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.

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+0Email to someone

19 Responses to Feinstein Tries Again to Fix the Detainee Provisions

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
Emptywheel Twitterverse
bmaz @imillhiser @fedcourts @jostonjustice Maybe, but are light yrs different than liberal lion appointments of Carter. Overall big move right.
5mreplyretweetfavorite
bmaz RT @Popehat: If Ayn Rand and H.P. Lovecraft started a writers' workshop, Maureen Dowd would be the result. (via @ggreenwald) http://t.co/NO
8mreplyretweetfavorite
bmaz @ScottGreenfield ((((HUGS))))
12mreplyretweetfavorite
JimWhiteGNV @JT__Orlando I'll gladly take last night's blowout loss to the Yankees in return for dumping Balfour so early in the season.
14mreplyretweetfavorite
bmaz Bernie Ecclestone should be tarred, feathered, and then shot if he replaces Monza/Italian GP with Azerbaijan http://t.co/IZbRrEdk3h
19mreplyretweetfavorite
bmaz Hat's off to @leighdiffey for pointing out the human rights problems in Bahrain after Sam Posey did a puff piece. #F1
23mreplyretweetfavorite
emptywheel @dreamhampton Our local (GR) brewery just added poutine to the menu (they've got superb fries), making 2 neighborhood poutine options.
26mreplyretweetfavorite
emptywheel @TeresaKopec Like I bet SC could become the nation's almond capital. @Blue__America
30mreplyretweetfavorite
emptywheel @TeresaKopec I traded CA our rain provided they take it in our best-in-country potholes. U should demand something for yours @Blue__America
30mreplyretweetfavorite
JimWhiteGNV Uh oh. That makes trespassing to climb a crane not look nearly so bad anymore. https://t.co/GvpKCQnBOK
30mreplyretweetfavorite
emptywheel @zhinxy_vs_media That's a relief. These days that might get someone booted. @puellavulnerata
35mreplyretweetfavorite
JimWhiteGNV Sentries at the gate. http://t.co/UPHZt58UpQ
38mreplyretweetfavorite
December 2011
S M T W T F S
« Nov   Jan »
 123
45678910
11121314151617
18192021222324
25262728293031