The 2011 National Defense Authorization Act passed the Senate with an overwhelming majority yesterday. The bill funds the DoD but there is also a subsection that grants the president broad discretion in determining who will be classified as an ally of a terrorist group, and whether any such person can or should be granted a waiver.
In short, the language constitutes a verbal and legal thicket that could snag citizens who disagree with U.S. policy. The legislation’s flaws appear to us to be the product of confusion and indecision on the part of Congress and the administration, not a deliberate effort to curtail liberties under some new McCarthyism. But the phrasing makes it next to impossible for anyone to be certain. That in itself constitutes a serious risk to freedom.
Lawmakers and two administrations — from decidedly different political perspectives — have now had a full decade to get the details right when it comes to nabbing the nation’s enemies while guarding the liberties of U.S. citizens. This legislation does not achieve that balance. Congress should not approve, and the president should not sign, any legislation that falls short of that goal.
With policies, procedures and laws started under Bush and continued under Obama the Executive Branch is starting to look more and more like the "Royal Branch." Expect a lawsuit from the ACLU.
Comments (12)Subscribe to CommentsComment