On the recordDecember 21, 2012
Mr. President, I rise in opposition to this bill because I believe it contains language that would allow American citizens to be detained without trial. The other side has argued that is not true, that they will be eligible for their constitutional rights if they get into an article III court or a constitutional court. But here is the rub: They have to be eligible. Who decides whether someone is eligible for the court? It is an arbitrary decision, and this is what this debate has been over. Don't let the wool be pulled over your eyes that everyone has protection and they will get a trial by jury if accused of a crime. We had protection in this bill. We passed an amendment that specifically said: If you are an American citizen or here legally in the country, you will get a trial by jury. It was explicitly stated and it has been removed in the conference committee. It has been removed because they want the ability to hold American citizens without trial in our country. This is so fundamentally wrong and goes against everything we stand for as a country that it cannot go unnoticed and should be pointed out. Proponents of indefinite detention without trial say that an accusation alone is sufficient, that these crimes are so heinous that trials are unnecessary. They will show us pictures of foreigners in foreign dress from foreign lands and say that is what this debate is about. It is untrue. This debate is about American citizens accused of crimes in the United States.…
Source
govinfo.gov




