As the National Defense Authorization Act (NDAA) for Fiscal Year 2013 comes before the House of Representatives, Congressmen Adam Smith and Justin Amash offer an amendment forbidding indefinite detention.
As we reported late last week, the House Armed Services Committee passed the latest version of the National Defense Authorization Act (NDAA).
We also informed readers that despite promises to the contrary from Committee Chairman Howard P. “Buck” McKeon (R-Calif.), the provisions of the bill permitting the indefinite detention of American citizens without charge or trial remain intact.
Sometime this week the House will begin deliberating the annual markup of the NDAA, and there is hope that there will be renewed opposition from members of Congress to the most pernicious sections of the bill — those giving the President authority to deploy the armed forces of the United States to arrest and indefinitely detain American citizens apprehended on American soil who are suspected by him of posing a military threat to the security of the homeland.
Even a cursory reading of the revamped version reveals the presence of these most unconstitutional grants of power, despite assurances that the new language is less offensive to our nearly-1,000-year history of enjoying these basic civil liberties.
For example, Section 1033 of the mark-up version passed by the committee is pointed to by McKeon as proof that habeas corpus is protected in the 2013 legislation. Here is the current text of that updated provision:
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Photo: Representatives Adam Smith (left) and Justin Amash