
The Obama administration thinks many in the liberal blogosphere are mistaken in their belief that the National Defense Authorization Act (NDAA) signed by the president on New Year's Eve authorizes the indefinite detention of citizens captured on U.S. soil.
Many progressive and libertarians have argued that the NDAA codifies the president's ability to detain a U.S. citizen captured on American soil until the war on terrorism is declared over. The administration believes that the NDAA doesn't specifically allow for the indefinite detention of American citizens, but concedes that it doesn't specifically ban the practice either.
A senior administration official maintained in an interview with TPM that the NDAA "changes nothing" about the legal question of whether the government could allow for the indefinite detention of U.S. citizens captured in the United States.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Federal law enforcement officials had been worried about the "uncertainty" that a provision of the National Defense Authorization Act (NDAA) would create for agents dealing with a terrorist attack because of the plethora of qualifiers that would send a terrorist suspect into military custody. But the signing statement issued by President Barack Obama on New Year's Eve appears to indicate that it should be business as usual as the administration develops implementation rules for the new provisions over the next 60 days.
Officials like FBI Director Robert Mueller had worried that Section 1022 of the NDAA "lacks clarity" about how law enforcement officials should handle a suspected terrorist at the time of arrest. That section required individuals who weren't citizens or lawful U.S. residents who have had ties to al-Qaeda, the Taliban or "associated forces that are engaged in hostilities against the United States or its coalition partners" to be placed into the military system -- facts that could be difficult to determine right off the bat ("They don't wear al-Qaeda hats," one law enforcement official official told TPM.)
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)In the midst of the Fast and Furious scandal, the Obama administration just made it easier for immigrants in the United States legally to purchase weapons from licensed firearms dealers.
Under the Gun Control Act (GCA), individuals are generally prohibited from transferring firearms to "any unlicensed person who they know or have reasonable cause to believe does not reside in the State in which the transferor resides."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Attorney General Eric Holder confirmed speculation Wednesday that President Barack Obama would issue a signing statement when he makes the National Defense Authorization Act (NDAA) and its controversial detention provisions law.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)President Barack Obama's decision not to veto the National Defense Authorization Act over controversial and unclear provisions regarding the handling of certain kinds of terror suspects will leave law enforcement officials scrambling to rewrite the rules for how they respond to suspected terrorist incidents.
Once the bill is signed into law, the Obama administration will have 60 days to redraw rules on how everything will be implemented and try to clear up what the White House called the "uncertainty" that the law "will create for our counterterrorism professionals."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Despite concerns from the law enforcement community that provisions of the National Defense Authorization Act that direct terrorism suspects into the military system could hamper national security, the White House said Wednesday that President Barack Obama would not veto the legislation.
Claiming credit for last minute changes to the legislation, White House spokesman Jay Carney said in statement that the administration had "succeeded in prompting the authors of the detainee provisions to make several important changes, including the removal of problematic provisions" after "intensive engagement" by administration officials and Obama himself.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The Obama administration is continuing to review a compromise struck between the House and Senate on the National Defense Authorization Act that congressional leaders believe solves the issues over the detention of terrorism suspects that caused the White House to issue a veto threat. But civil liberties groups have already given the proposal their assessment, and they don't like what they see.
Sen. Carl Levin (D-MI) announced the changes Monday night, saying that the conference report "provides a number of additional assurances that there will be no interference with civilian interrogations or other law enforcement activities." A Justice Department spokesman told TPM they were still assessing the compromise, while a White House spokesman did not respond to a request for comment.
Civil liberties groups, on the other hand, contend the changes aren't enough. Take this language, added to the bill last night:
'Nothing in this section shall be construed to affect the existing criminal enforcement and national security authorities of the Federal Bureau of Investigation or any other domestic law enforcement agency with regard to a covered person, regardless of whether such covered person is held in military custody.'PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)
While House Republicans gear up to grill Attorney General Eric Holder about what-he-knew-when about ATF's botched Operation Fast and Furious at a House Judiciary Committee hearing on Thursday, the White House is signaling they're standing by the nation's top law enforcement officer.
"As the President has made clear, he believes Eric Holder is an excellent Attorney General who has his full confidence," White House spokesman Eric Schultz said in a statement to TPM on Wednesday.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)American troops may be leaving Iraq before the end of the year, but U.S. contractors aren't going anywhere soon.
