Senator Dianne Feinstein

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Bipartisan Senate Amendment Seeks to End Indefinite Detention of American Citizens

in Criminal Justice, Foreign Policy, Liberator Online, Middle East, National Defense, News You Can Use, Personal Liberty by Jackson Jones Comments are off

An amendment to the FY 2016 National Defense Authorization Act (NDAA), sponsored by Sen. Mike Lee, R-Utah, would guarantee that no American citizen can be indefinitely detained by the federal government without charges being filed against them.

DetentionIn 2011, Congress passed the FY 2012 version of the NDAA, which contained a controversial provision that, read broadly, could be used to detain American citizens suspected of terrorism without charges or trail under the 2001 Authorization for Military Force against al-Qaeda. The Lee amendment – which is cosponsored by a bipartisan group of senators, including Rand Paul, R-Ky., and Dianne Feinstein, D-Calif. – would resolve the controversy.

“America should never waiver in vigilantly pursuing those who would commit, or plot to commit, acts of treason against our country. But the federal government should not be allowed to indefinitely imprison any American on the mere accusation of treason without affording them the due process guaranteed by our Constitution,” Lee said in a statement released by his office. “By forbidding the government from detaining Americans without trial absent explicit congressional approval, the Due Process Guarantee amendment strikes the right balance between protecting our security and the civil liberties of each citizen.”

The Fifth and Fourteenth Amendments to the Constitution guarantee Americans the right to due process of law. The Sixth Amendment protects the right to “a speedy and public trial.”

The indefinite detention provision was inserted into the FY 2012 NDAA at the request of the White House, according to then-Sen. Carl Levin, D-Mich., who complied with the administration’s wishes. A Senate amendment, which passed the upper chamber with strong bipartisan support, to clarify the language was dropped during negotiations to resolve differences between the House and Senate’s versions of the FY 2013 NDAA.

“The Constitution does not allow President Obama, or any President, to apprehend an American citizen, arrested on U.S. soil, and detain these citizens indefinitely without a trial,” said Sen. Ted Cruz, R-Texas, another cosponsor of the amendment. “The Due Process Guarantee amendment will prohibit the President’s ability to indefinitely detain U.S. citizens arrested on American soil without trial or due process.”

“While we must vigorously protect national security by pursuing violent terrorists and preventing acts of terror, we must also ensure our most basic rights as American citizens are protected,” Cruz added.

The Senate is currently debating the FY 2016 version of the NDAA. Votes on amendments will occur over the next few legislative days. The bill passed the House in mid-May by a vote of 269-151.

VIDEO: “Isn’t it Ironic”: Remy Rips Feinstein on Spying

in Liberator Online by James W. Harris Comments are off

(From the Intellectual Ammunition section in Volume 19, No. 6 of the Liberator Online. Subscribe here!)

Okay, admit it: you had to laugh when Senator Diane Feinstein — long one of the Senate’s biggest defenders of NSA spying — was suddenly filled with outrage when she found out that SHE, too, was being spied on. Hey! That’s going too far!

The irony is just too perfect. And who better to point this out than the great liberty-minded comedian Remy?

In this 2-minute video from our friends at Reason TV, Remy updates the Alanis Morissette hit “Isn’t it Ironic” …with Feinstein in mind.

You can read the lyrics here. Laugh along with lines like:

Senator, this may surprise you
and the irony bites
but Congresspeople ain’t the only ones
with 4th Amendment rights

…oh, and we really like the quick dig at the Great Interner, FDR, too.

Share it with friends!

Credits: Written and performed by Remy. Video and animation by Meredith Bragg. Music performed, produced, recorded, mixed and mastered by Ben Karlstrom.