Obama Signs ‘NDAA’ 2013 Without Objecting to Indefinite Detention of Americans

President Barack Obama signed the National Defense Authorization Act of 2013 on Wednesday, giving his stamp of approval to a Pentagon spending bill that will keep Guantanamo Bay open and make indefinite detention for US citizens as likely as ever.

The president inked his name to the 2013 NDAA on Wednesday evening to little fanfare, and accompanied his signature with a statement condemning a fair number of provisions contained in a bill that he nevertheless endorsed.

The NDAA, an otherwise mundane annual bill that lays out the use of funds for the Department of Defense, has come under attack during the Obama administration for the introduction of a provision last year that allows the military to detain United States citizens indefinitely without charge or trial for mere suspicions of ties to terrorism. Under the 2012 NDAA’s Sec. 1021, Pres. Obama agreed to give the military the power to arrest and hold Americans without the writ of habeas corpus, although he promised with that year’s signing statement that his administration would not abuse that privilege.

In response to the controversial indefinite detention provision from last year, Sen. Dianne Feinstein (D-California) introduced an amendment in December 2012 that would have forbid the government from using military force to indefinitely detain Americans without trial under the 2013 NDAA. Although that provision, dubbed the “Feinstein Amendment,” passed the Senate unanimously, a select panel of lawmakers led by Senate Armed Services Committee Chairman Carl Levin (D-Michigan) stripped it from the final version of the NDAA two week later before it could clear Congress. In exchange, Congress added a provision, Sec. 1029, that claims to ensure that “any person inside the United States” is allowed their constitutional rights, including habeas corpus, but supporters of the Feinstein Amendment say that the swapped wording does nothing to erase the indefinite detention provision from the previous year.

“Saying that new language somehow ensures the right to habeas corpus – the right to be presented before a judge – is both questionable and not enough. Citizens must not only be formally charged but also receive jury trials and the other protections our Constitution guarantees. Habeas corpus is simply the beginning of due process. It is by no means the whole,” Sen. Rand Paul (R-Kentucky) said after the Feinstein Amendment was removed.

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