ABC News reports that the State Department "is expected to have about 5,000 security contractors in Iraq as of January 2012 (they already have about 3,000 in country)." There will also be 4,500 "general life support" contractors to provide food and medical services.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)U.S. Immigration and Customs Enforcement (ICE) deported more illegal immigrants in fiscal year 2011 than in any other year in its history, the agency announced Tuesday.
Overall, the agency removed 396,906 individuals, nearly 55 percent (or 216,698) of whom had been convicted of felonies or misdemeanors, ICE said. That group included 1,119 illegal immigrants convicted of homicide and "5,848 aliens convicted of sexual offenses; 44,653 aliens convicted of drug related crimes; and 35,927 aliens convicted of driving under the influence," according to ICE.
"Smart and effective immigration enforcement relies on setting priorities for removal and executing on those priorities," ICE Director John Morton said in a statement.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Update, Oct. 14, 2:27PM: An appeals court has blocked certain provisions of the law.
It's "very clear" that Alabama's new anti-illegal immigration law is keeping children who are U.S. citizens out of school because their parents are scared about its impact, Assistant Attorney General Thomas E. Perez told reporters Friday.
U.S. Attorney for the Northern District of Alabama Joyce Vance also said that federal officials were "hearing some concerns about vigilante enforcement of the law by private citizens."
"I don't want to overstate, we have heard folks expressing concern that this will take place" but haven't heard any actual reports of such incidents, Vance said. "I never like to be behind crime, I'd like to be in front of it."
"We always maintain awareness and alertness of potential hate crimes, so you know when we say 'vigilanteism' that really means the same thing as the traditional work that we do ensuring that the hate crimes laws in this country are fully enforced," Vance said.
Perez said that they were reviewing some "very troubling data" from schools regarding absentee and dropout data since the law went into effect. He also said there were getting reports of increases in bullying in the wake of the law.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Here's some news for all the NRA members convinced that ATF's rifle reporting requirement in four border states is a diabolical plot by the Obama administration to crack down on the Second Amendment. ATF didn't consult the White House before they published an emergency request for a proposed rule requiring gun dealers in four border states to report bulk sales of semi-automatic weapons in the Federal Register.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)President Barack Obama last week told a radio audience that he's made sure the Justice Department is reviewing restrictive voting laws passed across the country. But as a practical matter, DOJ's reach is limited.
Sure, federal officials with DOJ's Civil Rights Division are reviewing voter ID laws passed in South Carolina and Texas because both states have a history of discrimination and are covered by Section 5 of the Voting Rights Act. DOJ told South Carolina in August that they need more info before making a decision and in September told Texas they have more questions.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)A panel of three federal judges ordered Texas not to move forward with redistricting plans for both congressional and state legislative seats until they are approved in court.
Justice Department lawyers have declared in court that they believe the congressional and statehouse redistricting plans signed into law by Gov. Rick Perry have been adopted at least in part for the purpose of "diminishing the ability of citizens of the United States, on account of race, color, or membership in a language minority group, to elect their preferred candidates."
They've argued that regardless of intent, the plans would have the effect of diminishing the ability of Hispanic voters to pick their preferred candidates.
A panel of three federal judges in San Antonio ruled that Texas should wait until the courts rule on the legality of the maps. In San Antonio, the panel of judges has heard testimony about the maps but hasn't ruled on their legality, while the D.C. panel -- charged with deciding whether to preclear the maps -- won't hold hearings for a month, according to the Texas Tribune. The court in San Antonio is handling a separate suit filed by opponents of the plan, while court in D.C. is handling the suit involving the Justice Department.
"According to the Texas Election Code, any changes that must be made in the county election precinct boundaries 'to give effect to a redistricting plan' must be finalized by October 1, 2011," the judges wrote, according to the Texas Tribune. "Because the redistricting plans have not been precleared ... all persons or entities that would otherwise have a duty under Section 42.032 of the Texas Election Code are relieved of those duties until further order of the Court."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The Justice Department's purchase of muffins at $16 a pop has resulted in the White House ordering all agencies and departments to review conference spending.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Updated: September 19, 2011, 4:27PM
The Justice Department said Monday that Texas' state House and congressional redistricting plans didn't comply with Section 5 of the Voting Rights Act (VRA), indicating they thought the maps approved by Gov. Rick Perry (R) gave too little voting power to the growing Latino population in the state.
Officials with DOJ's Civil Rights Division said the proposed redistricting plan for the State Board of Education (SBOE) and the state Senate complied with the Voting Rights Act, but indicated they had concerns with the state House plan and the plan for congressional redistricting.
