Senators introduce the Due Process Guarantee Act

A bipartisan group of Senators have wasted no time in trying to apply a legislative fix to the “indefinite detention” language in the National Defense Authorization Act (NDAA), which was passed last night. The Due Process Guarantee Act (full text below), sponsored by Sen. Dianne Feinstein, would ensure the protections that the NDAA would seemingly erase:

Senator Dianne Feinstein (D-Calif.), chairman of the Senate Intelligence Committee, today introduced the Due Process Guarantee Act of 2011, legislation that states American citizens apprehended inside the United States cannot be indefinitely detained by the military.

The Due Process Guarantee Act of 2011 amends the Non-Detention Act of 1971 by providing that a Congressional authorization for the use of military force does not authorize the indefinite detention—without charge or trial—of U.S. citizens who are apprehended domestically.

The Feinstein bill also codifies a “clear-statement rule” that requires Congress to expressly authorize detention authority when it comes to U.S. citizens and lawful permanent residents. The protections for citizens and lawful permanent residents is limited to those “apprehended in the United States” and excludes citizens who take up arms against the United States on a foreign battlefield, such as Afghanistan.

According to Feinstein’s office, the list of co-sponsors includes Sens. Patrick Leahy (D-VT), Mike Lee (R-UT), Mark Udall (D-CO), Mark Kirk (R-IL), Rand Paul (R-KY), Chris Coons (D-DE), Dick Durbin (D-IL), Kirsten Gillibrand (D-NY), Bill Nelson (D-FL), Jeanne Shaheen (D-NH), Al Franken (D-MN), Tom Udall (D-NM), and Claire McCaskill (D-MO).

Call your Senators now and ask them to support this bill!

Due Process Guarantee Act of 2011


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