Detainee Language In Defense Bill Irks Pentagon's Top Lawyer

By Lisa Kellman

Defense Department General Counsel Jeh Johnson spoke out Tuesday against provisions of the National Defense Authorization Act’s (NDAA) that would force give the military full control of handling suspected terrorists.

The Senate and House have each drafted versions of the 2012 NDAA, the primary funding bill for the Department of Defense, and while there is broad agreement on the major issues, the detainee-related provisions inserted by Republicans are a point of contempt.

The provisions would amend the 2001 Authorization for Use of Military Force (AUMF) Act that gave the president increased authority to capture and prosecute suspected terrorists. The new policies proposed would restrict transfer of detainees out of U.S military prisons and force civilian governments to turn over terror suspects to the U.S. military.

Johnson, who spoke at The Heritage Foundation, argued that pending legislation from Congress will “limit the executive branch’s and military’s counterterrorism options, complicate our efforts to achieve continued success and will make military detention more controversial, not less.”

Johnson recommended a “less controversial, more credible and sustainable legal framework” similar to that afforded by the AUMF.

The Washington Post has more on the story…