President Obama Signs Indefinite Detention Into Law

President Obama signed the National Defense Authorization Act (NDAA) today, allowing indefinite detention to be codified into law. As you know, the White House had threatened to veto an earlier version of the NDAA but reversed course shortly before Congress voted on the final bill. While President Obama issued a signing statement saying he had “serious reservations” about the provisions, the statement only applies to how his administration would use it and would not affect how the law is interpreted by subsequent administrations.

The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by this and future presidents to militarily detain people captured far from any battlefield. 

Under the Bush administration, similar claims of worldwide detention authority were used to hold even a U.S. citizen detained on U.S. soil in military custody, and many in Congress now assert that the NDAA should be used in the same way again.  The ACLU believes that any military detention of American citizens or others within the United States is unconstitutional and illegal, including under the NDAA.  In addition, the breadth of the NDAA’s detention authority violates international law because it is not limited to people captured in the context of an actual armed conflict as required by the laws of war.     

We are extremely disappointed that President Obama signed this bill even though his administration is already claiming overly-broad detention authority in court. Any hope that the Obama administration would roll back those claims dimmed today.  Thankfully we have three branches of government, and the final word on the scope of detention authority belongs to the Supreme Court, which has yet to rule on the scope of detention authority. But Congress and the president also have a role to play in cleaning up the mess they have created because no American citizen or anyone else should live in fear of this or any future president misusing the NDAA’s detention authority.

The ACLU will fight worldwide detention authority wherever we can, be it in court, in Congress, or internationally.

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Anonymous

Clearly you've never been to Singapore.

Anonymous

he will not win agin!!!

Anonymous

But he talked so eloquently in 2008, Who would have ever guessed he would turn into a tyrant.
Oh yeah - almost everyone that understood his past.

Anonymous

Rise Lord Vader

Anonymous

"Land of the Free", huh? I can hear the goose-stepping already from Washington!

Anonymous

Hes an American citizen, doesnt that mean he can be detained as well?? Maybe he should think before he signs anything.

Ron Davis

There are consequences....be careful who you vote for???

Anonymous

Gentlemen, we're going underground.

Anonymous

ACLU,
I don't like you in general. Today, you're on of the few places left to turn. FIX THIS!

SOPA and NDAA are WRONG!

curious

Why in the minds of those that support this is it a good idea?

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