The federal government "[denied] that the proposed Congressional plan, as compared with the benchmark, maintains or increases the ability of minority voters to elect their candidate of choice in each district protected by Section 5," DOJ lawyers write in a filing. "Defendants deny that the proposed Congressional plan complies with Section 5 of the Voting Rights Act."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)If part of the Obama campaign's strategy is to feed conservative conspiracy theories that Democrats will steal the 2012 election through voter fraud, the name they gave their new get-out-the-vote project is perfect. Otherwise, not so much.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)A leading human rights group is criticizing the Obama administration for failing to criminally investigate anyone from the Bush administration for approving the use of torture against detainees. They say that since the U.S. wouldn't act, the international community should step in.
The 107-page report from Human Rights Watch, "Getting Away with Torture: The Bush Administration and Mistreatment of Detainees," presents "substantial information warranting criminal investigations of Bush and senior administration officials, including former Vice President Dick Cheney, Defense Secretary Donald Rumsfeld, and CIA Director George Tenet, for ordering practices such as 'waterboarding,' the use of secret CIA prisons, and the transfer of detainees to countries where they were tortured," according to a press release.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Pretend you're angry that someone improperly leaked some details of a military survey that showed the vast majority of service members wouldn't care all that much about serving alongside gay troops. Say that disclosure was perfectly timed to jolt congressional support for repeal of the military's 'Don't Ask, Don't Tell' policy.
How do you get back? By leaking the Defense Department Inspector General's report on the leak of that survey to an anti-gay group that fought against the repeal of the 'Don't Ask' policy, of course!
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)John Yoo, the former Bush administration official whose view of executive power holds that the president has the power to order a child's testicles to be crushed and an entire village slaughtered, thinks President Obama is breaking with tradition by overruling his advisers at the Justice and Defense Department and deciding he didn't need permission from Congress to continue the military's involvement in Libya.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Lawmakers on Thursday offered two competing amendments to a bill addressing the anonymous flow of taxpayer money to third party political groups. One would have required disclosure of such donations, the other would ban the government from doing anything to shed any light on the financial flows.
Rep. Anna Eshoo (D-CA) said her amendment, which was ruled out of order, would "require that anyone that receives an appropriation, a contract, doing business with the federal government produce full disclosure relative to political expenditures." She said it would eliminate "a dark corner of our system that is not being addressed."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Campaign finance reformer advocates aren't only facing setbacks in federal courtrooms -- they're also getting beat on the messaging war with Republicans over a proposal to make federal contractors disclose their donations to third-party groups.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Republicans are working on multiple fronts to stop President Barack Obama from making companies bidding on federal contracts disclose their donations to third-party political groups.
The chairmen of the House Oversight Committee and the Small Business Committee have introduced legislation that would ban the federal government from collecting or using information about the political expenditures of federal contractors, allowing them to keep their political donations to third party groups secret. Yesterday, the House passed an amendment to the 2012 defense bill which would prevent federal agencies from collecting such data.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)As had been expected, some former Obama White House aides launched twin groups, Priorities USA and Priorities USA Action, on Friday, set up to accept the same kind of anonymous donations that Democrats criticized Republicans for accepting in the last election cycle.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)As House Oversight Committee Chairman Darrell Issa (R-CA) probes Project Gunrunner -- the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) effort aimed at combating gun trafficking on the Mexican border that went awry -- the Obama administration is seeking another round of comments on a controversial proposal to make gun dealers in four border states report sales of multiple rifles.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)A coalition of pro gun-control groups met with Obama administration officials at the Justice Department Tuesday to discuss ways to prevent gun violence.
The meeting at DOJ headquarters, the first in a series of meetings the administration is trying to schedule to address the issue, was led by Christopher H. Schroeder, Assistant Attorney General for DOJ's Office of Legal Policy. Representatives of the White House, the Vice President's office, the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were also in attendance.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The big question following the Obama administration's announcement that it would not argue in support of the Defense of Marriage Act is whether Congress (or individual members of the House or Senate) would step in to defend the law themselves.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The Obama Justice Department has decided that part of the Defense of Marriage Act is unconstitutional and will not defend the 1996 law forbidding the government from recognizing same-sex marriage in federal court.
