Looks Good in Headlines

The U.S. Senate approved an amendment on Thursday that strips a controversial provision from the 2012 National Defense Authorization Act that allows the “indefinite detention” of American citizens within the U.S. by the military.

The amendment passed by a vote of 67 to 29. All but four of the Senators who voted against civilian trials for Americans were Republicans. Sens. Joe Manchin (D-WV), Ben Nelson (D-NE) and Mark Pryor (D-AR) crossed over to oppose the amendment, and they were joined by Joe Lieberman (I-CT).

The amendment reads: “An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such detention.”

  Raw Story

Ah, the loophole.

A similar amendment put forward by Sen. Dianne Feinstein (D-CA) in 2011 failed to clear the Senate by a vote of 45 to 55. In that vote, 11 Democrats crossed over to oppose civilian trials for American citizens.

Leaving us to ponder what changed. Not that many Senate seats changed hands. Changes of heart? Conscience? Money? Favors? Or just the erratic flight of unprincipled men (and women: Claire McCaskill, Mary Landrieu and Debbie Stabenow) chasing a shiny object?   Perhaps it was the loophole.  Was that in the 2011 proposal?  If you don't know, that's more work for me, you realize?  I understood it to allow the Supreme Court to make the decision, not Congress.  I could be wrong.  So you might want to try to figure that one out yourself if you don't already have a good understanding of the bullshit as it was thrown back then.

...but hey, do what you want...you will anyway.

The 2011 Feinstein proposal Nays: