Selasa, 13 Desember 2011

Update: Indefinite Detention Bill

Washington's Blog is an interesting site and I often disagree with the views there, but this is a well researched review of the so-called "indefinite detention bill":

The Indefinite Detention Bill DOES Apply to American Citizens on U.S. Soil

Even at this 11th hour – when all of our liberties and freedom are about to go down the drain – many people still don’t understand that the indefinite detention bill passed by Congress allows indefinite detention of Americans on American soil.

A retired admiral, Judge Advocate General and Dean Emeritus of the University of New Hampshire School of Law also says that it applies to American citizens on American soil.

The ACLU notes:

Don’t be confused by anyone claiming that the indefinite detention legislation does not apply to American citizens. It does. There is an exemption for American citizens from the mandatory detention requirement (section 1032 of the bill), but no exemption for American citizens from the authorization to use the military to indefinitely detain people without charge or trial (section 1031 of the bill). So, the result is that, under the bill, the military has the power to indefinitely imprison American citizens

But you don’t have to believe us. Instead, read what one of the bill’s sponsors, Sen. Lindsey Graham said about it on the Senate floor: “1031, the statement of authority to detain, does apply to American citizens and it designates the world as the battlefield, including the homeland.”


Below we see more references

Another sponsor of the bill – Senator Levin – has also repeatedly said that the bill applies to American citizens on American soil, citing the Supreme Court case of Hamdi which ruled that American citizens can be treated as enemy combatants:

“The Supreme Court has recently ruled there is no bar to the United States holding one of its own citizens as an enemy combatant,” said Levin. “This is the Supreme Court speaking.“

Levin again stressed recently that the bill applies to American citizens, and said that it was president Obama who requested that it do so:


This last comment above leads to a video clip of these statements.

Below we see similar comments:

U.S. Congressman Justin Amash states in a letter to Congress:

The Senate’s [bill] does not even distinguish between American citizens and non-citizens, or between persons caught domestically and abroad. The President’s power, in his discretion, to detain persons he determines have supported associated forces applies just as strongly to Americans seized on U.S. soil as it does to foreigners captured on a far away battlefield.

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