The National Defense Authorization Act of 2012 (NDAA) was passed by Congress and signed into law by the president on New Year’s Eve of 2011. Activists and other critics charge that the NDAA authorizes the indefinite military detention of U.S. citizens, but supporters counter that the law entails no new powers of detention for the federal government.
In a sense, both sides are right.
David Mura is a poet, creative nonfiction writer, critic, playwright, and performance artist. A Sansei or third-generation Japanese American, Mura has written two memoirs: Turning Japanese: Memoirs of a Sansei (Grove-Atlantic), which won a 1991 Josephine Miles Book Award from the Oakland PEN and was listed in the New York Times Notable Books of Year, and Where the Body Meets Memory: An Odyssey of Race, Sexuality and Identity (1996, Anchor/Random). Mura’s third and most recent book of poetry is Angels for the Burning (2004, Boa Editions Ltd.). His novel, Famous Suicides of the Japanese Empire, will be published in 2009 by Coffee House Press. E. Ethelbert Miller: As a well known Japanese-American writer, do you find yourself looking over your shoulder at economic, political, and cultural events taking place in Japan today?
James Moran (D-VA) has been in the House of Representatives since 1991. In 2002, he was one of 133 House members to vote against authorizing the invasion of Iraq. Most recently, he has proposed holding hearings in July on closing the detention facilities at Guantanamo Bay, Cuba, that currently holds several hundred detainees. FPIF contributor Michael Shank interviews him on the implications of his position on Guantanamo.
Just a few years ago, the United States could hold its head high for the freedoms enjoyed by those residing within its borders as well as its energy, leadership, and openness and compassion. Today we are fast becoming a closed society, suspicious not only of “outsiders” but of many within our borders who are in some way “not like us.” The lists of our freedoms have turned into lists of our enemies, giving them an unmerited significance that in turn diminishes the country’s international standing. Persuasion has been replaced by coercion, honor sacrificed to a corrupted “duty,” and morality to expediency.
Guantanamo, CIA secret prisons, and Abu Ghraib represent the first round of the Bush administration’s assault on constitutional guarantees. Now they’ve introduced Round Two with an attack on habeas corpus: the right to Âpresent one’s body before an impartial interlocutor to contest the basis for unexplained, secret, or wrongful incarceration. Habeas corpus is the oldest civil right in the western world and the foundation of constitutional democracy.