Misreading the Fight Over Military Detention
The Obama Regime Has No Constitutional Scruples
By PAUL CRAIG ROBERTS | CounterPunch | December 5, 2011
During an interview with the Russian news network RT on December 1, I said that the US Constitution had been shredded by the failure of the US Senate to protect American citizens from the detainee amendment sponsored by Republican John McCain and Democrat Carl Levin to the Defense Authorization Bill. The amendment permits indefinite detention of US citizens by the US military. I also gave my opinion that the fact that all but two Republican members of the Senate had voted to strip American citizens of their constitutional protections and of the protection of the Posse Comitatus Act indicated that the Republican Party had degenerated into a Gestapo Party.
These conclusions are self-evident, and I stand by them.
However, I jumped to conclusions when I implied that the Obama regime opposes military detention on constitutional grounds. Dahlia Lithwick reported in a Slate article that the entire Obama regime opposed the military detention provision in the McCain/Levin amendment. Lithwick wrote: “The secretary of defense, the director of national intelligence, the director of the FBI, the CIA director, and the head of the Justice Department’s national security division have all said that the indefinite detention provisions in the bill are a bad idea. And the White House continues to say that the president will veto the bill if the detainee provisions are not removed.”
I checked the URLs that Lithwick supplied. It is clear that the Obama regime objects to military detention. However, on further reflection I conclude that the Obama regime’s objection to military detention is not rooted in concern for the constitutional rights of American citizens. The regime objects to military detention because the implication of military detention is that detainees are prisoners of war. As Senate Armed Services Committee Chairman Carl Levin put it: Should somebody determined “to be a member of an enemy force who has come to this nation or is in this nation to attack us as a member of a foreign enemy, should that person be treated according to the laws of war? The answer is yes.”
Detainees treated according to the laws of war have the protections of the Geneva Conventions. They cannot be tortured. The Obama regime opposes military detention, because detainees would have some rights. These rights would interfere with the regime’s ability to send detainees to CIA torture prisons overseas. This is what the Obama regime means when it says that the requirement of military detention denies the regime “flexibility.”
The Bush/Obama regimes have evaded the Geneva Conventions by declaring that detainees are not POWs, but “enemy combatants,” “terrorists,” or some other designation that removes all accountability from the US government for their treatment.
By requiring military detention of the captured, Congress is undoing all the maneuvering that two regimes have accomplished in removing POW status from detainees.
A careful reading of the Obama regime’s objections to military detention supports this conclusion. The November 17 letter to the Senate from the Executive Office of the President says that the Obama regime does not want the authority it has under the Authorization for Use of Military Force (AUMF), Public Law 107-40, to be codified. Codification is risky, the regime says. “After a decade of settled jurisprudence on detention authority, Congress must be careful not to open a whole new series of legal questions that will distract from our efforts to protect the country.”
In other words, the regime is saying that under AUMF the executive branch has total discretion as to whom it detains and how it treats detainees. Moreover, as the executive branch has total discretion, no one can find out what the executive branch is doing, who detainees are, or what is being done to them. Codification brings accountability, and the executive branch does not want accountability.
Those who see hope in Obama’s threatened veto have jumped to conclusions if they think the veto is based on constitutional scruples.
~
Paul Craig Roberts was an editor of the Wall Street Journal and an Assistant Secretary of the U.S. Treasury. His latest book, HOW THE ECONOMY WAS LOST, has just been published by CounterPunch/AK Press. He can be reached at: PaulCraigRoberts@yahoo.com
Share this:
Related
December 5, 2011 - Posted by aletho | Civil Liberties, Progressive Hypocrite, Subjugation - Torture, Timeless or most popular
No comments yet.
Featured Video
Pax Judaica Explained | Prof. David Miller
or go to
Aletho News Archives – Video-Images
From the Archives
History and Biblical Scholarship: Al-Quds Is Not Jerusalem
By Dr. Elias Akleh | Global Research | July 3, 2018
The Zionist Israeli state calls on the Old Testament/Torah as a historical document to prove its legality to “re-claim” Palestine; their god’s promised land. To assert this legality and the myth of the promised land Zionist Organization, since its establishment, had recruited the science of archaeology, employing western Christian biblical archaeologists, to provide the required “historic” proof of the right of the Jews; alleged modern Israelites, to Palestine. This became very critical after Julius Wellhausen; the biblical scholar and Professor Ordinarius of Theology and head of the German School of Biblical Criticism, published his 1883 book “Geschichte Israels”, later titled as “Prolegomena zur Geschichte Israels” claiming that the Old Testament/Torah stories were invented during the Babylonian exile to serve certain theological and political purposes.
American biblical scholars and archaeologists, such as William Fox Albright, were recruited to refute Wellhausen’s claims. Albright was endorsed by covertly Zionist financed Biblical Colloquium; a scholarly society devoted to the analysis and discussions of biblical matters, and the preparations, publication, and distribution of biblical literature to brainwash readers and students with a specific theological ideology. Albright, as well as other biblical archaeologists like him, was also honored (bribed) by the American Friends of the Israel Exploration Society. His writings; such as “Why the Near East Needs the Jews”, are flagrant racist Zionist propaganda ignoring the vast archaeological history of the indigenous Palestinians while emphasizing the fake unproven Israelites’ narrative in Palestine. … continue
Blog Roll
-
Join 2,403 other subscribers
Visits Since December 2009
- 7,390,734 hits
Looking for something?
