Tournament: Navy | Round: 1 | Opponent: All | Judge: All

1AC—Indefinite Detention, 1-17-13

The Plan:  The U.S. Congress should restrict indefinite detention by legislating these changes:

1) U.S. citizens and Legal Permanent Residents-http://en.wikipedia.org/wiki/Alien_28law29 are not eligible for indefinite detention;

2) Indefinite detention should conform with the Law of Armed Conflict and be restricted to individuals who cannot be adequately prosecuted in the criminal justice system;

3) Individuals can be detained for providing substantial support only if it is necessary for the completion of a terrorist plot or the ongoing operation of a terrorist organization or a smaller sub-group thereof;

4) All individuals classified for prosecution by the Guantanamo Review Task Force Report of 2010, and not formally charged, should receive criminal trials in federal court.

Inherency

The 2013 National Defense Authorization act gives the president vast powers to indefinitely detain suspected terrorists, including U.S. citizens. It also prohibits prosecuting the detainees at Guantanamo in federal court

Mack, 2013, Troubling NDAA Provisions—2013 Edition, January 4, ~ACLU Maine; Ryan~, p. http://www.aclumaine.org/troubling-ndaa-provisionsE280942013-edition-http://www.aclumaine.org/troubling-ndaa-provisionsE280942013-edition (accessed: 9-2-13)
President Obama has signed the 2013 National Defense Authorization Act (NDAA), despite several
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for resettlement in foreign countries, or for prosecution in federal criminal court. 

And, even if the government never detains US citizens, the public perceives and fears that it will

Chesney 26 Wittes, 2013, Protecting U.S. Citizens’ Constitutional Rights During the War on Terror, May 22, ~University of Texas law professor; Brookings Institution fellow; Robert; Benjamin~, p. http://www.brookings.edu/research/testimony/2013/05/22-war-on-terror-chesney-wittes (accessed: 9-1-13)
But ironically, even as this strong executive norm against military detention of domestic captures
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those who fear it and needlessly misleading those who wish to see it.

Terrorism ~1/4~

The counter-terrorism provisions of the NDAA will harm domestic law enforcement in 3 ways: they will undermine intelligence gathering, chill information sharing by law enforcement and reduce cooperation from the Muslim American community

Jenkins, 2012, Foreign Affairs, The NDAA Makes It Harder to Fight Terrorism, February 1, ~initiated the RAND Corporation’s research program on terrorism in 1972 and currently serves as Senior Adviser to the President of RAND; Brian Michael~, p. http://www.foreignaffairs.com/articles/137070/brian-michael-jenkins/the-ndaa-makes-it-harder-to-fight-terrorism(accessed: 8-28-13)
Intelligence is critical. The United States’ current domestic intelligence collection is carried out by
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without trial on the basis of suspicion alone, that cooperation may decline.
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Terrorism ~2/4~

And, the NDAA will damage international counter-terrorism cooperation with our allies

Jenkins, 2012, Foreign Affairs, The NDAA Makes It Harder to Fight Terrorism, February 1, ~initiated the RAND Corporation’s research program on terrorism in 1972 and currently serves as Senior Adviser to the President of RAND; Brian Michael~, p. http://www.foreignaffairs.com/articles/137070/brian-michael-jenkins/the-ndaa-makes-it-harder-to-fight-terrorism(accessed: 8-28-13)
Beyond the domestic complications, the NDAA could also damage international cooperation. One of
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be willing to extradite suspects without guarantees that they will receive civilian trials. 

A consensus of experts conclude nuclear terrorism has a high probability—motivation and means exist

Brill 26 Luongo, 2012, New York Times, Nuclear Terrorism: A Clear Danger, March 15, ~former U.S. ambassador to the I.A.E.A.; president of the Partnership for Global Security; Kenneth, Kenneth~, p. http://www.nytimes.com/2012/03/16/opinion/nuclear-terrorism-a-clear-danger.html?_r=0-http://www.nytimes.com/2012/03/16/opinion/nuclear-terrorism-a-clear-danger.html?_r=0 (accessed: 8-30-13)
Terrorists exploit gaps in security. The current global regime for protecting the nuclear materials
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member is thought to remain at large with a kilogram of this material.
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Terrorism ~3/4~

A nuclear terrorist attack against the U.S. will collapse the global economy, undermine civil rights, and cause nuclear escalation leading to extinction

Daley, 2010, Apocalypse Never: Forging the Path to a Nuclear Weapon-Free World, ~J.D., Ph.D, heads the Abolishing War program of the Center for War/Peace Studies 26 former RAND Corporation member of the International Policy department; Tad~, p. 52-55
The classic definition of risk is the probability of an event times the likely consequences
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abyss of reaction and counter reaction whose horror the human mind cannot comprehend."

