Obama: I Have The Power To Detain Americans… But I Won’t

NOTE: First, it should be remembered that the Obama White House pressured Congress to add the controversial language to the bill, according to Sen. Carl Levin.

Second, Signing Statements are not law, and are not a Constitutional power granted to the executive branch; any reassuring (or troubling) language within has no binding status– though it may shed light on the character of the chief executive and does signal a dangerous trend in de facto rule by “executive fiat”– and does not indicate any deviation of intent from the law as written.

From Wikipedia: the Constitution does not authorize the President to use signing statements to circumvent any validly enacted Congressional Laws, nor does it authorize him to declare he will disobey such laws (or parts thereof). When a bill is presented to the President, the Constitution (Art. II) allows him only three choices: do nothing, sign the bill, or (if he disapproves of the bill) veto it in its entirety.

Statement by the President on H.R. 1540:

Today I have signed into law H.R. 1540, the “National Defense Authorization Act for Fiscal Year 2012.” I have signed the Act chiefly because it authorizes funding for the defense of the United States and its interests abroad, crucial services for service members and their families, and vital national security programs that must be renewed. In hundreds of separate sections totaling over 500 pages, the Act also contains critical Administration initiatives to control the spiraling health care costs of the Department of Defense (DoD), to develop counter-terrorism initiatives abroad, to build the security capacity of key partners, to modernize the force, and to boost the efficiency and effectiveness of military operations worldwide.
The fact that I support this bill as a whole does not mean I agree with everything in it. In particular, I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists. Over the last several years, my Administration has developed an effective, sustainable framework for the detention, interrogation and trial of suspected terrorists that allows us to maximize both our ability to collect intelligence and to incapacitate dangerous individuals in rapidly developing situations, and the results we have achieved are undeniable. Our success against al-Qa’ida and its affiliates and adherents has derived in significant measure from providing our counter-terrorism professionals with the clarity and flexibility they need to adapt to changing circumstances and to utilize whichever authorities best protect the American people, and our accomplishments have respected the values that make our country an example for the world.

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