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Fri Dec 16, 2011, 03:23 AM

Senator Feinstein proposes a stand-alone bill to fix the problems with the NDAA. [View all]

Sounds good, but if they thought it was needed, why didn't they just fix the NDAA in the first place instead of introducing this stand-alone bill? Still this would be good if it passes.


December 15, 2011
Feinstein: Prohibit Indefinite Detention of American Citizens Without Trial or Charge

‘Constitution gives every citizen the basic due process right to a trial on their charges’
Washington—Senator Dianne Feinstein (D-Calif.), chairman of the Senate Intelligence Committee, today introduced the Due Process Guarantee Act of 2011, legislation that states American citizens apprehended inside the United States cannot be indefinitely detained by the military.

The Due Process Guarantee Act of 2011 amends the Non-Detention Act of 1971 by providing that a Congressional authorization for the use of military force does not authorize the indefinite detention—without charge or trial—of U.S. citizens who are apprehended domestically.

The Feinstein bill also codifies a “clear-statement rule” that requires Congress to expressly authorize detention authority when it comes to U.S. citizens and lawful permanent residents. The protections for citizens and lawful permanent residents is limited to those “apprehended in the United States” and excludes citizens who take up arms against the United States on a foreign battlefield, such as Afghanistan.

Feinstein said: “The argument is not whether citizens such as Yaser Esam Hamdi and Jose Padilla—or others who would do us harm—should be captured, interrogated, incarcerated and severely punished. They should be.

“But what about an innocent American? What about someone in the wrong place at the wrong time? The beauty of our Constitution is that it gives every citizen the basic due process right to a trial on their charges.

“Experiences over the last decade prove the country is safer now than before the 9/11 attacks. Terrorists are behind bars, dangerous plots have been thwarted. The system is working.

“We must clarify U.S. law to state unequivocally that the government cannot indefinitely detain American citizens inside this country without trial or charge. I strongly believe that Constitutional due process requires U.S. citizens apprehended in the U.S. should never be held in indefinite detention. And that is what this new legislation would accomplish.”

The Due Process Guarantee Act of 2011 is cosponsored by Senators Patrick Leahy (D-Vt.), Mike Lee (R-Utah), Mark Udall (D-Colo.), Mark Kirk (R-Ill.), Rand Paul (R-Ky.), Chris Coons (D-Del.), Dick Durbin (D-Ill.), Kirsten Gillibrand (D-N.Y.), Bill Nelson (D-Fla.), Jeanne Shaheen (D-N.H.), Al Franken (D-Minn.), Tom Udall (D-N.M.) and Claire McCaskill (D-Mo.).

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http://www.feinstein.senate.gov/public/index.cfm/press-releases?ID=92cd1ac6-e756-4cd3-982c-ab34d1933d94

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Reply Senator Feinstein proposes a stand-alone bill to fix the problems with the NDAA. [View all]
limpyhobbler Dec 2011 OP
Tx4obama Dec 2011 #1
joshcryer Dec 2011 #2
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mucifer Dec 2011 #10
karynnj Dec 2011 #21
Romulox Dec 2011 #12
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joeybee12 Dec 2011 #22
ProSense Dec 2011 #3
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TheKentuckian Dec 2011 #13
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