[UPDATE - 7:23pm] The United States Senate passed the NDAA this evening by a vote of 86 to 13. It will now head to President Obama’s desk for approval.
As noted yesterday, House and Senate conferees were moving the National Defense Authorization Act (NDAA) forward to the final action in both chambers with compromise legislation that kept in controversial language that would allow for the indefinite detention of American citizens and legal residents of the United States.
Unfortunately, the House of Representatives passed the NDAA overwhelmingly last night by a vote of 283 to 136. You can see how your representative and the members of your state’s delegation voted here. It now heads to the Senate for final passage.
For those of you that are just now catching up on this, the House basically voted last night to suspend the right to due process, the right to a trial by a jury of an accuser’s peers, and the right to habeas corpus. And now that the so-called “war on terror” has been expanded to include not only al-Qaeda but also the Taliban and other “associated forces.” Given the war on terrorism has become an open-ended war with civil liberties being offered by Congress on the alter of the “national security,” this provision will be no doubt be abused; if not by this administration than the next.
It was also noted that the White House asked for the language, at least according to Sen. Carl Levin (D-MI). So it should come as no surprise that the White House has backed off veto threats of the NDAA:
The White House on Wednesday abandoned its threat that President Barack Obama would veto a defense bill over provisions on how to handle suspected terrorists as Congress raced to finish the legislation.
Press secretary Jay Carney said last-minute changes that Obama and his national security team sought produced legislation that “does not challenge the president’s ability to collect intelligence, incapacitate dangerous terrorists and protect the American people.”
Based on the modifications, “the president’s senior advisers will not recommend a veto,” the White House said.
Adam Serwer notes that despite all the assurances and revisions that have supposedly put the White House at ease, the NDAA is still bad news for Americans:
[Yesterday] I wrote that by making the mandatory military detention provisions mandatory in name only, the Senate had offered the administration an opportunity to see how seriously it takes its own rhetoric on civil liberties. The administration had said that the military detention provisions of an earlier version of the NDAA were “inconsistent with the fundamental American principle that our military does not patrol our streets.”
The revised NDAA is still inconsistent with that fundamental American principle. But the administration has decided that fundamental American principles aren’t actually worth vetoing the bill over.
The Constitution and Bill of Rights have meant little to Congress and the Bush and Obama administrations. Sadly, what little in the way of protected civil liberties were essentially cast aside last night. Our Founding Fathers are no doubt spinning in their graves.