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 Since when did "trolling" become synonymous w/ANY questioning credibility of author which @TheNation intellectually is selling? #JustStop
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bmaz @riversidesam Uh, no. I was not "trolling" Zirin in least. I asked him pertinent questions, in multiple ways, because he never answered them
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emptywheel RT @Caissie: So @gofundme removed racist comments made by donors to Darren Wilson's campaign, but will let campaign continue? No more GoFun…
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bmaz .@riversidesam Well, when you see Zirin "clarify his position" about execution of black men by citizens versus a cop, let me know.
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JimWhiteGNV RT @SunSportsRays: A beautiful first career complete-game shutout by @SmylyD 👏👏👏 Masterful. 105 pitches. A gem. Rays win 8-0. #AllSmyles
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bmaz .@riversidesam I posed it in different form because he neglected to answer any. If you, or he, call that "trolling" that is total bullshit.
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bmaz @riversidesam I hope I did, because, intellectually, I think he was full of shit in portions, certainly not all, but portions of that post.
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bmaz So Zirin accused me of "trolling" b/c I questioned him on one post. After years of mostly plaudits+deep respect. What kind of cheap is that?
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emptywheel @ncardozo Don't stop short of perfection, is all I'm saying.
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emptywheel RT @FalguniSheth: Historical, profound piece by @prisonculture in WaPo: For blacks, America is dangerous by default http://t.co/NlY6TVK1Z8
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emptywheel @benwilliams9999 Imagine 2 black men putting the Masters of Universe in prison.
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emptywheel @ncardozo Also why are you getting bored suing the USG before you've perfected winning?
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