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 @davidcnswanson Cmon. They can be spooked by fancy refrigerators, or they can be torturing. This is a less dangerous hobby @rj_gallagher
1mreplyretweetfavorite
emptywheel You forgot your #NotTheOnion hash. RT @rj_gallagher: CIA freaking out about smart refrigerators: http://t.co/WubgFmvSLw
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bmaz @BernardKingIII No, it is a dagger. And might just move the needle to single payer, which they really wouldn't like.
6mreplyretweetfavorite
bmaz @armandodkos @radleybalko Works for me; certainly no good argument to the contrary.
7mreplyretweetfavorite
bmaz @BernardKingIII Well, I still think it will be reversed en banc, but yes, if not, then absolutely stayed.
10mreplyretweetfavorite
bmaz @BernardKingIII And, really, the Admin fix to the problem makes sense; hard to strip benefits already being received. Bet even AMK+JGR agree
14mreplyretweetfavorite
emptywheel @gazoombo Seems to be a vendor-driven event.
15mreplyretweetfavorite
bmaz @radleybalko @armandodkos Perhaps we can all just agree politicians should read and understand bills before voting them into law.
17mreplyretweetfavorite
emptywheel @gazoombo Tacos maybe?
18mreplyretweetfavorite
bmaz @BernardKingIII Agree. For a variety of reasons, still think ACA proponents win this ultimately, my pet peeve is them calling arg meritless
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emptywheel @quinnnorton Was trying to figure out WTF that meant.
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emptywheel @quinnnorton Hmm. Makes sense.
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