authorization for Use of Military Force.”
This is a great unifying bill designed to ensure that our military and intelligence agencies will have wide latitude in fighting out foreign enemies, while preserving basic habeas corpus rights at home. Some of the hard-core libertarians, like Rep. Justin Amash (R-MI) are still trying to combat the NDAA and remove any provision go after enemy combatants caught on American soil. It is our opinion that the new bill addresses those concerns, but some conservatives might still oppose the bill.
You can read more about this provision from the op-ed at Red State by the bill’s sponsors. It is clear that any attempt to gut this provision will only serve to reerect the walls that hampered our efforts in combating terrorism during the Clinton years.
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