On the recordNovember 29, 2011
Mr. President, James Madison, the father of the Constitution, warned: The means of defense against foreign danger historically have become instruments of tyranny at home. Abraham Lincoln had similar thoughts saying: America will never be destroyed from the outside. If we falter, and lose our freedoms, it will be because we destroyed ourselves. During war there has always been a struggle to preserve constitutional liberties. During the Civil War, the right of habeas corpus was suspended. Newspapers were closed down. Fortunately, these rights were restored after the war. The discussion now to suspend certain rights of due process is especially worrisome given that we are engaged in a war that appears to have no end. Rights given up now cannot be expected to return. So we do well to contemplate the diminishment of due process knowing that these rights we give up now may never be restored. My well- intentioned colleagues' admonitions in defending provisions of this Defense bill say we should give up certain rights: the right to due process. Their legislation would arm the military with the authority to detain indefinitely, without due process or trial, people suspected of association with terrorism. These would include American citizens apprehended on American soil. I want to repeat that. We are talking about people who are merely suspected of terrorism or suspected of committing a crime and have been judged by no court.…
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