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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Emptywheel Twitterverse
emptywheel @nickmanes1 NFL Network. I'm sure Bob has it on! ;p If Iggles lose then Kitties go, at least was wild card.
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emptywheel @nickmanes1 You could turn on football where the hapless Washingtons are currently beating the Iggles, which would be a good outcome.
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emptywheel @AdamSerwer Then doesn't it follow that those criticizing black youth are responsible for THOSE shootings?
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emptywheel @TonyRomm As a Lions fan, I'd be happy if ya'll make that decision.
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emptywheel @DanaHoule Hey now, even those who escaped the Empire in 1916 still use Cellotape!
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emptywheel @TimothyS Nice. I was waiting for them to say they were just teaching Sony "learned helplessness."
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JimWhiteGNV We tortured some folks. So? #2014in5words
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emptywheel @billmon1 No, really, the punch line is Evan Bayh. He's actually QUOTED in the torture report ... being a fucking moron.
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emptywheel RT @AlecMacGillis: When a player gets multiple concussions, knows what it means, but can't quit. Great @KVanValkenburg on Wes Welker: http:…
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emptywheel BREAKINGNOTBREAKING Evan Bayh is a chump. http://t.co/intM2rUXoC
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JimWhiteGNV Shocking! Oh, wait... RT @nytimesworld: Panel to Advise Against Penalty for C.I.A.’s Computer Search http://t.co/MqXeS8DWwV
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emptywheel @empiricalerror LOL. Wung it.
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