By Charlie Savage, New York Times, Dec. 1/2, 2011

WASHINGTON — The Senate on Thursday decided to leave unanswered a momentous question about constitutional rights in the war against Al Qaeda: whether government officials have the power to arrest people inside the United States and hold them in military custody indefinitely and without a trial.

After a passionate debate over a detainee-related provision in a major defense bill, the lawmakers decided not to make clearer the current law about the rights of Americans suspected of being terrorists. Instead, they voted 99 to 1 to say the bill does not affect “existing law” about people arrested inside the United States.

“We make clear that whatever the law is, it is unaffected by this language in our bill,” said Senator Carl Levin, a Michigan Democrat who helped shape the detainee-related sections of the bill with Republicans on the Senate Armed Services Committee.  [....]