Last month, Barack Obama's administration resisted provisions codifying the right to detain prisoners indefinitely, arguing that putting such language into law was unnecessary and redundant. Now, the administration is using those very provisions to defend its detention of a suspected al Qaeda militant in federal courts.

The provision in question, Section 1021 of the 2012 National Defense Authorization Act (NDAA), "reaffirms the military's existing authority to detain individuals captured in the course of hostilities in accordance with the law of war." That authority was given to the administration in the 2001 Authorization for Use of Military Force (AUMF), passed by Congress after the 9/11 attacks. The Obama administration initially threatened to veto the defense authorization bill because it contained a stronger version of Section 1021, but then revoked its veto threat after House and Senate negotiators tweaked the language.

The provision nonetheless faced opposition from civil rights organizations and some senators, including Sen. Rand Paul (R-KY), out of concern that it could be used to justify indefinite detention of anyone suspected of terrorism, including American citizens.

President Obama specifically criticized section 1021 in his signing statement on the day the defense authorization bill became law.

"Section 1021 affirms the executive branch's authority to detain persons covered by the 2001 Authorization for Use of Military Force (AUMF) (Public Law 107-40; 50 U.S.C. 1541 note). This section breaks no new ground and is unnecessary. The authority it describes was included in the 2001 AUMF, as recognized by the Supreme Court and confirmed through lower court decisions since then," Obama wrote. "My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law."

Now, thanks to Brookings Institution scholar Benjamin Wittes, we learn exactly how the administration is interpreting that section of the law: It is using it to defend the indefinite detention of Musa'ab al-Madhwan, a Yemeni citizen who has been imprisoned at Guantánamo Bay, Cuba, for years.

"The government has filed its opposition to cert in the case of Al Madhwani v. Obama-a Guantanamo habeas case," Wittes wrote on his Lawfare blog. "Al Madhwani's cert petition seeks review of this DC Circuit opinion affirming his detention. That opinion, in turn, affirmed District Judge Thomas Hogan's earlier opinion. The government's argument is interesting because it explicitly invokes the new language in the NDAA."

In an interview, Wittes noted the irony of the administration using the legal provision it resisted in defending its arguments against  Madhwani now, but said the administration had been consistent in how it defines the application of the authority to detain prisoners indefinitely.

"The administration says the provision is unnecessary and redundant and then this shows up in their brief, but merely as support of their interpretation of the prior law. There's no hypocrisy here," Wittes said. "It would be weird of them not to cite an on-point federal statute that supports their argument."

Still, one of the supporters of the provision in Congress, Sen. John McCain (R-AZ), told The Cable Tuesday that the administration's embrace of his provision was disingenuous. "I guess it's a high form of flattery," McCain said.

Another sponsor of the provision, Sen. Carl Levin (D-MI), told The Cable Tuesday that although the administration strenuously opposed earlier versions of the provision, the administration didn't outright oppose the final version, despite the unenthusiastic signing statement. "I'm not at all surprised that they used a provision that they ultimately didn't oppose in their briefs," he said.

The State Department's top spokesman cautioned reporters Tuesday not to take snippets of edited remarks on the Internet by the "Ground Zero mosque" imam and use them to brand him a radical, lest they repeat the mistakes made by the media in calling former USDA official Shirley Sherrod a racist based on edited clips of her promoted on conservative websites.

Imam Feisal Rauf, the spiritual leader of the proposed Park 51 community center in lower Manhattan, is on his State Department-sponsored trip to the Persian Gulf right now, giving speeches in Bahrain, Qatar, and the United Arab Emirates about what it's like to be a Muslim in America.

Rauf has been traveling on behalf of the department since 2007 on trips sponsored by both the Obama and George W. Bush administrations. He belongs to the progressive Sufi sect of Islam and has been praised as a bridge-builder even by conservative pro-Israel bloggers, such as the Atlantic's Jeffrey Goldberg, who has had extensive interactions with him.

But activists who oppose the Park 51 project have pointed to various statements by Rauf to build the case that he's dangerous radical. For example, yesterday Pamela Geller of the blog Atlas Shrugs posted a clip of excerpts from a speech Rauf gave in 2005. Those excerpts include Rauf saying:

We tend to forget, in the West, that the United States has more Muslim blood on its hands than al Qaida has on its hands of innocent non Muslims. You may remember that the US-led sanctions against Iraq led to the death of over half a million Iraqi children. This has been documented by the United Nations. And when Madeleine Albright, who has become a friend of mine over the last couple of years, when she was Secretary of State and was asked whether this was worth it, said it was worth it. [emphasis Geller's]

P.J. Crowley, the assistant secretary of state for public affairs, told reporters Tuesday that they shouldn't be quick to take those remarks out of context.

