On the recordNovember 29, 2012
I rise to agree with my colleague Senator Levin, the chairman of the Armed Services Committee, in his interpretation of the Hamdi decision with regard to the review of the current amendment pending before us. The Feinstein amendment includes different language than the amendment that was brought forward and defeated in this body last year. The language says in 2(b)(1) that 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. I do view, as does my colleague from Michigan, Senator Levin, the Hamdi decision that was decided before our U.S. Supreme Court as rendering an opinion that the current authorization for the use of military force that is in effect for our country gives explicit congressional authority for the detention of individuals such as in the case of Hamdi. He was an American citizen engaged in the battle against our country and would fall underneath the authorization for military force. In the Hamdi decision, the Court said that the AUMF, which has currently been approved by Congress, having the full force and effect of law, gives explicit congressional authorization for such detention.…
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