Tournament: 2013babyjo | Round: 1 | Opponent: Gonzaga Gaither-Spraker | Judge: Walters

1AC – InDef

Inherency

NDAA ruling gives massive indefinite detention authority to the president
RT 7/17
http://rt.com/usa/obama-ndaa-appeal-suit-229/-http://rt.com/usa/obama-ndaa-appeal-suit-229/, "Obama wins back the right to indefinitely detain under NDAA"
The Obama administration has won the latest battle in their fight to indefinitely detain US
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"for no other reason than to avoid potential repercussions under the bill."
?
Squo protects broad detention authority – NDAA vagueness

David 8/18
(Lawrence, professor of history at West Chester University in West Chester, PA, http://www.counterpunch.org/2013/08/16/in-the-matter-of-hedges-v-obama/-http://www.counterpunch.org/2013/08/16/in-the-matter-of-hedges-v-obama/, "IN the Matter of Hedges vs. Obama")

Back in January of 2012 former war correspondent Christ Hedges and others, including Noam
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final ruling in favor of the government was given on 17 July 2013. 

Advantage 1 – Leadership

Indefinite detention crushes soft power – federal trials solve and eliminate devastating hypocrisy
Daphne Eviatar 10 is Senior Associate @ Human Rights First, "Indefinite Detention Would Harm, Not Help, National Security," 11-19-10, www.humanrightsfirst.org/2010/11/19/indefinite-detention-would-harm-not-help-national-security/ DOA: 7-23-13, y2k
Wittes and Goldsmith are correct that fighters in enemy forces can be held in military
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already know that going down that path will lead to just the opposite.

Indefinite detention has pivotal symbolic value, outweighs other factors
UNU 10 United Nations University, "Event report: Obama and the World: One Year Later, With Jean-Marc Coicaud and Tom Farer,"
30 March 2010, http://www.ony.unu.edu/events/Obama20and20the20world_Event20report.pdf-http://www.ony.unu.edu/events/Obama and the world_Event report.pdf, DOA: 7-23-13, y2k
The Ambassador of Zambia asked Dean Farer to give an assessment of Obama’s policy towards
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for whom evidence was secured through forms of intelligence that cannot be disclosed.
Guantanamo Bay has cost the United States funds, and soft power with European allies
Yost ’11
(Keith Yost, a columnist, and a frequent writer for "The Tech" MIT’S longest running, and most prestigious newspapers, "The Tech", "Opinion: The Guantanamo Bay camps must be closed", April 1, 2011, http://tech.mit.edu/V131/N16/yostccp.html)
Let us begin with one obvious fact: the decision to establish detention camps at
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be the greater fool in this regard, and we should welcome them.
Europe is Key to promoting peace, stability, and democracy around world
Vale de Almeida 12
(By João Vale de Almeida, European Union Ambassador to the U.S, "The Hill", "EU and US - Strategic partners in peace and security", May 25^th, 2012, http://thehill.com/blogs/congress-blog/foreign-policy/229565-eu-and-us-strategic-partners-in-peace-and-security)
   
The majority of the world’s current crises take place within a 7-hour flight
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enhanced as we further our capacity to defend democracy and human rights worldwide.¶ 

Indefinite detention undermines US alliances and is copied by repressive governments
Scheinin 12
Martin Scheinin 12 is Professor of International Law and Former UN Special Rapporteur on Human Rights and Counter-Terrorism, "Should Human Rights Take a Back Seat in Wartime?" 1-11-12, www.realclearworld.com/articles/2012/01/11/national_defense_authorization_act_scheinin_interview-full.html, DOA: 7-23-13, Y2K
CLC: As a world leader and active promoter of universal human rights, the
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distancing the United States from its closest allies and the international community generally.
And of course these kinds of legal provisions are always open for bad faith copying
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approach. But repressive governments may do so for their own political purposes.