Terrorism ~4/4~

And Mueller’s statistical analysis assigning low probability to nuclear terrorism is flawed

Zimmerman, 2009, Defence Against Terrorism Review, Fall,  ~Dept of War Studies, King’s College, Peter~, p. 4-5
Mueller chooses another set of criteria by which to judge the plausibility of improvised nuclear
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range from a severe beating to barbaric torture followed by a gruesome death.
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Leadership ~1/5~

Indefinite detention by the NDAA undermines U.S. soft power and legitimacy

Tineh, 2012, The state of NDAA: Why it still matters, indefinitely, July 10, ~Government Affairs Intern at CAir Chicago; Aseal~, p.  http://www.cairchicago.org/2012/07/10/the-state-of-ndaa-why-it-still-matters-indefinitely/-http://www.cairchicago.org/2012/07/10/the-state-of-ndaa-why-it-still-matters-indefinitely/ (accessed: 8-29-13)
On December 31, 2011, President Barack Obama signed the annual National Defense Authorization
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new worldwide authority will surely not be looked upon kindly by other countries. 

Leadership ~2/5~

And, US allies care more about detention than drone strikes.

John Bellinger 13, partner in the international and national security law practices at Arnold 26 Porter LLP in DC, Adjunct Senior Fellow in International and National Security Law at the CFR, "Peter Baker on Mounting Criticisms of Obama Administration CT Policies", February 10, www.lawfareblog.com/2013/02/peter-baker-on-mounting-criticisms-of-obama-administration-ct-policies/
One of Baker’s more interesting observations — and one of the first times I have
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criticism will snowball and, if so, how the Administration will respond.

Detention is the most damaging policy to US legitimacy

Welsh 2011, University of New Hampshire Law Review, Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy, March, ~J.D. from the University of Utah; David~, p.  262-3
The Global War on Terror 1 has been ideologically framed as a struggle between the
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this article offers a psychological perspective of legitimacy in the context of detention. 

Leadership ~3/5~

U.S. soft-power is key to US leadership to solve global warming

Ivaneishvili, 2012, Journal of Social Sciences, Obama Foreign Policy Doctrine: Preparing America to Succeed in Multipolar World, vol. 1, ~231, ~Ph.D. Candidate in International Relations and Politics at the Faculty of Social Sciences, International Black Sea University; Baia~, p. 29-30
The world still needs the US’s leadership. Issues, such as the maintenance of
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have legitimacy that can only be granted through the authorization of international institutions.

Warming causes extinction

Comerford, 2013, A balance of questions: what can we ask of climate change economics?, Scottish Institute for Research in Economics Discussion Paper, January 6, ~School of Economics, University of Edinburgh; David~, p. 
There are multiple sources of possible tipping points in the real Earth system including:
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that human caused greenhouse gas emssions could lead to an extinction level catastrophe.

Warming will cause massive species extinction

Hertsgaard, 2011, Hot: Living Through the next fifty years on earth, ~Independent journalist and reporter for the New Yorker, NPR, Time, Vanity Fair, and the Nation; Mark~, p. 28
Global warming and climate change also undermine the ecosystems that make life possible on this
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the extinction of between 15 and 37 percent of all species by 2100.

Leadership ~4/5~

And, detention by the NDAA undermines US human rights leadership

Narine, 2012, Contemporary Southeast Asia: A Journal of International and Strategic Affairs, Volume 34, Number 3, December 2012, ~Associate Professor of Political Science and International Relations at St. Thomas University; Shaun~, p. 382
The National Defence Authorization Act of 2012 gives the US military extraordinary powers to detain
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speak with moral authority" on "critical issues" of human rights.

US leadership is key to advancing global human rights

Mendelson, 2009, The Washington Quarterly, Dusk or Dawn for the Human Rights Movement?, April, ~director of the Human Rights and Security Initiative at CSIS; Sarah~, p. 109-111
Activists in many parts of the world claim that whatever happens in the United States
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. is not the balance wheel, there is no balance wheel.’’

