Citizens face Guantánamo without charge now

The Guardian:

Defence funding bill allows American citizens to be arrested as terrorists on home soil and held indefinitely without trial

Human rights groups accused the president of deserting his principles and disregarding the long-established principle that the military is not used in domestic policing.

The law, contained in the defence authorisation bill that funds the US military, effectively extends the battlefield in the "war on terror" to the US and applies the established principle that combatants in any war are subject to military detention.

The legislation's supporters in Congress say it simply codifies existing practice, such as the indefinite detention of alleged terrorists at Guantánamo Bay. But the law's critics describe it as a draconian piece of legislation that extends the reach of detention without trial to include US citizens arrested in their own country.

"It's something so radical that it would have been considered crazy had it been pushed by the Bush administration," said Tom Malinowski of Human Rights Watch. "It establishes precisely the kind of system that the United States has consistently urged other countries not to adopt. At a time when the United States is urging Egypt, for example, to scrap its emergency law and military courts, this is not consistent."

But on Wednesday the White House said Obama had lifted the threat of a veto after changes to the law giving the president greater discretion to prevent individuals from being handed to the military.

Critics accused the president of caving in again to pressure from some Republicans on a counter-terrorism issue for fear of being painted in next year's election campaign as weak and of failing to defend America.

Human Rights Watch said that by signing the bill Obama would go down in history as the president who enshrined indefinite detention without trial in US law.

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