On the recordMay 17, 2012
Mr. Chairman, last year I argued in opposition to sections 1021 and 1022 of the NDAA, that they went far beyond the AUMF to suggest that the President has the authority to detain U.S. citizens indefinitely without charge. This amendment prohibits the detention without charge of any person arrested or detained in the United States and is the first step toward restoring due process. It's a good first step, but its scope is limited to U.S. soil and to the present AUMF. We should do more. That's why I've introduced the No Detention Without Charge Act, which would not only prohibit detention without charge of people arrested in the United States, but would also prohibit the detention of any person anywhere indefinitely, except to the extent permitted by the Constitution and the law of war, and it would restore meaningful right of action for detainees to challenge the legality of their detention. The notion that the United States should conduct itself according to the Constitution and the law of war should not be controversial. Smith- Amash takes the first step--and I have proposed the next--towards affirming our values and securing our liberty. If we are going to address indefinite detention, we must do so directly. I urge my colleagues to support the Smith-Amash amendment and to sign on as cosponsors of my bill.





