The National Defense Authorization Act (NDAA) for Fiscal Year 2012 was passed by both houses and is now going to be signed into law despite previous announcements that it would be vetoed by President Obama.
The bill requires military treatment for foreign terrorism suspects. Defenders of the bill have pointed to one part of the provisions that say U.S. citizens are "exempted" from the requirement to be detained by the military, but legal scholars note that even though that detention is not required, it is allowed.President Obama had threatened to veto the measure. But after provisions were added that gave him the final say over which suspects stay in military custody, he relented. Those provisions also ensured that the FBI and other law enforcement agencies would still be permitted to investigate and interrogate terrorist suspects. Mueller has called the provisions insufficient, warning that they will create bureaucratic roadblocks in the midst of vital investigations.
The Huffington Post: Indefinite Military Detention Measure Passes On Bill Of Rights Day, December 15, 2011
Citizens who are suspected of joining Al Qaeda are opening themselves up “to imprisonment and death,” Mr. Graham said, adding, “And when they say, ‘I want my lawyer,’ you tell them: ‘Shut up. You don’t get a lawyer. You are an enemy combatant, and we are going to talk to you about why you joined Al Qaeda.’ ”
NY Times (The Loyal Opposition. From the Desk of Andrew Rosenthal): President Obama: Veto the Defense Authorization Act, November 30, 2011
ACLU: Senate Poised to Pass Indefinite Detention Without Charge or Trial, December 1, 2011