FOR IMMEDIATE RELEASE - December 31, 2011
WASHINGTON - President Obama signed the National Defense Authorization Act
(NDAA) into law today. The statute contains a sweeping worldwide indefinite
detention provision. 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 the authorities granted by
the NDAA, and would not affect how the law is interpreted by subsequent
administrations. The White House had threatened to veto an earlier version
of the NDAA, but reversed course shortly before Congress voted on the final
bill.
"President Obama's action today is a blight on his legacy because he will
forever be known as the president who signed indefinite detention without
charge or trial into law," said Anthony D. Romero, ACLU executive director.
"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. The ACLU will
fight worldwide detention authority wherever we can, be it in court, in
Congress, or internationally."
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 incredibly disappointed that President Obama signed this new law
even though his administration had already claimed overly broad detention
authority in court," said Romero. "Any hope that the Obama administration
would roll back the constitutional excesses of George Bush in the war on
terror was extinguished today. Thankfully, we have three branches of
government, and the final word 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 bill also contains provisions making it difficult to transfer suspects
out of military detention, which prompted FBI Director Robert Mueller to
testify that it could jeopardize criminal investigations. It also restricts
the transfers of cleared detainees from the detention facility at Guantanamo
Bay to foreign countries for resettlement or repatriation, making it more
difficult to close Guantanamo, as President Obama pledged to do in one of
his first acts in office.