Pentagon Spending Bill: Democracy Now

I ran a couple of reports on this story a few days ago where I asked the question: An attempt at the real thing, or just a scoping exercise? Perhaps I should have included: Or a crazy old man trying to get his own back for being shunned at the polls?

But which ever one it is, it begs the question, as McCain attempts through this bill, to hand supreme power to the military, just what kind of America would we be looking at now, if McCain had secured the White House in 2008?

For those not overly familiar with the scurrilous ways of US politics, the underhand slipping in of contentions provisions into a greater bill, then Google 'pork barrel' or 'earmarks' and apply the same principal and method to this Pentagon spending bill.

And although Obama says he would veto this provision, like the talking head says, I wouldn't want to rely too much on what Obama says. Well you wouldn't would you?

The Senate is set to vote this week on a Pentagon spending bill that could usher in a radical expansion of indefinite detention under the U.S. government. A provision in the National Defense Authorization Act would authorize the military to jail anyone it considers a terrorism suspect — anywhere in the world — without charge or trial. The measure would effectively extend the definition of what is considered the military’s "battlefield" to anywhere in the world, even within the United States. Its authors, Democratic Sen. Carl Levin of Michigan and Republican Sen. John McCain of Arizona, have been campaigning for its passage in a bipartisan effort. But the White House has issued a veto threat, with backing from top officials including Defense Secretary Leon Panetta, Director of National Intelligence James Clapper, and FBI Director Robert Mueller. “This would be the first time since the McCarthy era that the United States Congress has tried to do this,” says our guest, Daphne Eviatar of Human Rights First, which has gathered signatures from 26 retired military leaders urging the Senate to vote against the measure, as well as against a separate provision that would repeal the executive order banning torture. “In this case, we’ve seen the administration very eagerly hold people without trial for 10-plus years in military detention, so there’s no reason to believe they would not continue to do that here. So we’re talking about indefinite military detention of U.S. citizens, of lawful U.S. residents, as well as of people abroad.”

Transcript:

AMY GOODMAN: The Senate could vote as early as Wednesday on a Pentagon spending bill that could usher in a radical expansion of indefinite detention under the U.S. government. A provision in the National Defense Authorization Act would authorize the military to jail anyone it considers a terrorism suspect anywhere in the world without charge or trial. The measure would effectively extend the definition of what’s considered the U.S. military’s battlefield to anywhere in the world, even the United States. The measure’s authors, Democratic Carl Levin of Michigan and Republican Senator John McCain of Arizona, have been campaigning for its passage in a bipartisan effort. But, the White House has issued a veto threat with backing from top officials including Defense Secretary Leon Panetta, Director of National Intelligence James clapper, an FBI Director Robert Mueller. The measure was inserted into the full military spending bill after the Armed Services Committee quietly approved it without a single public hearing. Now Democratic Senate Majority Leader Harry Reid has set Wednesday as a procedural vote day to advance the legislation. For more we’re joined by Daphne Eviatar, Senior Associate with the Law and Security Program at Human Rights First. On Monday, Human Rights First released a letter from 26 retired military leaders urging the Senate to vote against the measure as well as against a separate provision that would repeal the executive order banning torture. Daphne Eviatar joins us in the studio today. Welcome to Democracy Now!. Explain exactly what this legislation is about.

DAPHNE EVIATAR: OK, first of all, the legislation is 680 pages long, and so one reason this has been able to get through so quietly is that the controversial provisions are just three or four provisions within this huge package. The ones that we’re particularly concerned about, are for—-specifically the one you mentioned about creating a system of indefinite military detention within the United States by statute. This would be the first time since the McCarthy era that the United States Congress has tried to do this. In the 1950’s, that was actually repealed before it was ever used. In this case have seen the administration very eagerly hold people without trial for 10 plus years in military detention, so there’s no reason to believe they wouldn’t continue to do that here. So we’re talking about indefinite military detention of U.S. citizens, of lawful U.S. residents as well as of people abroad.

AMY GOODMAN: Here in this country. U.S. citizens abroad as well as others abroad and others abroad in this country as well as U.S. citizens.

DAPHNE EVIATAR: Yes.

AMY GOODMAN: So, you’re picked up off the street and you have no trial.

DAPHNE EVIATAR: And it could be for things you’ve done here in this country. If you communicate with Al Qaeda, you’re suspected of being even a supporter of Al Qaeda in some way or of Al Qaeda’s associated forces. And the U.S. gets to decide who they think is associated with Al Qaeda, and that list grows longer almost every day.

AMY GOODMAN: Now again, suspected. This is not that you’ve been convicted.

DAPHNE EVIATAR: Suspected. And this is military custody without trial. So, this is for example what we have in Guantanamo Bay and at Bagram only you’re now expanding the battlefield, as you said, to the United States. And, explicitly, some members of congress have said recently, yes, the battlefield now is the United States as well and the U.S. military ought to be able to operate here as well.

And one other point, another very controversial provision in the bill and what the administration has particularly objected to, is the mandatory military custody provision which would say anyone suspected of terrorism in any way connected to Al Qaeda would have to be put into military custody. So, the government wouldn’t even have the option. So, all these FBI investigations that are thwarting terrorist attacks and local police investigations, immediately that would have to be turned over to the U.S. military, and that would become a military action here in the United States, on U.S. soil.

AMY GOODMAN: How is this constitutional? more

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