If you're like me, you've been looking for some definitive analysis of exactly what Congress did regarding the detainee policy in the conference report (final bill) on the National Defense Authorization Act (NDAA) that was passed by the House 283-136 on December 14 and by the Senate 86-13 on December 15.
The best thing I've found so far is "The Truth About the New Detainee Policy" by Rep. Justin Amash (R-Mich.) posted earlier today. In this article Rep. Amash states:
On Thursday, Congress gave the President sweeping new power to detain American citizens indefinitely, without charge or trial. A provision in the National Defense Authorization Act (NDAA) empowers the President to detain anyone who “substantially supported” groups he determines are “associated forces” of terrorists.
In short, after all of the hoopla during the past couple weeks about the revision of detainee policy by Senate Amendment and further revisions in the House-Senate conference committee, Congress still did not fix the unconstitutional detainee policy in the final NDAA bill. Read Amash's article for further details.
Rep. Amash pledges to remedy this situation: "Over the next few months, I hope to join others who value our country’s constitutional rights to block the NDAA’s dangerous detention provision."
Contact your Representative and Senators now to urge them to join with Rep. Amash in 2012 to work to repeal the NDAA's dangerous detention provision.