Posted@ the Huffington Post 01/03/2013 11:33 am EST | Updated: 01/04/2013 9:15 am EST: ….Obama also allowed provisions of the law that require his administration to place certain terrorism suspects into military custody to stand without comment, though the administration’s interpretation of that section of the law renders it nearly irrelevant. Under procedures released by the White House in February, the military custody requirement can be waived in a wide variety of cases, including if the suspect’s home country objects to military custody; if the suspect is arrested for conduct conducted in the U.S.; and if the suspect is originally charged with a non-terrorism offense. The administration also claimed the military custody requirement didn’t apply in cases where the suspect was originally arrested by state or local law enforcement, when a transfer to military custody could interfere with efforts to secure cooperation or confession or when a transfer would interfere with a joint trial.
Obama’s signature caps an intense sequence of events for opponents of indefinite detention. In November, a bipartisan group of senators amended their chamber’s NDAA bill to prohibit the military from detaining American citizens on American soil. But when the House and Senate met to reconcile their versions of the NDAA, that amendment was stripped out behind closed doors.
“The president seemed to have nothing to say about that,” Buttar said. “The whole process, quite frankly, was a reflection of the worst parts of Washington — the institutional dysfunction, the lack of historical memory, the unwillingness to consider relatively limited reforms that would make these powers responsible and limited.”
Outside of Congress, civil liberties groups are pushing forward with a lawsuit against the indefinite detention provisions of the NDAA on the grounds that they are unconstitutional. Supreme Court Justice Ruth Bader Ginsburg denied their efforts to reinstate an injunction against indefinite detention on Dec. 14, but the case against the law is still proceeding in the Second Circuit Court….