Senate Votes To Let Military Detain Americans Indefinitely, White House Threatens Veto

http://www.huffingtonpost.com/2011/11/29/senate-votes-to-let-military-detain-americans-indefinitely_n_1119473.html

by Michael McAuliff & Jennifer Bendery
First Posted: 11/29/11 06:35 PM ET Updated: 11/30/11 12:05 AM ET

The Senate voted Tuesday to keep a controversial provision to let the military detain terrorism suspects on U.S. soil and hold them indefinitely without trial -- prompting White House officials to reissue a veto threat.

The measure, part of the massive National Defense Authorization Act, was also opposed by civil libertarians on the left and right. But 16 Democrats and an independent joined with Republicans to defeat an amendment by Sen. Mark Udall (D-Colo.) that would have killed the provision, voting it down with 61 against, and 37 for it.

"I'm very, very, concerned about having U.S. citizens sent to Guantanamo Bay for indefinite detention," said Sen. Rand Paul (R-Ky.), one of the Senate's most conservative members.

Paul's top complaint is that a terrorism suspect would get just one hearing where the military could assert that the person is a suspected terrorist -- and then they could be locked up for life, without ever formally being charged. The only safety valve is a waiver from the secretary of defense.

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Both FBI Director Robert Mueller and Director of National Intelligence James Clapper backed up the White House with letters sent to congressional leaders. Clapper echoed the charge that the measure creates uncertainty and added that it could prevent intelligence operatives from getting critical information from suspects.

And although the measure allows the secretary of defense to waive it, both Mueller and Clapper said that could prove unworkable in the real world.

Mueller added that it could even stop the FBI from investigating individuals who fall under the definitions of suspected terrorist in the measure.

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