Source:
Lawfarehttp://www.whitehouse.gov/sites/default/files/omb/legislative/sap/112/saphr1540r_20110524.pdfWhite House Threatens Veto on the Defense Authorization Act, Citing Detention and AUMF Related Provisions
by Robert Chesney
Very interesting. The six-page Statement of Administration Policyrelating to HR 1540, the proposed National Defense Authorization Act for FY 2012, is here. There are many objections, requests, and veto threats here, most of which concern matters beyond the scope of this blog. But then on page 2 we have this:
Detainee Matters:
The Administration strongly objects to section 1034 which, in purporting to affirm the conflict, would effectively recharacterize its scope and would risk creating confusion regarding applicable standards. At a minimum, this is an issue that merits more extensive consideration before possible inclusion.
The Administration strongly objects to the provisions that limit the use of authorized funds to transfer detainees and otherwise restrict detainee transfers and to the provisions that would legislate Executive branch processes for periodic review of detainee status and regarding prosecution of detainees.
Although the Administration opposes the release of detainees within the United States, Section 1039 is a dangerous and unprecedented challenge to critical Executive branch authority to determine when and where to prosecute detainees, based on the facts and the circumstances of each case and our national security interests. It unnecessarily constrains our Nation’s counterterrorism efforts and would undermine our national security, particularly where our Federal courts are the best – or even the only – option for incapacitating dangerous terrorists. For decades, presidents of both political parties – including Presidents Ronald Reagan, George H.W. Bush, Bill Clinton, and George W. Bush – have leveraged the flexibility and strength of our Federal courts to incapacitate dangerous terrorists and gather critical intelligence. The prosecution of terrorists in Federal court is an essential element of our counterterrorism efforts – a powerful tool that must remain an available option.Read more:
http://www.lawfareblog.com/2011/05/white-house-threatens-veto-on-the-defense-authorization-act-citing-detention-and-aumf-related-provisions/
MORE:
Obama Administration Threatens Veto of Defense Bill Over Redefinition of AUMF
http://news.firedoglake.com/2011/05/24/obama-administration-threatens-veto-of-defense-bill-over-redefinition-of-aumf/Obama Opposed to Being Given Total War Power
Wednesday, 25 May 2011, 12:46 pm
Article: David Swanson
http://www.scoop.co.nz/stories/WO1105/S00585/obama-opposed-to-being-given-total-war-power.htm