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After a full weekend of secret meetings, negotiators on the Defense Authorization bill conference committee have drafted a final version that retains the authority for the military to indefinitely maintain terrorism suspects, including U.S. citizens, without charge or trial while attempting to address the concerns of the President that prompted a veto threat. The final bill is set to be approved by the House and the Senate this week.

 

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With the House having voted 406-17 to "close" portions of the meetings and avoid public scrutiny, members from both chambers and both parties are meeting in a secretive conference committee to work on reconciling the differences between the House and Senate versions of the bill. On the military detention provision, their main task is going to be to find a solution that can pass both chambers (again) and not draw a veto from President Obama.

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Read the Military Detention Bill

November 29, 2011 - by Donny Shaw

The 2012 Defense Department Authorization bill that the Senate is working on this week contains a provision that would authorize the U.S. military to indefinitely detain, without charge or trial, anyone they consider to be engaged in hostilities against the United States. The provision would not restrict military detentions to people in specific countries or regions of the world and would apply to U.S. citizens living within the United States. 

With the social uprisings taking place around the world, including the Occupy movement, the relevant and important question here is if this could be used to attempt to justify military suppression of constitutionaly-protected political activity. Could the military use this to power to essentially disappear U.S. citizens with inconvenient views? As always, it's not the intention of the legislators that ultimately matters, it's the legislative text and it's interpretable potential for as long as it may stand as law. Therefore, I'm posting the legislative text of the provision below for you to read for yourself:

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