"I would just caution any of you that choose to write on this, that once again you have a case where a blogger has pulled out one passage from a very lengthy speech. If you read the entire speech, you will discover exactly why we think he is rightly participating in this national speaking tour."

The Cable asked Crowley directly, "Is he the Muslim Shirley Sherrod?"

Crowley responded, "That's a good cautionary tale for everybody."

The University of South Australia's Bob Hawke Prime Ministerial Centre has the full transcript and full audio recording of Rauf's 2005 remarks. Here are some excerpts not posted by the Atlas Shrugs blog:

On the bonds between Islam and Judeo Christianity:

We are united with Christians and Jews in terms of our belief in one God. In the tradition of the prophets. In our tradition of scriptures. The Jewish prophets, Jesus Christ and John the Baptist and Mary are in fact religious personalities and prophets of the Islamic faith as well...

From the point of view of Islamic theology, Islamic jurisprudence and Islamic history, the vast majority of Islamic history, it has been shaped or defined by a notion of multiculturalism and multireligiosity, if you might use that term. From the very beginning of Islamic history Islam created space for Christians of various persuasions, of Jews and even of Muslims of different schools of thought within the fabric of society.

On religious freedom:

A necessary part of this is to embrace and to welcome and to invite the religious voices in the public square, in the public debate, on how to build a good society. So multiculturalism, in my judgment, involves not only differences of culture and ethnicity but also multireligiosity, and that's where the challenge and the rub comes in for many because there is a perception that multireligiosity must mean the potential conflict between different religious voices in the public square. I, for one, believe that that is not in fact the case.

On religious tolerance:

[O]ur law, our sense of justice, our articulation of justice, must flow from these two commandments of loving our God and loving our neighbour, and if we are not sure of how to articulate the love of God in the public square we certainly can allow each person and each group of each religious group to choose to love God in the vernacular and in the liturgy that it chooses and it prefers, but it gives us a broad basis of agreement on which we can love our fellow human beings and this, I suggest, is the mandate that lies before us today as we embark on this 21st Century and is the mandate and the homework assignment that lies ahead of us.

On Islam and terrorism:

The broader community is in fact criticising and condemning actions of terrorism that are being done in the name of Islam... What complicates the discussion, intra-Islamically, is the fact that the West has not been cognisant and has not addressed the issues of its own contribution to much injustice in the Arab and Muslim world. It is a difficult subject to discuss with Western audiences but it is one that must be pointed out and must be raised.

Acts like the London bombing are completely against Islamic law. Suicide bombing, completely against Islamic law, completely, 100 per cent. But the facts of the matter is that people, I have discovered, are more motivated by emotion than by logic. If their emotions are in one place and their logic is behind, their emotions will drive their decisions more often than not, and therefore we need to address the emotional state of people and the extent to which those emotions are shaped by things that we can control and we can shape, this is how we will shape a better future.

Rauf is in Doha, Qatar, now, where in addition to giving a speech on Muslim life in America at a local university, he is meeting with government officials and NGO representatives and will hand out gifts and treats to children at the Doha Youth Center, Crowley said.

Although Rauf is getting questions about the controversy from his interlocutors and from the press in the areas he is visiting, don't expect him to talk about the Park 51 project, Crowley said.

"It's been suggested that through this tour he's going to be promoting this center, that's not true, or that he's going to be fundraising and that's not true," said Crowley. "He has chosen not to comment on the center so we can't be accused of doing things that are not consistent to the goals of the international program he's participating in and we respect those decisions."

Crowley also shot down another story in the conservative blogosphere today speculating that Rauf's wife Daisy Kahn will join the State Department-sponsored trip. Khan has elected to stay in the United States, he said.

So why didn't the administration list al Qaeda in the Arabian Peninsula (AQAP) as a terrorist group until this week? Well, it's kind of a long process to get a group listed and the U.S. wanted to coordinate with the international community.

That's what the State Department's top counterterrorism official Dan Benjamin said Wednesday morning about the announcement that AQAP would now be officially considered a terrorist organization and its leaders would be treated as terrorists. Secretary of State Hillary Clinton decided to list AQAP December 14, less than two weeks before underwear bomber Umar Faourk Abdulmutallab tried to blow up a Detroit-bound jetliner but nearly a year after AQAP took shape, but it's just now become official.

