Prior clauses

For transparency, here are prior clauses of the MCCRC NDAA/AUMF resolution which have been superseded or removed:

  1. Superseded, clarified: “WHEREAS, the NDAA’s detention provisions could allow the recurrence of torture in military detention in violation of the Eighth Amendment; AND”
  2. Superseded, clarified: “WHEREAS, the indefinite military detention of any person without trial violates … the Posse Comitatus Act;”
  3. Removed:  “WHEREAS, the FBI Director, the Defense Secretary, the Director of National Intelligence, the Department of Defense, and many of our nation’s generals, admirals, and servicemen and women have opposed the NDAA’s detention provisions;”

Notes on changes:

  1. “Could allow” was arguably readable as a claim that the NDAA itself statutorily permitted torture, which is not the case.  The clarifying statement illustrates ways in which torture is enabled by the NDAA’s indefinite detention provisions.
  2. The ACLU does not concede the argument about Posse Comitatus under the “clear statement” doctrine, and asked to substitute the “substantial public debate” formulation now in the resolution.
  3. The FBI Director continued to express concerns about the final version of the relevant sections of the NDAA, but other administration figures did not once President Obama indicated he would sign the bill.

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