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 RT @rj_gallagher: More on remarkable gathering w/ Google, Apple & spy chiefs from the great @dcampbell_iptv, who was there: http://t.co/gIc
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emptywheel RT @Carter_PE: Patriotism or business (or both)? "...teams from every league, including the NCAA, have contracts with DoD..." http://t.co/W
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emptywheel RT @couragesnowden: James Clapper says German government's NSA inquiry is 'more dangerous' than #Snowden http://t.co/1Xw4SgVQ9f more: http…
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emptywheel Would absolutely make sense Comey's guy demanding they "lapse the dragnet to save it." Eg it would get him iMessage metadata & Internet NSLs
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emptywheel I know it's really early & a holiday weekend. But is "hospital hero" Jim Comey the one demanding authoritarian grab? https://t.co/XYxdywyZmW
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JimWhiteGNV Moar coffeez!
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JimWhiteGNV Mmmmphfth. Too damned early.
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emptywheel @weems Oh no, he is. The goal is to create a crisis and use it. @robertcaruso's just playing along. @Krhawkins5
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bmaz @Pachacutec_ @msbellows @JoeSudbay Bring me this treasure, Inca God!!
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bmaz @walterwkatz @PhilPerspective Oh man, +1000 on that.
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