Date: Dec. 2nd, 2011 08:07 pm (UTC)From: [personal profile] digitalsidhe
digitalsidhe: (angel on guard)
Yeah, that's a good approximation of how I feel about it, too. That and, "Make sure their constituents remember this when they come up for re-election. Nail them to the wall with this vote. Crucify them with it."

Also: I would be even more terrified if Obama hadn't vowed to veto it... and even before that, there's the hurdle of harmonizing it with the House measure, which (AFAIK) doesn't have the evil clauses.

Also: I take some small satisfaction in the knowledge that neither of our senators voted for it, and one of them even went to some effort to try to get an amendment passed to strip that language. (DiFi? Did something right for once? Woah!)

Date: Dec. 3rd, 2011 09:07 am (UTC)From: [personal profile] baphnedia
baphnedia: (Default)
Oh, the 60-38 vote was on Tuesday, Nov 29th vs Rand Paul's (R-Tenn) attempt to amend the provisions. On Thursday, Dec 1st, the Senate DID amend the provisions such that US Citizens and legal aliens are excluded.

The good: The amended National Defense Authorization Act then passed the Senate 93-7. Habeas corpus is not suspended for most of us.
The bad: The 2004 case of Hamdi vs Rumsfeld (2004), the Supreme Court established precedent that at they can suspend habeas corpus when they are acting against a threat to the United States.
The intent: The original intent to suspend habeas corpus for all was to change the laws to reflect the Supreme Court's 2004 ruling. In order to make use of the power that the Supreme Court gave the Executive Branch in that ruling, the laws would need to be changed, which is what McCain and Levin sought to do.

Hope this helps. A lot of folks stopped looking for updates on Tuesday, and sensational media has been having a field day with this.

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