Posted 10 years ago on Dec. 5, 2011, 5:17 p.m. EST by nucleus
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It's not because it will deprive citizens of their constitutional rights and protections under law.
STATEMENT OF ADMINISTRATION POLICY S. 1867 – National Defense Authorization Act for FY 2012
The Administration strongly objects to the military custody provision of section 1032, which would appear to mandate military custody for a certain class of terrorism suspects. This unnecessary, untested, and legally controversial restriction of the President's authority to defend the Nation from terrorist threats would tie the hands of our intelligence and law enforcement professionals. Moreover, applying this military custody requirement to individuals inside the United States, as some Members of Congress have suggested is their intention, would raise serious and unsettled legal questions and would be inconsistent with the fundamental American principle that our military does not patrol our streets. We have spent ten years since September 11, 2001, breaking down the walls between intelligence, military, and law enforcement professionals; Congress should not now rebuild those walls and unnecessarily make the job of preventing terrorist attacks more difficult. Specifically, the provision would limit the flexibility of our national security professionals to choose, based on the evidence and the facts and circumstances of each case, which tool for incapacitating dangerous terrorists best serves our national security interests.
What limit? Military prisoners are subject to the rules of the Geneva Convention, which prohibits - among other things - torture.
"Noncombatants, combatants who have laid down their arms, and combatants who are hors de combat (out of the fight) due to wounds, detention, or any other cause shall in all circumstances be treated humanely, including prohibition of outrages upon personal dignity, in particular humiliating and degrading treatment. The passing of sentences must also be pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples."
To spell it out, this legislation would PREVENT torture and other abuses of those accused of terrorism. It would also violate the Posse Comitatus Act, but the administration makes no mention of that.