Feinstein Tries Again to Fix the Detainee Provisions

Kudos to Dianne Feinstein for trying to eliminate the President’s ability to indefinitely detain (and kill?) American citizens. This time, she’s trying a free-standing bill titled the Due Process Guarantee Act of 2011. It says,

(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 Due Process Guarantee Act of 2011.

The language seems sound enough to me. And given that this wouldn’t constrain the President’s ability to detain (or kill) Americans in Yemen, the Obama Administration might not put up as big of a fight as it did with the detainee provisions (though I suspect they would fight it, because of all the other things that rely on detention language–they’d have to rewrite a bunch of OLC memos).

Of course all that assumes this would be passed before President Newt takes over; he’d never sign something like this.

But the other thing is that DiFi has a habit of introducing very simple language and getting pushed around by the Executive, effectively letting the President tweak such language out of existence (see also her “exclusivity provision” in the FISA Amendments Act).

I think if she could get a vote, with this language, she might just win.

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bmaz @WALLACHLEGAL @AppellateDaily @MikeAndMike A shame you didn't get to educate them on Deflategate, because they are consistently uninformed.
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bmaz @KevinMKruse @pastordan Huh, so @TheTrumpBible is as full of shit and obnoxious as Trump himself. Who would have guessed.
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bmaz When Ignatius is right, he is right. https://t.co/Nm4DqQVmeS
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bmaz @sarahemclaugh @adamsteinbaugh It is maddening that what you said keeps having to be said.
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bmaz @adamjohnsonNYC @trevortimm Well, you have to admit "Fuck up everything" pretty much IS the model for use of force by the US these days.
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bmaz @Atrios @MayorStanton @KateWGallego Also, wasn't just pub transit, our roads are really getting dilapidated+anybody who drives is frustrated
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bmaz @cody_k Nope, not yet anyway. Seems to be a good kid and a good quarterback.
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bmaz @Atrios leadership such as @MayorStanton and councilwoman @KateWGallego They brought it home in a core city bluer than most realize.
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bmaz @Atrios Re Moar Taxes: Confluence of lot of things here. But mostly this was truly core Phoenix election, and Phx has some great progressive
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bmaz @cody_k In fairness, barring injury, you are projected to have a very good year this year in the Pac-12.
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bmaz @KellyFlood3 Would like that!
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JimWhiteGNV @joanneleon It's floating laminate.
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