Congressmen Announce Bill To Repeal NDAA Infinite Detention, Torture

Posted by Alexander Higgins - March 8, 2012 at 6:32




US Congressman introduce a bill to repeal the Federal government’s authority to infinitely detain and torture US citizens without trial.

Members of both the House and Senate Armed Services Committees have announced new legislation that will repeal the most controversial aspects of the NDAA which authorizes the infinite detention of US citizens without trial.

The summary of the legislation outlines several provisions that ensures that anyone captured, detained, or arrested in the United States on suspicion of terrorism will go through the either federal or state courts, and be provided due process rights awarded under the Constitution.The legislation would further outlaw the “military combatant ant” detention of US citizens, require that proper evidence is provided regarding any allegations, and prevent them from being shipped to overseas CIA torture prisons.

The summary of the legislation reads (full text below the graphic)






U.S. Senate

U.S. House of Representatives

FACT SHEET: The Due Process and Military Detention Amendments Act of 2012
  • The Due Process and Military Detention Amendments Act of 2012, which is grounded in the core principles of the United States Constitution, ensures that any individual detained on U.S. soil has access to due process, the federal or state court systems and will not be detained indefinitely by the military pursuant to the Authorization for Use of Military Force (AUMF).
  • The current law gives the Executive Branch too much power. The bill strikes an ill-conceived and unnecessary provision in the FY2012 National Defense Authorization Act (NDAA) that relates to mandatory military custody (section 1022).
  • The bill also amends the permissive detention provision of FY2012 NDAA (section 1021) to clarify that the only option for anyone detained in the United States pursuant to the AUMF is the Article III courts (federal) and state courts. This bill prohibits military commissions, indefinite detention and transfer to foreign countries for individuals detained in the United States.
  • The bill also states that any trial proceedings “shall have all the due process as provided for under the Constitution” and ensures that anyone detained in the United States pursuant to the AUMF will be tried in our civilian courts and receive all the due process rights enshrined in the Constitution.
  • Our civilian law enforcement investigations have a proven track record of success and have provided intelligence and admissible statements without Miranda in “crisis detention” situations, as demonstrated by the recent mandatory life sentence received by Umar Farouk Abdulmutallab, the “Underwear Bomber.”
  • Over 300 individuals convicted of crimes related to international terrorism are currently incarcerated in federal prisons within the United States with no escapes or retaliatory actions.
  • Our civilian courts cover a broad set of offenses, giving our federal prosecutors a wide range of tools that can be used to incapacitate suspected terrorists.
  • Our civilian courts enhance international cooperation. A number of countries have indicated that they will not cooperate with the United States in certain counterterrorism efforts, for example, in providing evidence or extraditing suspects, if we intend to use that cooperation in pursuit of a military commission prosecution. Although the use of military commissions in the United States can be traced back to the early days of our nation and is an effective tool in presenting evidence obtained from the battlefield, in their present form they are less familiar to the international community than our civilian criminal justice system and Article III courts.
The news of the announced legislation was reported on Congressman Adam Smith’s House web site.
Ranking Member Adam Smith, Senator Mark Udall Launch Effort to Protect Citizens from Indefinite Detention, Preserve Civil Liberties

Ranking Member of the House Armed Services Committee, Congressman Adam Smith (WA-09), and Senator Mark Udall (CO), a member of the Senate Armed Services and Intelligence committees, unveiled legislation (summary) at a press conference today to ensure that any individual detained on U.S. soil under the Authorization of Military Force (AUMF) has access to due process and the federal court system.
The bills also prohibit military commissions and indefinite detention for individuals detained in the United States and affirms that any trial proceedings “shall have all the due process as provided for under the Constitution.”
In unveiling their companion bills, Smith and Udall made the following joint statement:
“Current law gives the executive branch too much power. By ensuring all due process rights enshrined in the Constitution, our legislation protects civil rights and ensures national security. The bills clarify that the only options for anyone detained in the United States pursuant to the Authorization for Use of Military Force (AUMF) are Article III courts (federal) and state courts. They prohibit military commissions and indefinite detention.
“In addition to protecting civil liberties, these bills strengthen one of our strongest assets in trying suspected terrorists: Article III courts and domestic law enforcement. Federal courts have a proven track record of success: Over 400 defendants charged with crimes related to international terrorism have been successfully convicted in the United States since 9/11.
“Additionally, our civilian law enforcement also has a proven track record of success as demonstrated by the recent mandatory life sentence received by Umar Farouk Abdulmutallab, the “underwear bomber.” This conviction builds on a history of success. In fact, more than 300 individuals convicted of crimes related to international terrorism are currently incarcerated in federal prisons within the United States with no escapes or retaliatory attack.
“While some claim we should shy away using a court system that has been a model for the world for more than 200 years, we believe that we should embrace it. We should not fear our Constitution. We should embrace it.”
Source: Adam Smith’s Official House Of Congress Website
Russia Today reports:
Congress considers repeal of indefinite detention and torture

Barely two months after President Obama authorized the indefinite detention of Americas, two members of US Congress are asking fellow lawmakers to approve a bill that will repeal a controversial provision of the NDAA.

