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Does a 2011 law give the president authority to detain domestic political rivals?

Friday, November 27, 2020
By Christopher Hutton
NO

A 2011 defense bill "affirming" that the U.S. can indefinitely detain certain terrorism suspects without trial does not have language allowing use of its provisions against other unspecified domestic adversaries.

The bill's Section 1021 names as "covered persons" those involved in the 9/11 attacks or those associated with "al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States."

The bill's language was controversial at the time. When signing, President Obama noted it didn't apply to U.S. citizens, legal residents or others detained in the U.S., and stated that he wouldn't use its provisions to authorize the indefinite detention of U.S. citizens without a trial. The American Civil Liberties Union noted that the limitation would not necessarily have to be respected by his successors, and called for the provisions to be repealed.

This fact brief is responsive to conversations such as this one.
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