General Discussion
In reply to the discussion: He signed it. We’ll fight it. {ACLU} [View all]Historic NY
(40,045 posts)"But the president nonetheless used the signing statement to clarify that my Administration will not authorize the military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a Nation. My Administration will interpret Section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law."
This has everything to do with the language of Justice Sandra Day O'Connor's 5-4 majority opinion in Hamdi v. Rumsfeld, the 2004 Supreme Court decision which held that the due process clause of the Constitution prohibited the government from indefinitely detaining a U.S. citizen under military custody. The signing statement, like the language of Section 1021 itself, are designed to help shape the legacy of Hamdi the next time the matter comes before the justices. And there will be a next time.
http://www.theatlantic.com/politics/archive/2012/01/on-detainee-law-a-word-but-not-the-last-from-obama/250730/
Can we hand out some sedatives