A closer look at the National Defense Authorization Act

image
Published: 06 Jan, 2012
2 min read

President Obama signed the National Defense Authorization Act (NDAA) into law six days ago. Since that time, public backlash hasn't waned much. It's forgivable if a week-long media monsoon has you thinking that the president just authorized the indefinite detention of U.S. Citizens without trial. A closer reading of the new law, while taking into consideration the president's signing statement, will provide a more accurate assessment of what NDAA likely means for you, me, and the future of the Obama administration.

The NDAA grants to the military broad new powers against suspected terrorists, codifying the indefinite detention of American citizens detained abroad and possibly those detained at home, without trial.  In his signing statement, President Obama clarified:

“My Administration will not authorize the indefinite military detention without trial of American citizens." He continues, "Indeed, I believe that doing so would break with our most important traditions and values as a Nation."

Take note.  He doesn't say indefinite detention of U.S. citizens breaks the law. The Obama White House has always argued for broad detention powers, saying that the original 2001 AUMF authorized such action against suspected enemy combatants, regardless of citizenship.

“Obama’s signing statement seems to suggest he already believes he has the authority to indefinitely detain Americans—he just never intends to use it,” writes Adam Serwer at Mother Jones. “Left unsaid, perhaps deliberately, is the distinction that has dominated the debate over the defense bill: the difference between detaining an American captured domestically or abroad. This is why ACLU Director Anthony Romero released a statement shortly after Obama’s arguing the authority in the defense bill could 'be used by this and future presidents to militarily detain people captured far from any battlefield.' ”

Glenn Greenwald notes that the law only exempts US citizens “from the requirement of military detention but still leaves the option open to the state.”

The most significant change NDAA brings to the 'War on Terror' is the expanded scope of military operations to include U.S. soil. Critics argue the law creates an assumed role for the military in domestic law enforcement.

With all of the legal uncertainty surrounding the scarier sounding provisions, it begs the question: how might Obama's signature on NDAA affect his support? In my view, President Obama might have just handed the GOP (or any third party contender) a weapon that could ensure a wide open race – a civil liberties caucus. An independent-minded candidate could win the support of enough disgruntled progressives, moderates, and libertarians to make himself automatically more appealing than an incumbent who seems to make it a habit of erring on the side opposite the Bill of Rights.

You Might Also Like

“Cartoon illustration of Americans facing the U.S. Capitol as light pierces through red and blue partisan cracks, representing independent voters and hope for political reform.”
New Poll: Voters Want New Leadership – and They’re Turning to Independents
A new poll from the Independent Center highlights a clear message from the public: Americans are fed up with the current political leadership, and they’re ready for change....
12 Nov, 2025
-
2 min read
Massachusetts voters.
Ranked Choice Voting Momentum Surges in Massachusetts as Cities Push for Local Control
Ranked choice voting (RCV) continues to see a surge in momentum across the U.S. However, the state that has seen the largest reform growth in the last 5 years -- Massachusetts -- has received little attention. This is because the 10 cities that have approved RCV have not been able to implement it due to state law....
14 Nov, 2025
-
5 min read
Caution tape with US Capitol building in the background.
Did the Republicans or Democrats Start the Gerrymandering Fight?
The 2026 midterm election cycle is quickly approaching. However, there is a lingering question mark over what congressional maps will look like when voters start to cast their ballots, especially as Republicans and Democrats fight to obtain any electoral advantage possible. ...
11 Nov, 2025
-
8 min read