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Comment: I don't think that striking

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I don't think that striking

I don't think that striking those sections would have been sufficient to dissuade the president. Not at this point.

President Obama believes his authority to detain American citizens without trial originates from PUBLIC LAW 107–40, “Authorization for Use of Military Force” (AUMF), which was signed into law by President Bush on September 18, 2001.

NDAA 2012 didn't establish his authority to detain. The controversy that ensued pertained to language in the original senate version of the bill (S. 1253 Section 1031 & 1032) that would have removed the presidents authority to detain anyone he desired.

S. 1253, Section 1031, Subsection d [PDF]
(d) CONSTITUTIONAL LIMITATION ON APPLICABILITY TO UNITED STATES PERSONS.—The authority to detain a person under this section does not extend to the detention of citizens or lawful resident aliens of the United States on the basis of conduct taking place within the United States except to the extent permitted by the Constitution of the United States.

November 17, 2011 - Senator Carl Levin:
“We were delayed in getting this year’s bill to the Senate floor by two issues that have arisen since the time the Armed Services Committee approved the first version of this bill, S. 1253, in late June.

“The administration and others expressed misgivings about the detainee provisions in the initial bill, although the provisions in our initial bill represented a bipartisan compromise that was approved by the committee on a 25-to-1 vote. Many of these concerns were based on misinterpretations of the language in that bill; nonetheless, we have worked hard to address these concerns.”

“…the new bill would modify the detainee provisions to address concerns and misconceptions about the provisions in our initial bill. In particular, the new bill first modifies section 1031 of the bill, as requested by the administration, to assure that the provision that provides a statutory basis for the detention of individuals captured in the course of hostilities conducted pursuant to the 2001 authorization for use of military force, the AUMF, to make sure that those provisions and that statutory basis are consistent with the existing authority that has been upheld in the courts and neither limits nor expands the scope of the activities authorized by the AUMF.”

It was the president who demanded the language in section 1031 be removed to protect his authority to detain anyone he wanted.

His New Years eve signing statement provided more evidence to this fact.

Public perception was that Obama had reservations about the 2012 NDAA because it allowed the indefinite detention of US citizens. This was not the case. The truth was exactly the opposite.