I rise to speak in support of the amendment offered by Senator Feinstein. The purpose of our amendment is to make clear that a U.S. citizen or legal permanent resident arrested in this country cannot be detained indefinitely without charge or trial. This amendment is necessary because current law with respect to the indefinite detention of U.S. citizens within the United States remains unclear after more than 11 years of a persistent conflict in which the enemy often does not distinguish itself from civilians. Without this amendment, it is conceivable that an American citizen could be arrested, detained, and held without charge or trial in order to address the gap in the law. Our amendment is necessary. Last year the fiscal year 2012 National Defense Authorization Act defined the scope of the detention authority provided under the 2001 Authorization for Use of Military Force for detainees captured outside the United States. But the scope of detention authority, as it relates to U.S. citizens and lawful residents captured or arrested inside the United States, was left nebulous. Because of this legal ambiguity, despite the guarantees enshrined in our Constitution, an American citizen could be indefinitely detained without charge or trial, even if they are detained in the United States.…
On the recordNovember 28, 2012
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