Letter from Senator Ben Nelson Explaining NDAA

[Major Nikon]

27. That's a big "If"

For one thing, he alludes to the purpose of the NDAA was to reel in the war powers available to the President. Nothing could be further from the truth. If Obama hadn't issued a veto threat, the legislation would have REQUIRED everyone to be detained indefinitely by the military with no trial who was arrested under the provisions of the act. Furthermore the current legislation threw out the tieback to 9/11 contained in the AUMF, so it's closer to the truth to say that the NDAA guarantees these powers indefinitely, rather than just the temporary intent of the AUMF.

He claims the authorization to indefinitely hold US citizens by the military has existed for "many years." What he doesn't say was that this authorization was given during the rampant hysteria following 9/11. One would think we are a bit older and wiser 11 years later given the abuse of power orchestrated by the Bush administration, and the diminished nature of a persistent and ongoing threat of terrorist attack.

He alludes to the legislation requiring "safeguards" that protect the right to habeas corpus of the accused. That was done by the USSC decision, not by this legislation.

In short, Nelson claims this legislation does nothing that wasn't already allowed. If that's true, then why was it written in the first place. Clearly the intent of this legislation is to permanently codify "war powers", even though we are not at war.