The Dangerous Defense Bill Heading Toward Obama's Desk :: 12/18/2011

You know these are interesting times when Glenn Beck, Dianne Feinstein, Rand Paul and the ACLU all stand on the same side of an issue. The issue in question is Subtitle D of the National Defense Authorization Act (NDAA), particularly Sections 1031-1033, being discussed by the House and Senate as I write and headed to the president's desk any day now. These hastily added, under-the-radar provisions, co-sponsored by Senators John McCain and Carl Levin, would allow for the indefinite military detention of any person alleged to be a member of Al Qaeda, the Taliban or "associated forces." The provisions also apply to any person who supports or aids "belligerent" acts against the United States, whether the person is apprehended beyond our borders or on domestic soil.

For noncitizens, such detention would be mandatory. And while news agencies from Reuters to the Huffington Post have recently reported that American citizens would be "exempt" from this requirement, the truth is more complicated. Military detention would still be the default, even for citizens, but at the discretion of the president, it could be waived in favor of handing over the case to domestic law enforcement. Under this law, if the Defense Department thinks you're a terrorist, there would be no presumption of innocence; you would be presumed a detainee of the military unless the executive decides otherwise. Without such a waiver, again, even if you're a citizen, you will never hear words like "alleged" or "suspected." You will be an "unprivileged enemy belligerent," with limited rights to appeal that status, no rights to due process, or to a jury, or to a speedy trial guided by the rules of evidence.