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Please note!
This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

Does a 2011 law give the president authority to detain domestic political rivals?

By Christopher Hutton
NO

A 2011 defense bill "affirming" that the U.S. can indefinitely detain certain terrorism suspects without trial does not have language allowing use of its provisions against other unspecified domestic adversaries.

The bill's Section 1021 names as "covered persons" those involved in the 9/11 attacks or those associated with "al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States."

The bill's language was controversial at the time. When signing, President Obama noted it didn't apply to U.S. citizens, legal residents or others detained in the U.S., and stated that he wouldn't use its provisions to authorize the indefinite detention of U.S. citizens without a trial. The American Civil Liberties Union noted that the limitation would not necessarily have to be respected by his successors, and called for the provisions to be repealed.

This fact brief is responsive to conversations such as this one.
ABOUT THE CONTRIBUTOR
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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