I appreciate the opportunity to speak regarding amendment No. 3018, the Feinstein-Lee amendment. It has come to my attention that some opponents of the Feinstein-Lee amendment have made an argument that habeas corpus is sufficient to protect the rights of Americans apprehended on American soil and detained by the United States Government. This is nothing more than another way of suggesting that the government should be able to detain some Americans indefinitely without charge or trial. I disagree and believe that our constitutional traditions demand more than this-- significantly more. The fifth amendment of our Constitution provides that ``No person . . . shall be . . . deprived of life, liberty, or property without due process of law.'' As Supreme Court Justice Antonin Scalia has written: The gist of the Due Process Clause, as understood at the founding and since, was to force the government to follow . . . common-law procedures traditionally deemed necessary before depriving a person of life, liberty, or property. This right of American persons to due process of law is foundational to the very idea of individual liberty from unwarranted government intrusion. I have worked with Senator Feinstein and other colleagues on both sides of the aisle to craft an amendment originally entitled the Due Process Guarantee Act to ensure that this basic constitutional right is indeed protected.…
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