ATLANTA, Georgia – Civil liberties groups and many citizen activists are outraged over language in the National Defense Authorization Act of 2011 (NDAA) that appears to lay the legal groundwork for indefinite detention of U.S. citizens without trial.
David Gespass, president of the National Lawyers Guild, called it an “enormous attack on the U.S. and our heritage” and a “significant step” towards fascism, in an interview with IPS.
“For a very long time the U.S. has been moving towards what I personally think of as fascist – the integration of monopoly capital with state power, that’s combined with an increased repression at home and greater aggression around the world. I don’t think we’re there yet, but I do see that we’re going in that direction,” Gespass said. “I think the… act is a significant step in that direction.”
“It’s quite severe. If this continues, people will not be able to count on constitutional protections at all,” Debra Sweet, national director of the group World Can’t Wait, told IPS.
Subtitle D of the act contains several controversial provisions on indefinite detention of terrorism suspects.
The executive branch – starting with the George W. Bush administration shortly after Sep. 11, 2001 – began indefinitely detaining terrorism suspects without trial at Guantanamo Bay, Cuba.
When those detentions were challenged in the courts, the federal government argued that the Authorization for Use of Military Force (AUMF), passed by the U.S. Congress on Sep. 18, 2001, allowed for the detentions to occur. In 2004, the Supreme Court agreed in Hamdi v. Rumsfeld.
“I know a lot of people who voted in favour of it (AUMF) back then didn’t think they voted in favour of what ended up happening, but what it said is the president is authorised (to do) whatever is necessary,” Gespass said. “The language as I recall it is not at all restrictive.”
The current language in the NDAA seeks to legislatively affirm that the U.S. has the right to detain people, even though the courts already ruled, at least in the case of Hamdi, a prisoner captured during armed conflict in Afghanistan, that it already has that power.
From:
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