"After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny," Attorney General Eric Holder said in a statement.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Former ambassador to Luxembourg Cynthia Stroum -- a big-time Obama donor who was criticized in an inspector general's report for treating her staff poorly, obsessing over a bathroom remodeling, improperly spending money, wasting employees' time and propelling "Embassy Luxembourg to a state of dysfunction" -- says she's proud of her work.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)The now-former U.S Ambassador to Luxembourg, Cynthia Stroum, had members of the small staff of the embassy spend the majority of their time on the important task of finding her a temporary residence that met her high standards; made refurbishing the bathroom at the ambassador's residence a top personal priority; told them that she could snoop on their e-mails; and left her office so demoralized that some top staffers volunteered to serve in two war zone embassies rather than continue to work under her leadership.
That's all according to a State Department Inspector General report, which concludes that Stroum's "confrontational management style, chronic gaps in senior and other staffing caused by curtailments, and the absence of a sense of direction have brought major elements of Embassy Luxembourg to a state of dysfunction."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)After ignoring the issue of gun control for his entire presidency to date, aides to President Barack Obama said Wednesday he'd take up the issue within the next few weeks. Even former Vice President Dick Cheney has said he'd be okay with banning high-capacity clips in the wake of the mass shooting that nearly killed Rep. Gabrielle Giffords (D-AZ) and left six others dead.
But there's a whole other lot of Second Amendment supporters who, instead of discussing middle-of-the-road measures to curb gun violence, are advocating to rescind or roll back even current restrictions.
In state legislatures around the country, conservatives lawmakers are introducing some of the most enthusiastic right-to-bear-arms bills to date. Here's TPM's round up.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)President Barack Obama on Wednesday appointed two new commissioners to the U.S. Commission on Civil Rights, a federal agency best know recently for its partisan focus on investigating the New Black Panther Party voter intimidation case. The White House's move will rebalance what was intended to be a bipartisan panel which came under conservative control thanks to a move during the Bush administration to "game" the system.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (2)To the dismay of groups hoping the White House would take the lead on proposed legislation to ban high-capacity extended magazines in the wake of the shooting of Rep. Gabrielle Giffords (D-AZ), President Barack Obama did not mention gun control in his State of the Union address on Tuesday night.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The Obama administration's apparent plan to draft an indefinite detention policy with periodic reviews of evidence against dozens of prisoners held at Guantanamo Bay shouldn't come as a surprise, a lawyer with the Center for Constitutional Rights told TPM in an interview. But they are concerned that it could result in less transparency for lawyers and other observers -- and it could mean that more detainees will face a lifetime of imprisonment with no chance to review the evidence against them or appeal the decisions made about them.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Rep. Jerrold Nadler (D-NY) said Wednesday that President George W. Bush's recent admission that he approved the waterboarding of Khalid Sheikh Mohammed was "a smoking gun" and renewed his call for Attorney General Eric Holder to appoint a special prosecutor to investigate torture.
But Nadler, the current chair of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, doesn't expect Holder to act.
"Judging by the record of this Attorney General, he will not pay attention, he will not respond," Nadler said in an interview on MSNBC on Wednesday. "And that is shameful."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)Reps. Darrell Issa (R-CA) and Lamar Smith (R-TX) have been attacking the Obama administration since pretty much the day Barack Obama took office. Until now, as just the ranking members of two powerful House committees and members of the minority party, their criticisms of administration officials and their decisions have been mostly limited to issuing press releases.
Now -- as the expected chairmen of the House Committee on Oversight and Government Reform and the House Judiciary Committee, respectively -- they're the proud new holders of subpoena power, will have a much more robust unit of investigators and will likely be a huge thorn in the side of President Obama and his top cabinet members.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Hollywood, get ready. Erik Prince -- the chairman of the controversial private security firm formerly known as Blackwater -- is shopping a memoir and has worked on a script that would provide enough material for several movies The Washington Post's Spy Talk Blog reported Friday.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)A new report by a coalition of 70 government watchdog groups found that the backlog of Freedom of Information Act requests has gone down by 40 percent during the first nine months of the Obama administration.
But the report also notes that the declassification system continues to fall further behind, and addresses "looming secrecy problems" that the Obama administration should address. The report does not measure the impact of the White House's Open Government Initiative.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)In fairness, Barack Obama never said he wanted to quit Blackwater. But it's still notable that the troubled firm made famous by helping to fight George W. Bush's wars has become a permanent part of the U.S. foreign policy tableau, with news of two big contracts issued to the firm by the Obama Administration in recent weeks.
CIA chief Leon Panetta, whose agency's $100 million contract with Blackwater for security in Afghanistan was recently revealed, explained on ABC Sunday (emphasis ours):
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (4)Gerald Walpin, the AmeriCorps inspector general who sued after being fired by the Obama Administration last year, has lost a round in court, Politico reports.
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