By a vote of 37 to 61, the Senate rejected an amendment to the controversial National Defense Authorization Act Tuesday forbidding the military to indefinitely detain US citizens and try them without due process.

The ACLU reports the Senate shot down the amendment, offered by Sen. Mark Udall (D-Colo.), that would have replaced the detainment provisions and replaced them with a congressional review of the military's power.

According to the ACLU:

The Secretary of Defense, the Director of National Intelligence, the Director of the FBI and the head of the Justice Department’s National Security Division have all said that the indefinite detention provisions in the NDAA are harmful and counterproductive, and the White House has issued a veto threat over the provisions.

We’re disappointed that, despite robust opposition to the harmful detention legislation from virtually the entire national security leadership of the government, the Senate said ‘no’ to the Udall amendment and ‘yes’ to indefinite detention without charge or trial.