December 10, 2011
I received this e-mail this morning from Senator Begich. There is no mention as to why the government is maintaining 800 detention camps. You decide...Dear Mr. Kroll:
Thank you for contacting me about detainee provisions in S.1867, the National Defense Authorization Act for Fiscal Year 2012, which passed the Senate 93-7 on December 1, 2011. These provisions will continue to be worked on and finalized during conference negotiations with the House of Representatives. I appreciate the opportunity to respond to and understand your concerns prior to the negotiations of the final bill.
As an advocate of constitutional rights and civil liberties, I strongly oppose the military arresting U.S. citizens on American soil. I also do not support military detention of U.S. citizens–unless they are members or supporters of al-Qaeda or the Taliban, were involved in the terrorist attacks on September 11, 2001, or have engaged in hostile action against our troops overseas. I voted in support of the detainee provisions in S.1867 because it will codify law which provides protection for civil liberties, does not allow for the military to arrest U.S. citizens on American soil and prohibits military custody of individuals who are not members of al-Qaeda or the Taliban.
The just-passed bill does not allow for military apprehension of U.S. citizens on American soil and does not mandate indefinite military detention of U.S. citizens who have participated in an act of war. In fact, the provisions provide no new or expanded detention authority to the President. To ensure that was clear and to continue to defend citizens' rights under the Constitution, I supported one of Senator Feinstein's amendments. The amendment clearly states the provisions shall not be construed to affect existing laws or authorizations relating to the detention of our citizens arrested in the United States by the civil authorities–even if they are members or supporters of al-Qaeda or the Taliban, involved in the terrorist attacks on September 11, 2001, or who engage in hostile action against our troops overseas.
The bill does, however, affirm the President's existing detention authority under the Authorization for Use of Military Force (Public Law 107-40) passed by Congress in 2001. This law already allows the President to detain any person who is deemed to be a member or supporter of al-Qaeda or the Taliban, involved in the terrorist attacks on September 11, 2001, or has engaged in hostile action against our troops overseas. This includes the authority to indefinitely detain U.S. citizens like John Walker Lindh, who fought alongside the Taliban against U.S. troops in Afghanistan, as an enemy combatant subject to the law of war. The authority to detain U.S. citizens engaging in acts of war against the U.S. was confirmed in a Supreme Court case in 2004, Hamdi v. Rumsfeld, which stated that "[t]here is no bar to this Nation's holding one of its own citizens as an enemy combatant."
To protect citizens and non-citizens from being wrongfully held, S.1867 also includes a number of provisions to uphold the rights of those accused of joining the Taliban or al-Qaeda during their detention. The bill requires the Department of Defense (DOD) to provide them with an attorney and mandates DOD provide evidence of proof to a federal judge the person is a member or supporter of al-Qaeda or the Taliban, was involved in the terrorist attacks on September 11, 2001, or has engaged in hostile action against our troops. There will also be an annual review of the person's status as an enemy held under the law of war. Further, nothing in the bill undercuts habeas corpus rights of those in detention. Citizens and non-citizens will still be able to seek a federal court review of the legality of their detention.
I believe affirming the President's already existing authority to detain persons who would harm America under the law of war is important to national security. While the provisions in the bill provide no new authority relating to detention of persons who commit acts of war I understand there is much debate regarding the Hamdi court case and detention of U.S. citizens. I believe the provisions in the bill will protect innocent American citizens from unwarranted detention and I will be working with my colleagues on the Senate Armed Services Committee to ensure this remains absolutely clear as negotiations begin with the House of Representatives.
Sincerely,
Mark Begich
U.S. Senator
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