Modeling of US the US indefinite detention regime threatens human rights globally and results in unchecked government power
IJN 2012
International Justice Network, "Afghanistan Secretly Adopts an Indefinite Detention Regime at the Behest of the US Government" May 23, 2012 www.ijnetwork.org-http://www.ijnetwork.org/ Accessed 9-11-2013
May 23, 2012, New York, NY. — The International Justice Network
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Afghanistan to firmly assert its sovereignty in securing the rights of its citizens."
Ending the US indefinite detention regime is key to boosting international credibility, which is key to democracy and human rights modeling
Thomas C. Hilde 9 is a professor at the university of Maryland school of Public Policy where he teaches seminars in ethics and policy and international environmental and development law and politics. "Beyond Guantánamo: Restoring U.S. Credibility on Human Rights," 2009, http://www.boell.de/downloads/Guantanamo-Layout.pdf-http://www.boell.de/downloads/Guantanamo-Layout.pdf, DOA: 7-23-13, y2k
How to restore the credibility of a country whose foundations and self-understanding are
AND
regaining u.s. credibility and a strengthening of human rights culture. 

Advantage 2 – Torture

Indefinite detention results in sexual assault and torture- officials will do anything to stop detainees from being heard
Russia Today 7-4-2013 "Gitmo inmate accuses Guards of sexual assault." July 4, 2013. http://new.rt.com/news/guantanamo-strike-sex-abuse-675/

45-year old Younous Chekkouri was cleared for release to another country in 2010
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the UN Convention on Human Rights to which the US is a signatory.
Torture is still happening in Guantanamo- unethical force-feeding of detainees
The Toronto Star 6-13 "Gitmo force-feeding called unethical; U.S. detention centre called ’medical ethics-free zone’ in Journal of Medicine." June 13, 2013. L/N
Doctors writing in the venerated New England Journal of Medicine are calling on American physicians
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the detainees were force-fed, calling it "Hunger Strike Lite."
Indefinite detention causes torture in mental and physical forms – there is no ethical justification – ending indefinite detention is your primary ethical responsibility; their disads do not outweigh this and replicate the security-based justifications for torture
Dakwar 9
(Jamil, Director of Human Rights Program at the ACLU, a letter to Secretary Robert Gates by the ACLU, 1.9.2009, http://www.aclu.org/human-rights/aclu-calls-end-inhumane-force-feeding-guantanamo-prisoners-http://www.aclu.org/human-rights/aclu-calls-end-inhumane-force-feeding-guantanamo-prisoners, ~CL~)
Dear Secretary Gates,
I am writing to bring your attention to the cruel, inhuman, degrading and
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as the position of ~International Committee of the Red Cross~ doctors."
Torture is dehumanizing – the only way to re-humanize individuals is through hearing their voices in the court system
Larry Siems 12 is lead writer for The Torture Report: What the Documents Say About America’s Post-9/11 Torture Program, is director of the Freedom to Write Program and the International Program at the PEN American Center. "Torture chamber, U.S.A.; In CIA secret prisons, American interrogators abused prisoners in ways that Western nations once considered unconscionable." April 30, 2012. L/N

They tortured innocent people. They tortured people who may have been guilty of terrorism
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these voices is to begin to reverse the terrible dehumanization the documents chronicle.

Plan

Plan: The Supreme Court of the United States of America should issue a writ of certiorari to a relevant test case and rule that the authority to indefinitely detain is unconstitutional.

Contention 2 – Solvency

SCOTUS needs to review District Court decisions – no review will occur now, multiple reasons – only the SCOTUS can re-affirm habeas rulings and stop indefinite detention

Alexander 2013
Janet Cooper, Frederick I. Richman Professor of Law, Stanford Law School, University of Illinois Law Review, 2013 U. Ill. L. Rev. 551, ARTICLE: THE LAW-FREE ZONE AND BACK AGAIN, l/n)

As to the courts, it appears that the protections afforded to detainees in Rasul
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will have effectively overruled important constitu-tional decisions of the Supreme Court.

?
Federal trials solve intel gathering and conviction of terrorists- Warsame trial proves
Finn 13 
(Peter, 4/8, The Washington Post, "A template emerges for prosecuting terror suspects," www.japantimes.co.jp/news/2013/04/08/world/a-template-emerges-for-prosecuting-terror-suspects/~23.Ue_03Y21Fsk-http://www.japantimes.co.jp/news/2013/04/08/world/a-template-emerges-for-prosecuting-terror-suspects/)
Aboard the USS Boxer, somewhere in the Indian Ocean, Ahmed Abdulkadir Warsame was
AND
takes place; prosecutors may use him as a witness in other prosecutions.

