Opinion Letter On the 2012 NDAA Indefinite Detention Provisions

On New Year’s Eve President Obama’s passed a law that allows the indefinite detention provisions embedded in the 2012 National Defense Authorization Act (NDAA). In essence the US Military can now become a police force on US soil and imprison you at an undisclosed location indefinitely. Yes, this is the new law.

The values of our Democratic Society rest firmly on the sacrifices by our Military and our Nation. The Sixth Amendment (Amendment VI) to the United States Constitution details the right to a speedy and public trial. On New Year’s Eve those rights were thrown out the window. We’re on a slippery slope here and loosing the fragile high ground faster than your retirement savings.

This is the first time these powers have been invoked since the McCarthy era Internal Security Act of 1950. The constitutionality of the new provisions can never be tested. Third parties have no standing to bring the case to court; there is no due process available.

Section 1021(b) states that “you can be detained without trial until the end of the hostilities if you are part of or substantially supports associated forces that are engaged in hostilities against the U.S.” This act expands the scope of the War on Terror as defined by the 2001 Authorization to Use Military Force (AUMF). The terms are extremely vague and subject to interpretation; be careful which web sites you visit or humanitarian aid organizations you support.

This applies to US citizens as well as foreign nationals. Section 1022 not only authorizes, but requires that such associated force be held in military custody pending disposition under the law of war. The exact wording is “the requirement to detain a person in military custody under this section does not extend to citizens of the U.S.” How nice, we are being exempted from the “requirement” but certainly not the option of indefinite military detention. This is not my interpretation; this is from Glenn Greenwald a former Constitutional and civil rights litigator who has written two New York Times best sellers.

Charles C. Krulak and Joseph P. Hoar, both recently retired four star Marine generals, said in a NY Times editorial, "One provision would authorize the military to indefinitely detain without charge people suspected of involvement with terrorism, including United States citizens apprehended on American soil. Due process would be a thing of the past."

These are the facts; no exaggeration. This is not about politics to us, not about supporting our troops, and not about being patriotic. Yes, we’re in a long, protracted terrorist war but at what cost?

Is the Constitution or your civil rights important to you? Contact your senator or congressman and don’t be satisfied with their first response. http://www.usa.gov/Contact/Elected.shtml

This is too important for your future freedom, our country, and our standing in the world.

Mark and Tom >redacted in web version<
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