"AQAP announced only announced itself as a group in late 2008 or early 2009, so the wheels began turning then," Benjamin said, "This is a long and deliberative process... you have to build quite a base of information so it can withstand litigation."

Politico reported that Clinton made the decision last month, but Benjamin explained that making the call and making it official by notifying Congress are two separate things. He said that notification was timed to coincide with a similar action by the UN, which was announced Tuesday.

"We could have done it in mid-December, we wanted to make sure we had international support. It was done concurrently with UN, where it is now designated under the 1267 regime," said Benjamin, "That's been another emphasis that we've brought to this work, we want to build international solidarity and make it clear that this is not just America's counterterrorism effort, it's really a global one."

Benjamin joined Assistant Secretary of State Jeffrey Feltman to testify before the Senate Foreign Relations Committee Wednesday morning about Yemen. He said he plans to travel to Yemen "very soon."

Feltman testified that Yemen has been a top foreign policy issue for the Obama administration since day one. Even though AQAP only emerged recently, they are just one instance the Islamic extremist activity that has been building in Yemen for years. He also had some sober assessments of the Yemeni government.

"We are not naïve about our Yemeni partner," said Feltman, "The government's ability to provide services and exert authority is inconsistent," he added, noting that the Yemeni government's actions on human rights also are a cause of concern.

Today kicks off a torrent of Congressional involvement in the Yemen issue. In addition to the SFR hearing, House Armed Services will hold a hearing Wednesday afternoon on AQAP and the Senate Homeland Security committee will hold its first of two hearings looking into the Christmas Day attack.

Yemeni Foreign Minister Abubakar al-Qirbi was reportedly on the Hill Tuesday meeting with leaders of both parties and he also met with National Security Advisor Jim Jones.

Asked whether the State Department's designation of AQAP as a terrorist group paved the way for the first joint strikes in Yemen only a few days later, Benjamin said there was no correlation.

"I wish we had that kind of heft in the State Department," he joked.

UPDATE: Senate Foreign Relations chairman John Kerry, D-MA, will also meet with al-Qirbi Wednesday, his office just announced.

As Washington works itself into a tizzy over whether to release Guantánamo prisoners following the underwear bomber incident (President Obama announced earlier this week that he wouldn't transfer any of them back to Yemen "at this time"), news of a secret Pentagon report is being bandied about as proof that "recidivism" of released GTMO prisoners is on the rise.

Oh, how easily we forget that the whole idea of measuring the recidivism of Guantánamo detainees was debunked last May. The original baseline for saying that the trend of recidivism is on the rise was founded in this front-page New York Times article by Elisabeth Bumiller, which stated that the Pentagon had found that one in seven, or 14 percent, of released GTMO prisoners had "returned to terrorism or militant activity."

There were several problems with the reporting, not the least of which was that there is no way to determine if the alleged militants "returned" to the fight because there were never proper legal procedures at Guantánamo to determine if the prisoners were guilty in the first place.

That language was removed from the story after Bumiller's piece was torn apart by the Times' public editor Clark Hoyt, who said the article was "seriously flawed and greatly overplayed."

Moreover, as Hoyt pointed out, the one in seven number failed to distinguish between those who were "suspected" of militancy and those who were "confirmed" to have done something violent. "Had only confirmed cases been considered, one in seven would have changed to one in 20," Hoyt wrote.

Independent analyses put that number even smaller. Peter Bergen and Katherine Tiedemann at the New America Foundation looked into the numbers even further and found that both confirmed and suspected military rates of released Guantánamo prisoners as of last summer was one in 25, or about 4 percent.

But none of that critical analysis made it into this Jan. 7 LA Times article by Julian E. Barnes and Christi Parsons, which cites a new and also secret Pentagon report to argue that now 20 percent of released Guantánamo prisoners have "resumed extremist activity."

The story says that both conservatives and liberals dispute the figures (although I haven't seen where the number is said to be an underestimation), but fails to point out that the 14 percent figure from May was disputed by the very paper that reported it.

Bloomberg's story on the report did a better job of explaining that the numbers are suspect, at best.

In an interview with The Cable, Bergen noted that beside the fact that the numbers are inflated, the Pentagon's insistence on classifying the underlying information makes the numbers wholly unverifiable.

"The 14 percent is based on a ‘trust us, we can't tell you,'" said Bergen, adding that the 20 percent figure in the LA Times story "defies credulity."

When a Guantánamo prisoner joins the fight against America, that's a huge propaganda coup for the extremists and they tend to announce it in a way that's noticeable, he added. "I'm enormously skeptical that there are these levels of releases joining the fight because I think we would know about it."