After a long battle over one section of the latest National Defense Authorization Act, President Obama signed the bill into law today - but with a signing statement. The statement, which can be read in full here, clarifies why Obama signed the bill and how the controversial provisions on indefinite detention will be treated. Although Obama says in the statement that he does not agree with the entire bill, passing it is necessary to maintain the operation of our military. He also added that the indefinite detention provision (section 1021) just codifies how our military currently operates rather than changing anything, and that "my Administration will not authorize the indefinite military detention without trial of American citizens."
While the indefinite detention provisions included in this act do echo similar measures included in the 2001 AUMF, many civil liberties groups were concerned that this section could be grounds for a more expansive interpretation of those powers that could allow for arrests of U.S. citizens without a trial. While the signing statement is not technically legally binding, it does give intent for how the section should be interpreted by future courts, and in all likelihood will ensure that section 1021 only applies to enemy combatants. It's not perfect, but it is a lot more efficient than vetoing the bill and restarting the legislative process.
The signing statement and its assurance that the Obama Administration will not apply section 1021 to U.S. Citizens may do very little to assuage the fears of civil libertarians who fear that this law sets a dangerous precedent for future administrations. While the President did successfully campaign to have some of the more aggressive detention provisions removed (such as a military custody requirement for U.S. citizens suspected of terror), the continued existence of this provision has allowed the story to survive.
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[BREAKING: Obama Signs Defense Authorization Bill]
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