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Profile: James R. Clapper Jr.
James R. Clapper Jr. was a participant or observer in the following events:
The National Military Joint Intelligence Center. [Source: Joseph M. Juarez / Defense Intelligence Agency]Lieutenant Colonel Mark Stuart, an intelligence officer at NORAD’s Northeast Air Defense Sector (NEADS), calls the National Military Joint Intelligence Center (NMJIC) at the Pentagon regarding the hijacking of Flight 11, but the center is unable to provide him with any more information than he already has. [9/11 Commission, 10/30/2003 ] NEADS was alerted to the hijacking of Flight 11 at 8:37 a.m. (see (8:37 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 20] Stuart now calls the Air Force desk at the NMJIC about it. [9/11 Commission, 10/30/2003 ] The NMJIC, located in the Joint Staff area of the Pentagon, constantly monitors worldwide developments for any looming crises that might require US involvement. [Washington Times, 9/25/1997; Joint Chiefs of Staff, 2/6/2006] It “forms the heart of timely intelligence support to national-level contingency operations,” according to James Clapper, a former director of the Defense Intelligence Agency. And during a crisis, it “serves as a clearinghouse for all requests for national-level intelligence information.” [Joint Forces Quarterly, 3/1994 ] However, Stuart will later recall that the NMJIC can provide him with “no additional relevant information” on the hijacking. Stuart then calls Robert Del Toro, an intelligence officer with the 1st Air Force at Tyndall Air Force Base, Florida. But, Stuart will say, the 1st Air Force also has “no further information” about the hijacking. [9/11 Commission, 10/30/2003 ]
President Obama signs a controversial bill passed by Congress (see December 15, 2011), which gives the president power to order indefinite military detention for anyone deemed an enemy combatant, including US citizens arrested or captured in the United States. Obama had threatened to veto the 2012 National Defense Authorization Act (NDAA) on a number of occasions, but once certain restrictions on presidential authority were removed, he became willing to sign it. For instance, the original version of the bill required that persons covered by the bill be held prisoner by the military and prosecuted by military tribunals, if at all. Obama was of the view that by requiring military detention, Congress was intruding on areas under the purview of the executive branch, and in ways that would impede the ability of the executive branch to effectively gather intelligence, fight terrorism, and protect national security. He also believed the bill was unnecessary and potentially risky in order to codify detention authority, and that the president already had authority, via the 2001 Authorization to Use Military Force (AUMF) and subsequent court rulings, to unilaterally designate persons, including US citizens, as enemy combatants and subject them to indefinite military detention without trial. [White House, 12/31/2011; Salon, 12/15/2012] For the same reasons, Secretary of Defense Leon Panetta, CIA Director David Petraeus, FBI Director Robert Mueller, Director of National Intelligence James Clapper, White House Advisor for Counterterrorism John Brennan, and DOJ National Security Division head Lisa Monaco were also opposed to the mandatory military detention provisions. [ACLU, 12/7/2011] Also, according to Senator Carl Levin (D-MI), a sponsor of the NDAA, “[L]anguage which precluded the application of section 1031 [1021 in the final bill] to American citizens was in the bill we originally approved in the Armed Services Committee, and the administration asked us to remove the language which says that US citizens and lawful residents would not be subject to this section.” [Senate, 11/17/2011] With the bill drafted so that military detention was optional, and an option US citizens were subject to (see December 15, 2011), Obama signaled he would sign it, despite having concerns that it was still unduly restrictive of executive authority, and it unnecessarily codified authority that had been exercised for 10 years and had been upheld by a number of lower court decisions. [White House, 12/17/2011 ] However, in a non-binding signing statement attached to the bill, Obama says he is signing the bill “despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.” Obama does not specify what his reservations are, but promises: “[M]y administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a nation.” [White House, 12/31/2011]
Controversy over Indefinite Detention Provisions - Though 86 percent of US senators and almost two-thirds of the House of Representatives voted to pass the NDAA (see December 15, 2011), and the bill is signed by Obama, the military detention measures are opposed by a number of constitutional experts and public interest organizations, and a significant percentage of the general public (see December 22-26, 2011).
Entity Tags: James R. Clapper Jr., Carl Levin, Barack Obama, Central Intelligence Agency, Federal Bureau of Investigation, US Department of Justice, US Department of Defense, Leon Panetta, Robert S. Mueller III, John O. Brennan, David Petraeus, Lisa Monaco
Timeline Tags: Civil Liberties
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