Scandal Alert: Congress Is Quietly Abandoning the 5th Amendment

http://www.theatlantic.com/politics/archive/2012/12/scandal-alert-congress-is-quietly-abandoning-the-5th-amendment/266498/#.UNOvn1tIa4c.facebook

Conor Friedersdorf
Dec 20 2012

What everyone must understand is that American politics doesn't work the way you'd think it would. Most people presume that government officials would never willfully withhold penicillin from men with syphilis just to see what would happen if the disease went untreated. It seems unlikely that officers would coerce enlisted men into exposing themselves to debilitating nerve gas. Few expected that President Obama would preside over the persecution of an NSA whistle-blower, or presume the guilt of all military-aged males killed by U.S. drone strikes. But it all happened.

Really thinking about all that may make it easier to believe what I'm about to tell you.

It may seem like imprisoning an American citizen without charges or trial transgresses against the United States Constitution and basic norms of Western justice dating back to the Magna Carta.

It may seem like reiterating the right to due process contained in the 5th Amendment would be uncontroversial.

It may seem like a United States senator would be widely ridiculed for suggesting that American citizens can be imprisoned indefinitely without chargers or trial, and that if numerous U.S. senators took that position, the press would treat the issue with at least as much urgency as "the fiscal cliff" or the possibility of a new assault weapons bill or likely nominees for Cabinet posts.

It may seem like the American citizens who vocally fret about the importance of adhering to the text of the Constitution would object as loudly as anyone to the prospect of indefinite detention.

But it isn't so.

The casual news consumer cannot rely on those seemingly reasonable heuristics to signal that very old norms are giving way, that important protections are being undermined, perhaps decisively.

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Lawmakers charged with merging the House and Senate versions of the National Defense Authorization Act decided on Tuesday to drop a provision that would have explicitly barred the military from holding American citizens and permanent residents in indefinite detention without trial as terrorism suspects, according to Congressional staff members familiar with the negotiations.

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