Leadership ~5/5~

Human rights violations spark global wars and harm the global economy

Trachtman, 2012, New York University Journal of International Law and Politics, From Rights to Reality: Mobilizing for Human Rights and Its Intersection with International Law: WHO CARES ABOUT INTERNATIONAL HUMAN RIGHTS?: THE SUPPLY AND DEMAND OF INTERNATIONAL HUMAN RIGHTS LAW, Spring, ~Professor of International Law, The Fletcher School of Law and Diplomacy; Joel~, p. 856-61
It is true that human rights violations may cause significant international external effects, including
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own power than by granting human rights that might increase total national welfare.
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Sweeping US detention authority will cause China to crackdown against Uyghurs

Malinowski, 2009, THE LEGAL, MORAL, AND NATIONAL SECURITY CONSEQUENCES OF ’’PROLONGED DETENTION, Senate Hearing, June 9, ~Advocacy Director, Human Rights Watch; Tom~, p. 236
The US Congress has never formally established a system of detention without trial to deal
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is something everyone on both sides of this debate should want to avoid.

Solvency ~1/5~

First, Congress is the best actor to impose limits on indefinite detention—Courts will always remain deferential to the executive

Hammond, 2012, Southern California Interdisciplinary Law Journal, THE NATIONAL DEFENSE AUTHORIZATION ACT AND THE UNBOUND AUTHORITY TO DETAIN: A CALL TO CONGRESS, Fall, ~J.D. Candidate 2013, University of Southern California Gould School of Law; Kate~, p.193-195
The NDAA also contained provisions relating to the executive branch’s authority to place individuals in
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behind preventative detention, and the availability of criminal prosecution for suspected terrorists.
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Solvency ~2/5~

Second, substantial support should be limited to detention for disrupting terrorist plots or ongoing operations

Hammond, 2012, Southern California Interdisciplinary Law Journal, THE NATIONAL DEFENSE AUTHORIZATION ACT AND THE UNBOUND AUTHORITY TO DETAIN: A CALL TO CONGRESS, Fall, ~J.D. Candidate 2013, University of Southern California Gould School of Law; Kate~, p.219-221
B. The Definition of Those Who Can Be Detained for Providing Substantial Support Should
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in a way that complements the availability of criminal prosecution for terrorist suspects.

Solvency ~3/5~

Third, Congress should require that criminal statutes are the first resort for prosecuting terrorists and that detention based on substantial support is available only for cases falling outside the criminal law

Hammond, 2012, Southern California Interdisciplinary Law Journal, THE NATIONAL DEFENSE AUTHORIZATION ACT AND THE UNBOUND AUTHORITY TO DETAIN: A CALL TO CONGRESS, Fall, ~J.D. Candidate 2013, University of Southern California Gould School of Law; Kate~, p.222
C. The Definition of Those Who Can Be Detained for Providing Substantial Support Should
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This would allow Congress to place adequate restraints on the executive’s detention authority. 

Solvency ~4/5~

Fourth, requiring criminal prosecutions as the first resort will reduce erroneous detentions and restore U.S. legitimacy

Hathaway, et al., 2013, The Yale Journal of International Law, The Power To Detain: Detention of Terrorism Suspects After 9/11, Winter, ~Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School; Oona~, p. 176-177
As the United States enters the second decade following the attacks of September 11,
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in the end, prove to be the most important weapon of all.

Fifth, civilian courts have a proven record in prosecuting high level terrorists

Rona 26 Wala, 2013, Guantanamo and Beyond: Exceptional Courts and Military Commissions in Comparative Perspective, eds., by F. Alolain 26 O. Gross, ~International Legal Director of Human Rights First; lawyer, Human Rights First; Gabor, Raha~, p. 140-41
In this essay, we make the case that critics of civilian trials have it
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a wide variety of evidence gathered by law enforcement and intelligence methods alike.
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Solvency ~5/5~

Sixth, the Classified Information Procedures Act protects sensitive intelligence sources and methods

Rona 26 Wala, 2013, Guantanamo and Beyond: Exceptional Courts and Military Commissions in Comparative Perspective, eds., by F. Alolain 26 O. Gross, ~International Legal Director of Human Rights First; lawyer, Human Rights First; Gabor, Raha~, p. 150-151
Although CIPA litigation can be cumbersome, it is broadly seen as an effective tool
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—albeit without the established jurisprudence—in developing its information protection measures.