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Recall that the National Defense Authorization Act (NDAA), allowing indefinite military detentions of US citizens without trial, was signed into law on Dec. 31, 2011.
The bill appears to have been Senator McCain's baby. Many have blamed President Obama for signing the bill, without telling us that it was pushed primarily by the War Party.
On February 28, President Obama stripped this bill of some of its worst features, and this upset Senator McCain so badly that he wrote Obama a letter, saying,
"Following a lengthy and intense debate on provisions in the FY 2012 NDAA regarding detention in military custody of suspected terrorists, Congress and the Administration reached a bipartisan agreement that is reflected in Public Law 112-81 enacted on December 31, 2011. However, on February 28, 2012, the President issued a Presidential Policy Directive that effectively eviscerated major sections of that law, clearly contradicting the letter and spirit of the law."
http://images.politico.com/global/2012/03/120329_mccainletter.html
Fortunately for that tattered Constitution, McCain did not win the election a few years ago. If he had won, we would already be in a war with Iran, and many American citizens would be more or less permanent residents of Guantanamo awaiting their trial date in about 40 years.
The President's reluctance to send citizens to Guantanamo is made clear by the senator's fury and indignation. The real question is if the conservative, Constitutionally-minded Republicans in Arizona will praise their senator as a statesman or reprimand him as a Nazi.