kylejack
03-06-2012, 04:49 PM
Obama has issued an executive order painting some very broad exceptions to the indefinite detention provision that requires him to hold alleged members of Al Qaeda forever.
In addition, the President has decided to waive application of Section 1022 at the outset
in a number of specific situations where it serves our national security interests, including by
avoiding harm to our counterterrorism efforts. Specifically, as certified in the procedures issued
today, the President has determined it is in the national security interests of the United States to
waive the military custody requirement of Section 1022 in the following circumstances:
When placing a foreign country’s nationals or residents in military custody will impede
counterterrorism cooperation;
When a foreign government indicates that it will not extradite or transfer suspects to the
United States if the suspects may be placed in military custody;
When an individual is a U.S. lawful permanent resident who is arrested in this country or
arrested by a federal agency on the basis of conduct taking place in this country;
When an individual has been arrested by a federal agency in the United States on charges
other than terrorism offenses (unless such individual is subsequently charged with one or
more terrorism offenses and held in federal custody in connection with those offenses);
When an individual has been arrested by state or local law enforcement, pursuant to state or
local authority, and is transferred to federal custody;
When transferring an individual to military custody could interfere with efforts to secure an
individual’s cooperation or confession; or
When transferring an individual to military custody could interfere with efforts to conduct
joint trials with co-defendants who are ineligible for military custody or as to whom a
determination has already been made to proceed with a prosecution in a federal or state court.
http://www.courthousenews.com/2012/02/29/NDAA-Fact-Sheet.pdf
This isn't perfect, and of course he can reverse it at any time with a new executive order, but it's something at least.
In addition, the President has decided to waive application of Section 1022 at the outset
in a number of specific situations where it serves our national security interests, including by
avoiding harm to our counterterrorism efforts. Specifically, as certified in the procedures issued
today, the President has determined it is in the national security interests of the United States to
waive the military custody requirement of Section 1022 in the following circumstances:
When placing a foreign country’s nationals or residents in military custody will impede
counterterrorism cooperation;
When a foreign government indicates that it will not extradite or transfer suspects to the
United States if the suspects may be placed in military custody;
When an individual is a U.S. lawful permanent resident who is arrested in this country or
arrested by a federal agency on the basis of conduct taking place in this country;
When an individual has been arrested by a federal agency in the United States on charges
other than terrorism offenses (unless such individual is subsequently charged with one or
more terrorism offenses and held in federal custody in connection with those offenses);
When an individual has been arrested by state or local law enforcement, pursuant to state or
local authority, and is transferred to federal custody;
When transferring an individual to military custody could interfere with efforts to secure an
individual’s cooperation or confession; or
When transferring an individual to military custody could interfere with efforts to conduct
joint trials with co-defendants who are ineligible for military custody or as to whom a
determination has already been made to proceed with a prosecution in a federal or state court.
http://www.courthousenews.com/2012/02/29/NDAA-Fact-Sheet.pdf
This isn't perfect, and of course he can reverse it at any time with a new executive order, but it's something at least.