US Congress

(RT) – Barely two months after President Obama authorized the indefinite detention of Americas, two members of US Congress are asking fellow lawmakers to approve a bill that will repeal a controversial provision of the NDAA.
US President Barack Obama inked the National Defense Authorization Act on New Year’s Eve, essentially allowing the American Armed Forces to indefinitely detain any suspected terrorist, including Americans, without ever bringing them to trial. Though President Obama has spoken out against the act — the very same one he signed — the legislation is currently in effect and allows the US government to grossly strip away rights otherwise guaranteed by the country’s Constitution.
The federal government has already gone to the NDAA to support the continued detention of alleged foreign terrorists, but two members of Congress, Rep. Adam Smith of Washington and Sen. Mark Udall of Colorado, are asking other lawmakers in the House and Senate to sign their name on a bill that will make sure anyone — American or not — will be given a fair trial.
“The goal here is to have clarity, first of all, on how these people are handled in the US, and second of all, to reassert the primacy and the importance of our civil justice system,” Smith says of the proposed bill. “It is our contention that our civil justice system absolutely protects us from the threat in this case.”
In addition to holding a position within the US House of Representatives, Congressman Smith is also the ranking member of the House Armed Services Committee. Both him and Senator Udall proposed their own solutions to the detainment provisions before Congress on Thursday this week.
Although he signed the NDAA into law, President Obama has opposed the own legislation that his administration helped create. Since being authorized last year though, some lawmakers have proposed solutions of their own even before Smith and Udall offered their alternative. Elected officials in the states of Virginia, Washington and Utah have already drafted legislation of their own that reverses the indefinite detention provision, Section 1021 of the NDAA, in their own state. Additionally, Texas congressman and presidential hopeful Ron Paul has offered a bill on his own that would negate the controversial conditions within the act. As none of these laws have yet to be approved, though, Smith and Udall hope that the federal government will give in to increased pressure and pull the plug on their own provision.
“More than 10 years later, one thing has become absolutely clear: our criminal justice system in the US is 100 percent adequate to take care of this problem,” says Smith in discussing America’s post-9/11 courts. “But at the same time, on the books we have a law that gives the executive branch the power to indefinitely detain people here in the US, even US citizens. And we believe that we should take that off the books.”
CNN Reports:
Lawmakers announce bill prohibiting indefinite detention in U.S.


[...]
Rep. Adam Smith of Washington, the ranking member of the House Armed Services Committee, and Sen. Mark Udall of Colorado said the legislation would ensure that anyone captured, detained, or arrested in the United States on suspicion of terrorism will go through the civilian justice system and be provided due process rights awarded under the Constitution.
[...]
“The goal here is to have clarity, first of all, on how these people are handled in the U.S., and second of all, to reassert the primacy and the importance of our civil justice system,” Smith said. “It is our contention that our civil justice system absolutely protects us from the threat in this case.”
The bill is aimed at amending a controversial provision added to the National Defense Authorization Act that gave the military the authority to indefinitely detain anyone suspected of terrorism in the United States.
“More than 10 years later, one thing has become absolutely clear: our criminal justice system in the U.S. is 100% adequate to take care of this problem,” said Smith, who claimed that more than 400 terror suspects have been tried successfully by U.S. civilian courts. “But at the same time, on the books we have a law that gives the executive branch the power to indefinitely detain people here in the U.S., even U.S. citizens. And we believe that we should take that off the books.”
Chairman of the House Armed Services Committee, Rep. Buck McKeon, R-California, is worried the language in the new bill goes too far.
“For example, under the guise of providing ‘access’ to civilian courts, the Smith/Udall bill would actually require that foreign terrorists like the underwear bomber be held by civilian authorities and tried in civilian courts as common criminals,” said McKeon spokesman Claude Chafin. “Those who attack us are not mere criminals, but terrorists, often carrying vital information about future attacks that our military can exploit to keep us safe. They should be treated as such.”
The National Defense Authorization Act was strongly contested in Congress last year, with the issue of indefinite detention being high on the list of concerns for those who opposed its passing. President Barack Obama threatened to veto the bill, but after amendments were made, he relented.
“I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists,” he said of the $662 billion legislation last year.
[...]
“I want to clarify that my administration will not authorize the indefinite military detention without trial of American citizens,” Obama said in a statement last year. “Indeed, I believe that doing so would break with our most important traditions and values as a nation.”
Smith argued that the current administration’s policy is not enough.
“Even though you can make the argument that this executive will not exercise the authority, has not exercised the authority, we don’t believe that you can afford to allow that kind of power to reside in the executive branch,” he said.
Source: CNN

Congressmen Announce Bill To Repeal NDAA Infinite Detention And Torture