Archives
Calendar
Categories
Aletho News Civil Liberties Corruption Deception Economics Environmentalism Ethnic Cleansing, Racism, Zionism Fake News False Flag Terrorism Full Spectrum Dominance Illegal Occupation Mainstream Media, Warmongering Malthusian Ideology, Phony Scarcity Militarism Progressive Hypocrite Russophobia Science and Pseudo-Science Solidarity and Activism Subjugation - Torture Supremacism, Social Darwinism Timeless or most popular Video War Crimes Wars for IsraelTags
9/11 Afghanistan Africa al-Qaeda Australia BBC Benjamin Netanyahu Brazil Canada CDC Central Intelligence Agency China CIA CNN Covid-19 COVID-19 Vaccine Donald Trump Egypt European Union Facebook FBI FDA France Gaza Germany Google Hamas Hebron Hezbollah Hillary Clinton Human rights Hungary India Iran Iraq ISIS Israel Israeli settlement Japan Jerusalem Joe Biden Korea Latin America Lebanon Libya Middle East National Security Agency NATO New York Times North Korea NSA Obama Pakistan Palestine Poland Qatar Russia Sanctions against Iran Saudi Arabia Syria The Guardian Turkey Twitter UAE UK Ukraine United Nations United States USA Venezuela Washington Post West Bank WHO Yemen Zionism
Aletho News- Your Enslavement Begins in Gaza: The ‘Board of Peace’
- Israeli FOIA Data Reveals Massive Heart Injury Spike in Children Immediately After mRNA Shot Rollout
- What is Zionism? And what is anti-Zionism?
- Hungary’s Blocking of EU Loan to Ukraine May Jeopardize IMF Funding – Reports
- Pax Judaica Explained | Prof. David Miller
- Was MAHA Too Good to Last in the Trump Administration?
- Vermont advances bill letting unelected Health Commissioner decide which vaccines ctizens should receive
- Why the US-Israeli alliance will lose against Iran
- US envoy Huckabee claims Israel has ‘biblical right’ to conquer all West Asia
- Testing the Alliance: Netanyahu’s Washington Visit
If Americans Knew- Palestinian church leaders admonish Christian Zionist Mike Huckabee – Not a ceasefire Day 135
- Ominous messaging from Trump’s “Board of Peace” – Not a ceasefire Day 134
- ‘Christians Out’: Jerusalem Church Tagged With Hate Graffiti, Police Investigating
- Israeli Settlers Kill American Teen
- ‘We returned from hell’: Palestinian journalists recount torture in Israeli prisons
- No mercy for Gaza in Ramadan – Not a ceasefire Day 133
- The Israeli Government Installed and Maintained Security System at Epstein Apartment
- Tucker Carlson interrogated in Israel, has passport seized after interviewing US ambassador
- 6,000 Amputees in Gaza Face Impossible Recovery amid Israeli War Ultimatum
- The Lancet: Gaza death toll far higher than reported – Not a ceasefire Day 132
No Tricks Zone- Germany: Electric Car Catches Fire At Charging Station, Sets Off Local “Inferno”, Widespread Damage
- New Study: Canada’s New Brunswick Was 1°C Warmer Than Today During The Medieval Warm Period
- Coal Power Back In Trend As Globe Tries To Keep Pace With Growing Demand For Power
- New Study: A 4°C Warmer Beaufort Sea Had ‘No Sea Ice’ 11,700 – 8200 Years Ago
- Unfudging The Data: Dutch Meteorological Institute Reinstates Early 20th Centruy Heat Waves It Had Erased Earlier
- German Gas Crisis…Chancellor Merz Allegedly Bans Gas Debate Ahead of Elections!
- Pollen Reconstructions Show The Last Glacial’s Warming Events Were Global, 10x Greater Than Modern
- Germany’s Natural Gas Storage Level Dwindles To Just 28%… Increasingly Critical
- New Study Rebuts The Assumption That Anthropogenic CO2 Molecules Have ‘Special’ Properties
- Climate Scientist Who Predicted End Of “Heavy Frost And Snow” Now Refuses Media Inquiries
Contact:
atheonews (at) gmail.com
Disclaimer
This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information and data provided at this site are useful, accurate, and current, we cannot guarantee that the information and data provided here will be error-free. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
This site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, you should consult your own attorney.
Nothing within this site or linked to by this site constitutes investment advice or medical advice.
Materials accessible from or added to this site by third parties, such as comments posted, are strictly the responsibility of the third party who added such materials or made them accessible and we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material.
The posting of stories, commentaries, reports, documents and links (embedded or otherwise) on this site does not in any way, shape or form, implied or otherwise, necessarily express or suggest endorsement or support of any of such posted material or parts therein.
The word “alleged” is deemed to occur before the word “fraud.” Since the rule of law still applies. To peasants, at least.
Fair Use
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
DMCA Contact
This is information for anyone that wishes to challenge our “fair use” of copyrighted material.
If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting atheonews@gmail.com.
We will respond and take necessary action immediately.
If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.
All 3rd party material posted on this website is copyright the respective owners / authors. Aletho News makes no claim of copyright on such material.

Leave a comment