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 Hat's off to @StephStradley for giving a nice looking couple seats to the Texans game. #NiceWork https://t.co/yXLET7fE4e
emptywheel @nickmanes1 I still don't understand how Eli's contract didn't include a clause giving OBJ bonus for every circus catch making him look good
bmaz Oh, that may leave a mark. https://t.co/PVQE2g3U6P
emptywheel @miishke U Mich. He was there for a semester in 1999.
emptywheel @nickmanes1 Ut oh. Just got back. Picks on top of picks?
bmaz @StephStradley [Shaking my fist in the direction of Houston] Dangit!
emptywheel @miishke You mean for ongoing work? Dunno that Borges useful. Just familiar! @ErrataRob
emptywheel @ThusBloggedA Who better than a Kitties-Pats fan?
emptywheel @yoshiofor It had to be. Encryption is apparently the only reason why authorities miss terrorists.
emptywheel @hypervisible Well, good, you just made me feel better about taking pleasure in Suh doing less well than expected.
emptywheel @hypervisible I did not. Thanks.
emptywheel I hate taking great pleasure out of Suh's less than stellar season at the Fins. But I do.
December 2011
« Nov   Jan »