Tournament: Gonzaga | Round: 2 | Opponent: Gonzaga Miester-Ornelas | Judge: Vega

Contention 1- Inherency

NDAA ruling gives massive indefinite detention authority to the president

RT 7/17
http://rt.com/usa/obama-ndaa-appeal-suit-229/-http://rt.com/usa/obama-ndaa-appeal-suit-229/, "Obama wins back the right to indefinitely detain under NDAA"
The Obama administration has won the latest battle in their fight to indefinitely detain US
AND
"for no other reason than to avoid potential repercussions under the bill."
?

Advantage 1 – Leadership

Indefinite detention crushes soft power – federal trials solve and eliminate devastating hypocrisy

Daphne Eviatar 10 is Senior Associate @ Human Rights First, "Indefinite Detention Would Harm, Not Help, National Security," 11-19-10, www.humanrightsfirst.org/2010/11/19/indefinite-detention-would-harm-not-help-national-security/ DOA: 7-23-13, y2k
Wittes and Goldsmith are correct that fighters in enemy forces can be held in military
AND
already know that going down that path will lead to just the opposite.

Detention policies conflict U.S. legitimacy, key to stability internationally

Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
 The stability of the current U.S.-led international system depends on
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Bush Administration’s detention scheme "hurt America’s image and standing in the world." 

U.S. action is modeled globally – indefinite detention and torture endangers credibility and human rights modeling

Krotoszynski 9
~2009, Ronald J. Krotoszynski is a John C. Stone Chair, Director of Faculty Research, and Professor of Law, University of Alabama School of Law, "The Perils and the Promise of Comparative Constitutional Law: The New Globalism and the Role of the United States in Shaping Human Rights", 61 Ark. L. Rev. 603~
In thinking about the reality and effects of the new globalism, we should be
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Federal Constitutional Court to abdicate responsibility for articulating and enforcing local legal imperatives.

Ending the US indefinite detention regime is key to boosting international credibility and human rights modeling

Thomas C. Hilde 9 is a professor at the university of Maryland school of Public Policy where he teaches seminars in ethics and policy and international environmental and development law and politics. "Beyond Guantánamo: Restoring U.S. Credibility on Human Rights," 2009, http://www.boell.de/downloads/Guantanamo-Layout.pdf-http://www.boell.de/downloads/Guantanamo-Layout.pdf, DOA: 7-23-13, y2k
How to restore the credibility of a country whose foundations and self-understanding are
AND
regaining u.s. credibility and a strengthening of human rights culture. 

Indefinite detention undermines US alliances and is copied by repressive governments

Scheinin 12
Martin Scheinin 12 is Professor of International Law and Former UN Special Rapporteur on Human Rights and Counter-Terrorism, "Should Human Rights Take a Back Seat in Wartime?" 1-11-12, www.realclearworld.com/articles/2012/01/11/national_defense_authorization_act_scheinin_interview-full.html, DOA: 7-23-13, Y2K
CLC: As a world leader and active promoter of universal human rights, the
AND
distancing the United States from its closest allies and the international community generally.
And of course these kinds of legal provisions are always open for bad faith copying
AND
approach. But repressive governments may do so for their own political purposes.

The impact to human rights violations and repressive governments outweighs everything—leads to war, has killed more than all 20th century wars combined, and leads to genocide and environmental destruction

Shattuck 94
John Shattuck, former Assistant Secretary of State, 9-12-1994, Federal News Service
On the disintegration side, we are witnessing ugly and violent racial, ethnic and
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destruction, as witnessed by Chernobyl and the ecological nightmares of Eastern Europe.

Broadening the political discussion to include human security is key to solve all impacts- scenarios that focus only on the state deprioritize injustices and inequality in favor of statist, militarized, violence

Booth — International Politics @ University of Wales - 1997
(Ken, Critical Security Studies, Krause 26 Williams (eds) p. I10-112)
Security
A frequent criticism addressed toward those who would broaden the concept of security from its
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, engage in the exciting_ journey of exploring the hitherto conventionally unthinkable.

Advantage 2 – Torture

Indefinite detention results in sexual assault and torture- officials will do anything to stop detainees from being heard

Russia Today 7-4-2013 "Gitmo inmate accuses Guards of sexual assault." July 4, 2013. http://new.rt.com/news/guantanamo-strike-sex-abuse-675/

45-year old Younous Chekkouri was cleared for release to another country in 2010
AND
the UN Convention on Human Rights to which the US is a signatory.

