It’s ironic that the Obama administration has attempted to maintain such strong executive branch authority during its first term. Lately, the administration has been stonewalling attempts to uncover what happened with Solyndra and Operation Fast and Furious. The administration has also hypocritically fought to protect executive authority on national security matters, and the latest battle between the administration and Congress over the National Defense Authorization Act is a fascinating example.
There is plenty of coverage and commentary about the story at the Lawfare blog, and Robert Chesney has provided the administration’s statement on the matter. The gist of the administration’s stance is this:
Broadly speaking, the detention provisions in this bill micromanage the work of our experienced counterterrorism professionals, including our military commanders, intelligence professionals, seasoned counterterrorism prosecutors, or other operatives in the field. These professionals have successfully led a Government-wide effort to disrupt, dismantle, and defeat al-Qa’ida and its affiliates and adherents over two consecutive Administrations. The Administration believes strongly that it would be a mistake for Congress to overrule or limit the tactical flexibility of our Nation’s counterterrorism professionals.
Any bill that challenges or constrains the President’s critical authorities to collect intelligence, incapacitate dangerous terrorists, and protect the Nation would prompt the President’s senior advisers to recommend a veto. [emphasis included in original statement]
The administration’s stance on the issue has senators from both parties frustrated.
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