Indefinite detention amendment to be voted on soon [update: PASSED 67-29]

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tsai3904

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Senator Feinstein has sponsored an indefinite detention amendment with support from Rand. The amendment will be debated tomorrow, Thursday, with a vote occurring tomorrow or Friday.

Please call your Senators now and urge them to support the amendment.

It is Amendment #3018 to S. 3254 (the NDAA bill) or just the Feinstein Amendment on indefinite detention.

You can find your Senators' phone numbers here:

http://www.senate.gov/general/contact_information/senators_cfm.cfm

Here is the text of the amendment:

At the end of Subtitle D of title X, add the following:

Sec. 1032. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS AND LAWFUL PERMANENT RESIDENTS.

Section 4001 of title 18, United States Code, is amended-

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following:

"(b)(1) An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such detention.

"(2) Paragraph (1) applies to an authorization to use military force, a declaration of war, or any similar authority enacted before, on, or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013.

"(3) Paragraph (1) shall not be construed to authorize the detention of a citizen of the United States, a lawful permanent resident of the United States, or any other person who is apprehended in the United States.".
Click to expand...

It applies to US citizens and lawful permanent residents. Feinstein said she supports applying it to all persons but there is not enough support to get that passed (similar amendment received only 45 votes in 2011).

Cosponsors:

Baucus (MT)
Collins (ME)
Coons (DE)
DeMint (SC)
Gillibrand (NY)
Heller (NV)
Johnson (SD)
Kirk (IL)
Lautenberg (NJ)
Lee (UT)
Paul (KY)
Sanders (VT)
Tester (MT)
Webb (VA)
Whitehouse (RI)

Rand speaking in support of the amendment:


http://www.youtube.com/watch?v=qdMU4N-Xo2E
 
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Well she's one of my senators and I have written to her on this subject before, so I guess I should thank her, and I will contact Boxer as well
 
McCain just said they hope to limit debate on the detainee amendment tomorrow morning and then bring it to a vote.

Get on the phone now!!
 
Totally pointless, it's a waste of time to try to corral support for this. Declare the suspect a terrorist and their citizenship is revoked, and on top of that, this amendment will give further legitimacy to the government having the authority to indefinitely detain individuals.

Worse than a waste of time, even, this is counterproductive.
 
Feeding the Abscess said:
Totally pointless, it's a waste of time to try to corral support for this. Declare the suspect a terrorist and their citizenship is revoked, and on top of that, this amendment will give further legitimacy to the government having the authority to indefinitely detain individuals.

Worse than a waste of time, even, this is counterproductive.
Click to expand...

This is one step in the process. If this passes, the next step would be to apply it to all persons. The only way that will happen is if people start convincing others and electing Congressmen who share the same beliefs.

Regarding giving the govt legitimacy...Ron wants to eliminate the IRS. Is Ron giving legitimacy to the government having the authority to tax people's income when he votes to reduce income tax rates?
 
Citizenship can only be revoked if you've been convicted of an Act of Treason as far as I know.
 
Senator Mike Lee (R-Utah), one of my favorite senators, speaks in favor of the amendment!

 
Also, nice to see Senator Dean Heller on the list of co-sponsors. He was just re-elected this November. He also voted for Senator Paul's amendments to the Patriot Act last year. He's pretty close to the liberty movement. Hopefully he'll stay that way. (Not to mention he's decent on fiscal issues).
 
jmdrake said:
It's good to see Demint is a co-sponsor. Maybe he is coming around....
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Wow! Sharp eyes. I didn't notice that Senator Demint was a co-sponsor. This is GREAT NEWS! :) I truly believe that Senator Demint has America's best interest in mind when he votes...he is a man of integrity (even on the few votes where I disagree with him on).
 
Spoa said:
Wow! Sharp eyes. I didn't notice that Senator Demint was a co-sponsor. This is GREAT NEWS! :) I truly believe that Senator Demint has America's best interest in mind when he votes...he is a man of integrity (even on the few votes where I disagree with him on).
Click to expand...

I added him late. Collins mentioned in her speech that DeMint wanted to be added as a cosponsor to the amendment.
 
Lindsey Graham speaks out:

"In every war, Americans have joined the enemy forces. In every other war when they do so that is considered an act of war, not a common crime," said Sen. Lindsey Graham (R-S.C.), a former military lawyer who called Feinstein's amendment a "disaster."

"What they're trying to do is say if you can find an American who is trying to help Al Qaeda, you can't hold them for military interrogation to find out what they're up to," Graham said. "You have to read them their rights and treat it as a common crime ... I think it will make us less safe."

Graham suggested a major problem with shielding Americans from the military system is that it would become an enticement for Al Qaeda to use citizens to carry out attacks, on the theory that they could get lawyers before divulging details to military interrogators.

"I think what you would actually be doing is actually encouraging the enemy to find American citizens," he said. "You would make an American operative much more valuable to Al Qaeda."

...

On that point, at least, Graham agreed. "I think I won't live to see the situation where radical Islamists are not threatening the United States," he told The Huffington Post. "I think one day they will be defeated, but it's not going to happen any time soon."

Graham also said the authority that allows for indefinite detention should stand until that time.
Click to expand...

http://www.huffingtonpost.com/2012/11/28/indefinite-detention-ndaa-senate_n_2207794.html
 
Was I the only one that thought Graham was referring to himself when he said "In every war, Americans have joined the enemy forces."?
 
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