Obama Waives Controversial NDAA Provision

[boxman15]

http://www.huffingtonpost.com/2012/02/28/indefinite-military-deten_n_1308129.html

WASHINGTON -- The White House released rules Tuesday evening waiving the most controversial piece of the new military detention law, and exempting U.S. citizens, as well as other broad categories of suspected terrorists.

Indefinite military detention of Americans and others was granted in the defense authorization bill President Barack Obama signed just before Christmas, sparking a storm of anger from civil libertarians on the left and right.

The new rules -- which deal with Section 1022 of the law -- are aimed at soothing many of their gravest concerns, an administration official said. Those concerns are led by the possibility that a law that grants the president authority to jail Americans without trial in Guantanamo Bay based on secret evidence could easily be abused.

"It is important to recognize that the scope of the new law is limited," says a fact sheet released by the White House, focusing on that worry. "Section 1022 does not apply to U.S. citizens, and the President has decided to waive its application to lawful permanent residents arrested in the United States."

SNIP

The categories of people exempted by the rules:

- When placing a foreign country’s nationals or residents in military custody will impede counterterrorism cooperation;

- When a foreign government indicates that it will not extradite or transfer suspects to the U.S. if the suspects may be placed in military custody;

- When an individual is a U.S. lawful permanent resident who is arrested in this country or arrested by a federal agency on the basis of conduct taking place in this country;

- When an individual has been arrested by a federal agency in the U.S. on charges other than terrorism offenses (unless such individual is subsequently charged with one or more terrorism offenses and held in federal custody in connection with those offenses);

- When an individual has been arrested by state or local law enforcement, pursuant to state or local authority, and is transferred to federal custody;

- When transferring an individual to military custody could interfere with efforts to secure an individual’s cooperation or confession; or

- When transferring an individual to military custody could interfere with efforts to conduct joint trials with co-defendants who are ineligible for military custody or as to whom a determination has already been made to proceed with a prosecution in a federal or state court.

This is good news for the next 5 years, but this provision needs to be gone by 2017.

[FarLeftFist]

1. K&R!

[boxman15]

2. Kick

[MannyGoldstein]

3. But he didn't waive Section 1021

Which is the more onerous section.

[limpyhobbler]

4. He should have used his veto on this in the first place.

These controversial provisions are probably never going to be repealed.

Future Presidents are not necessarily compelled to follow Obama's example and will try to test how much they can get away with.