On November 16 the Senate Armed Services Committee unanimously approved a controversial provision of the National Defense Authorization Act for 2012 that sets forth procedures for processing and prosecuting individuals imprisoned on suspicion of being members of al-Qaeda. By a vote of 26-0, the committee granted power to the U.S. Armed Forces to exercise complete control over all custodial matters related to the treatment of those detained for suspected belligerent behavior in the War on Terror.
Another aspect of the clause in question makes Attorney General Eric Holder the final arbiter of whether suspects are tried in federal district courts or before military tribunals.
Rancorous debate over the various provisions contained in the bill have raged for months, but all argument was finally quelled by an accord reached by committee Chairman Senator Carl Levin (D-Mich.)Levin and ranking GOP committee member John McCain (R-Ariz.).
Despite the bipartisan support for the measure, President Obama has promised to veto the bill over his disagreement with the delegation of power over the cases of detainees.
The White House has repeatedly affirmed its desire that the Federal Bureau of Investigation (FBI) should have plenary power over the disposition of issues related to the custody and prosecution of all terror suspects detained domestically.
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Photo of Guantanamo: AP Images