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
Argentina’s Javier Milei sells out his country for Israel
or go to
Aletho News Archives – Video-Images
Book Review
The Greatest Threat to World Peace? A Review of Daniele Ganser’s ‘USA: The Ruthless Empire’
Review by Marilyn Langlois | November 10, 2023
If you regard the United States as perhaps flawed but overall a force for good in the world . . .
If you scoff at the notion that the US, a republic founded on principles of freedom and democracy, has morphed into a world empire, perpetrating assassinations, coups d’état, acts of terror and illegal warfare . . .
If you want to promote peace but haven’t yet explored deceptive events that precipitate US warmongering . . .
. . . here is a volume that will clear the air and paint an honest picture of the significant, not-so-rosy impact US foreign policy and actions have had in the world around us.
USA: The Ruthless Empire, by Swiss historian and peace researcher Daniele Ganser, is the newly published English language translation of his book Imperium USA, originally written in German and published in 2020. Here is a summary of key points — including some lesser-known ones — along with remedies for a more peaceful future, that are covered in the book. … continue
Blog Roll
-
Join 2,460 other subscribers
Visits Since December 2009
- 7,481,269 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- Argentina’s Javier Milei sells out his country for Israel
- Putting Nukes in Finland Won’t Make Country Safer, Finnish Politician Cautions
- Ukrainian drone strike kills worker at Europe’s largest nuclear power plant
- What the West Hides About Soviet Role in De-Colonization
- Villains of Judea: Douglas Feith
- US pension fund invests hundreds of millions in weapons firms supplying Israel
- US bill to grant Americans serving in Israeli army same rights as US troops
- What a president, a movie star, a congressman, and a cell phone all dared to say
- ‘An entire nation is being humiliated by the Iranian leadership’: Merz
- Pakistan Throws Open Its Gates for Iran’s Transit Trade to Third Countries
If Americans Knew- Palestinians in Gaza Want to Rebuild Food Systems. Israel Isn’t Letting Them.
- Under Trump, Green Card Seekers Face New Scrutiny for Views on Israel
- Sheep Theft Sent Shockwaves Through a Palestinian Village. Then, a 12-year-old Boy Was Shot Dead
- Trump alum helps Israel mount AI influence campaign
- Dispatches From Catastrophe
- Despite Denials, AIPAC Is Now Funding Campaign of Ala Stanford In Philadelphia
- Israel’s neighbors are irate about its treatment of religious sites
- Israel escalates in Gaza: killing, torture, hunger – Daily Update
- Six Months into Gaza Ceasefire, Setting the Record Straight About Aid
- ‘Silent suffering’: Why children in Gaza are losing their ability to speak
No Tricks Zone- New Study: Extreme Heat Records, Heatwaves, Extreme Cold Records Declining Across US Since 1899
- It’s The Cold, Stupid! Cold 20 Times More Lethal Than Heat, Multiple Studies Show
- European Institute For Climate And Energy: “Climate Debate is Seldom About Science”
- New Study: The Climate May Be 5 Times More Sensitive To Solar Forcing Than Commonly Assumed
- EV Industry Reached $70 Billion In Losses In 2024 Due To Delusional Green Ideologies
- Reality Check: Maldives Have Actually Grown In Size Or Remained Stable Over Recent Decades
- Abrupt Climate Change Also Occurred NATURALLY In The Past …25 Times During Last Ice Age
- Cave Discovery Reveals Today’s Desert Climates Were Recently Far Warmer, Wetter, Teeming With Life
- German Expert: Heat Dome Led To Record Temps In Western USA…Warmer In 1934, 1936
- New Study: No Linear Warming Or Glacier Retreat Along Northern Antarctic Peninsula Since 1980s
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