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That appears to be the current position of the Senate, according to many legal analysts and some in Congress, unless President Obama vetoes the National Defense Authorization Act (NDAA) passed on Tuesday.
Two provisions that have survived heated debate in the massive NDAA, also called Senate Bill 1867, are causing these concerns. Once the House and Senate bills are reconciled, they will head to the President's desk to be signed into law, or struck down with the veto pen.
Comment: For readers who don't know, Obama did not veto the NDAA and signed it on New Years Eve.
The NDAA bill, which passed 97-3 in the Senate, would fund a huge swathe of military operations for 2012. But tucked into the bill are provisions dealing with detention of terrorism suspects that cut deeply into the Constitutionally-guaranteed rights of U.S. citizens in the post-9/11 era. Now referred to by some as the "indefinite detention bill," it has caused a firestorm of controversy from disparate corners of government and American society.
