Referee
6th February 2012, 19:32
I recieved this letter from the office of Congressman Rick Larsen this morning. I decided to share it seems even my Congressman does not understand the provisions of the bill.
Our it is a deliberate attempt to play the bill down.
Kind Regards,
Referee
Dear Kevin:
Thank you for contacting me with your concerns about the National Defense Authorization Act. I appreciate hearing from you about this important issue.
Many of you have contacted me to share your very deep concerns with the detainee provisions in the National Defense Authorization Act (NDAA). I heard from a great number of constituents who were concerned that the NDAA would negate American's right to Habeas Corpus, repeal Posse Comitatus, or otherwise allow indefinite military detention of American citizens without trial. Let me be very clear- if the NDAA had codified any of these things into law, I would not have voted for this bill.
The detainee provisions in the earlier versions of the NDAA were much too broad. I am a member of the House Armed Services Committee, and served on the House-Senate Conference Committee that produced the final bill. I fought to ensure that the detainee provisions were appropriately modified. The final language in this Act is very narrow. Please allow me to take this opportunity to explain exactly what the bill does and does not do with regard to detainee policy.
This legislation does not affect any current law regarding military detention of American citizens. U.S. citizens apprehended overseas are specifically exempted from the mandatory military detention requirement in the bill. Americans' right to Habeas Corpus upon detainment has not changed, nor does it affect the Posse Comitatus restrictions on military participation in civilian law enforcement. Detainees who are not American have the right to challenge their detention before a judge with representation.
The provision mandates military detention of foreign-born members of "al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda" and has "participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners."
As President Obama requested, the national security waiver included in the NDAA grants the President the authority to waive military detention in favor of detention in U.S. civilian courts. The waiver does not allow the President to send U.S. Citizens to military courts or military detention.
Please know that I will continue to monitor this issue closely, and should I feel that the implementation of this law strays from its intent, I will be a strong advocate for change. To this end, I am a cosponsor of H.R. 3702, known as the Due Process Guarantee Act of 2011. H.R. 3702 was introduced by Representative John Garamendi on December 16, 2011, and states unmistakably that the government cannot indefinitely detain American citizens or lawful U.S. residents without charging that person with a crime. The bill further codifies a "clear-statement rule" that requires Congress to expressly authorize detention authority when it comes to U.S. citizens and lawful permanent residents.
I hope this gives you a more thorough understanding of detainee policy in the NDAA and my position on this matter. I understand that this is an extremely emotional and complex issue, and I appreciate you taking the time to contact me with your concerns. Please do not hesitate to contact me in the future with any questions or concerns about this or any other issue.
Sincerely,
Rick Larsen
United States Representative
Washington State, 2nd District
Our it is a deliberate attempt to play the bill down.
Kind Regards,
Referee
Dear Kevin:
Thank you for contacting me with your concerns about the National Defense Authorization Act. I appreciate hearing from you about this important issue.
Many of you have contacted me to share your very deep concerns with the detainee provisions in the National Defense Authorization Act (NDAA). I heard from a great number of constituents who were concerned that the NDAA would negate American's right to Habeas Corpus, repeal Posse Comitatus, or otherwise allow indefinite military detention of American citizens without trial. Let me be very clear- if the NDAA had codified any of these things into law, I would not have voted for this bill.
The detainee provisions in the earlier versions of the NDAA were much too broad. I am a member of the House Armed Services Committee, and served on the House-Senate Conference Committee that produced the final bill. I fought to ensure that the detainee provisions were appropriately modified. The final language in this Act is very narrow. Please allow me to take this opportunity to explain exactly what the bill does and does not do with regard to detainee policy.
This legislation does not affect any current law regarding military detention of American citizens. U.S. citizens apprehended overseas are specifically exempted from the mandatory military detention requirement in the bill. Americans' right to Habeas Corpus upon detainment has not changed, nor does it affect the Posse Comitatus restrictions on military participation in civilian law enforcement. Detainees who are not American have the right to challenge their detention before a judge with representation.
The provision mandates military detention of foreign-born members of "al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda" and has "participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners."
As President Obama requested, the national security waiver included in the NDAA grants the President the authority to waive military detention in favor of detention in U.S. civilian courts. The waiver does not allow the President to send U.S. Citizens to military courts or military detention.
Please know that I will continue to monitor this issue closely, and should I feel that the implementation of this law strays from its intent, I will be a strong advocate for change. To this end, I am a cosponsor of H.R. 3702, known as the Due Process Guarantee Act of 2011. H.R. 3702 was introduced by Representative John Garamendi on December 16, 2011, and states unmistakably that the government cannot indefinitely detain American citizens or lawful U.S. residents without charging that person with a crime. The bill further codifies a "clear-statement rule" that requires Congress to expressly authorize detention authority when it comes to U.S. citizens and lawful permanent residents.
I hope this gives you a more thorough understanding of detainee policy in the NDAA and my position on this matter. I understand that this is an extremely emotional and complex issue, and I appreciate you taking the time to contact me with your concerns. Please do not hesitate to contact me in the future with any questions or concerns about this or any other issue.
Sincerely,
Rick Larsen
United States Representative
Washington State, 2nd District