WASHINGTON — Indefinite military detention of Americans became the law of the land Saturday, as President Barack Obama signed a defense bill that codified that authority, even as he said he would not use it.
The National Defense Authorization Act states how the military is to be funded, but also includes a number of controversial provisions on arresting and holding suspected terrorists, which at first drove Obama to threaten a veto.He retreated from that threat after Congress added provisions that took the ultimate authority to detain suspects from the military’s hands and gave it to the president. Congress also clarified that civilian law enforcement agencies — such as the FBI — would still have authority to investigate terrorism and added a provision that asserts nothing in the detention measures changes current law regarding U.S. citizens.
Still, the signing on New Year’s Eve as few people were paying attention angered civil liberties advocates, who argue that the law for the first time spells out certain measures that have not actually been tested all the way to the Supreme Court, including the possibility of detaining citizens in military custody without trial for as long as there is a war on terror. More