On the recordJuly 11, 2019
The 2012 National Defense Authorization Act authorized the President to order the indefinite detention of American citizens arrested on U.S. soil without charge or trial. The NDAA says that: The Afghanistan AUMF, empowers the President to detain any person who substantially supported associated forces of terrorists. ``Substantial support'' and ``associated forces'' are not defined. Who could this cover? An American citizen living in Michigan makes a one-time donation to a nonviolent humanitarian group. Years later, the group commits hostile acts against an ally of the U.S. Under the 2012 NDAA, if the President determines the group was associated with terrorists, the President is authorized to detain the donor indefinitely and without charge or trial. This compromise amendment guarantees that persons arrested on U.S. soil under the Afghanistan AUMF or the NDAA will be charged for their wrongdoing and will receive a fair trial. The government will be required to tell people detained on U.S. soil the allegations against them, and the government will have to make its case before a judge, just as the Constitution requires. President Obama pledged in signing the 2012 NDAA that he ``will not authorize the indefinite military detention without trial of American citizens,'' saying that to do so ``would break with our most important traditions and values. . . .…