Indefinite detention causes torture in mental and physical forms – there is no ethical justification – ending indefinite detention is your primary ethical responsibility; their disads do not outweigh this and replicate the security-based justifications for torture

Dakwar 9
(Jamil, Director of Human Rights Program at the ACLU, a letter to Secretary Robert Gates by the ACLU, 1.9.2009, http://www.aclu.org/human-rights/aclu-calls-end-inhumane-force-feeding-guantanamo-prisoners-http://www.aclu.org/human-rights/aclu-calls-end-inhumane-force-feeding-guantanamo-prisoners, ~CL~)
Dear Secretary Gates,
I am writing to bring your attention to the cruel, inhuman, degrading and
AND
as the position of ~International Committee of the Red Cross~ doctors." 

Torture is dehumanizing – the only way to re-humanize individuals is through hearing their voices in the court system

Larry Siems 12 is lead writer for The Torture Report: What the Documents Say About America’s Post-9/11 Torture Program, is director of the Freedom to Write Program and the International Program at the PEN American Center. "Torture chamber, U.S.A.; In CIA secret prisons, American interrogators abused prisoners in ways that Western nations once considered unconscionable." April 30, 2012. L/N
They did it by denying detainees legal process because, as the CIA’s Inspector General
AND
these voices is to begin to reverse the terrible dehumanization the documents chronicle.

Pain is difficult to conceptualize because it eludes words, but we challenge you to think about the pain detainees experience every day – torture destroys the person who experiences it. Every day we take detainees apart and make them inhuman by removing their dignity and autonomy

Scarry 87 
(Professor of Philosophy at Harvard University , Elaine, The Body in Pain, 1987, BH)
The position of the person who is tortured is in many ways, of course
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magnitude is confirmed by the cruelty it is able to motivate and justify.

Dehumanization that torture necessitates breeds a way of thinking that turns us into a brutal, violent people that won’t think twice about the humanity of those we consider the other – this makes all forms of violence possible

Crelinsten 3 
(RONALD CRELINSTEN is Professor of Criminology at the University of Ottawa, Canada, Observatorio de Seguranca, The world of torture: A constructed reality, 2003, http://www.observatoriodeseguranca.org/files/the20world20of20torture.pdf)
Finally, dehumanization is used to render the victim deserving of his or her fate
AND
is a core element of the new reality constructed by the torture regime.

?

Thus:

Plan: The Supreme Court of the United States of America should issue a writ of certiorari to a relevant test case and rule that the authority to indefinitely detain is unconstitutional.

Contention 2 – Solvency

SCOTUS needs to review District Court decisions – no review will occur now, multiple reasons – only the SCOTUS can re-affirm habeas rulings and stop indefinite detention

Alexander 2013
Janet Cooper, Frederick I. Richman Professor of Law, Stanford Law School, University of Illinois Law Review, 2013 U. Ill. L. Rev. 551, ARTICLE: THE LAW-FREE ZONE AND BACK AGAIN, l/n)

As to the courts, it appears that the protections afforded to detainees in Rasul
AND
will have effectively overruled important constitu-tional decisions of the Supreme Court.

Federal trials solve intel gathering and conviction of terrorists- Warsame trial proves

Finn 13 
(Peter, 4/8, The Washington Post, "A template emerges for prosecuting terror suspects," www.japantimes.co.jp/news/2013/04/08/world/a-template-emerges-for-prosecuting-terror-suspects/~23.Ue_03Y21Fsk-http://www.japantimes.co.jp/news/2013/04/08/world/a-template-emerges-for-prosecuting-terror-suspects/)
Aboard the USS Boxer, somewhere in the Indian Ocean, Ahmed Abdulkadir Warsame was
AND
takes place; prosecutors may use him as a witness in other prosecutions.

Executive branch will comply—- respect for the judiciary overwhelms, specific evidence

Manget 2006 (Fred Manget, a member of the Senior Intelligence Service and a former Deputy General Counsel of the Central Intelligence Agency, "Intelligence and The Rise of Judicial Intervention," National Security Law, http://www.nationalsecuritylaw.org/files/pubs/Manget.pdf)
The developing history of judicial review of intelligence activities shows that it ¶ occurs in
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matching requirements of ¶ the laws to intelligence activities and watching the watchers.