The Enemy Belligerent Interrogation, Detention and Prosecution Act of 2010

[Subdivisions]

Edited to add: Bill introduced by Sen. John McCain and supported by Sen. Joseph Lieberman...

WASHINGTON - March 4 - A bill introduced today in the Senate would hand the government the power to indefinitely detain terrorism suspects without charge or trial, dealing a swift blow to due process and the rule of law.

The Enemy Belligerent Interrogation, Detention and Prosecution Act of 2010, introduced by Senators John McCain (R-AZ) and Joseph Lieberman (I-CT), would also create an entirely new system of interrogation by requiring intelligence officials to be consulted about how to handle terrorism suspects after their capture. The bill was precipitated by misguided objections to the Obama administration's correct decision to charge accused Christmas Day attacker Umar Farouk Abdulmutallab in the criminal court system. The legislation would have a "high value detainee" team, made up of members of different intelligence agencies, interrogate and determine whether alleged terrorist suspects are "unprivileged enemy belligerents." If so, and if the suspect is then charged, the legislation would mandate the use of the discredited and unconstitutional military commissions.

The American Civil Liberties Union vigorously opposes the Enemy Belligerent Interrogation, Detention and Prosecution Act.

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http://www.aclu.org/national-security/senators-mccain-and-lieberman-introduce-bill-authorize-indefinite-detention


Here is the text of the bill: http://assets.theatlantic.com/static/mt/assets/politics/ARM10090.pdf
And, an article from The Atlantic: http://www.theatlantic.com/politics/archive/2010/03/a-detention-bill-you-ought-to-read-more-carefully/37116

And excerpt from The Atlantic:

A Detention Bill You Ought to Read More Carefully

Why is the national security community treating the "Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010," introduced by Sens. John McCain and Joseph Lieberman on Thursday as a standard proposal, as a simple response to the administration's choices in the aftermath of the Christmas Day bombing attempt? A close reading of the bill suggests it would allow the U.S. military to detain U.S. citizens without trial indefinitely in the U.S. based on suspected activity. Read the bill here, and then read the summarized points after the jump.
According to the summary, the bill sets out a comprehensive policy for the detention, interrogation and trial of suspected enemy belligerents who are believed to have engaged in hostilities against the United States by requiring these individuals to be held in military custody, interrogated for their intelligence value and not provided with a Miranda warning.

(There is no distinction between U.S. persons--visa holders or citizens--and non-U.S. persons.)

It would require these "belligerents" to be coded as "high-value detainee(s)" to be held in military custody and interrogated for their intelligence value by a High-Value Detainee Interrogation Team established by the president. (The H.I.G., of course, was established to bring a sophisticated interrogation capacity to the federal justice system.)

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http://www.theatlantic.com/politics/archive/2010/03/a-detention-bill-you-ought-to-read-more-carefully/37116