Senate Votes To Let Military Detain Americans Indefinitely, and The ACLU CLAIMS THEY CAN WITHOUT A TRIAL

WASHINGTON — The Senate voted Tuesday to keep a controversial provision to let the military detain terrorism suspects on U.S. soil and hold them indefinitely without trial — prompting White House officials to reissue a veto threat.

The measure, part of the massive National Defense Authorization Act, was also opposed by civil libertarians on the left and right. But 16 Democrats and an independent joined with Republicans to defeat an amendment   by Sen. Mark Udall (D-Colo.) that would have killed the provision, voting it down with 61 against, and 37 for it.

“I’m very, very, concerned about having U.S. citizens sent to Guantanamo Bay for indefinite detention,” said Sen. Rand Paul (R-Ky.), one of the Senate’s most conservative members.

Rand’s top complaint is that a terrorism suspect would get just one hearing where the military could assert that the person is a suspected terrorist — and then they could be locked up for life, without ever formally being charged. The only safety valve is a waiver from the secretary of defense.

“It’s not enough just to be alleged to be a terrorist,” Paul said, echoing the views of the American Civil Liberties Union. “That’s part of what due process is — deciding, are you a terrorist? I think it’s important that we not allow U.S. citizens to be taken.”

Democrats who were also concerned about liberties compared the military policing of Americans to the detention of Americans in internment camps during World War II.

ACLU claims Senate bill would let military detain Americans without trialIs the Senate preparing to pass a bill allowing the military to arrest and detain American citizens on American soil indefinitely without trial?

That’s the conclusion of a post at the ACLU.

According to Chris Anders of the Washington Legislative Office of the ACLU :

The Senate is going to vote on whether Congress will give this president—and every future president — the power  to order the military to pick up and imprison without charge or trial civilians anywhere in the world. Even Rep. Ron Paul (R-Texas) raised his concerns about the NDAA detention provisions during last night’s Republican debate. The power is so broad that even U.S. citizens could be swept up by the military and the military could be used far from any battlefield, even within the United States itself.

Anders writes the only way to stop this measure is with something called the Udall Amendment.

The solution is the Udall Amendment ; a way for the Senate to say no to indefinite detention without charge or trial anywhere in the world where any president decides to use the military. Instead of simply going along with a bill that was drafted in secret and is being jammed through the Senate, the Udall Amendment  deletes the provisions and sets up an orderly review of detention power. It tries to take the politics out and put American values back in.

 Full Text of the Udall Detainee Amendment 
Senate Amendment #1107. Mr. UDALL of Colorado submitted an amendment intended to be proposed by him to the bill S. 1867, to authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:

Strike subtitle D of title X and insert the following:

Subtitle D--Detainee Matters

SEC. 1031. REVIEW OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.

(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with appropriate officials in the Executive Office of the President, the Director of National Intelligence, the Secretary of State, the Secretary of Homeland Security, and the Attorney General, submit to the appropriate committees of Congress a report setting forth the following: 

“Congress is essentially authorizing the indefinite imprisonment of American citizens, without charge,” said Sen. Dianne Feinstein (D-Calif.), who offered another amendment — which has not yet gotten a vote — that she said would correct the problem. “We are not a nation that locks up its citizens without charge.”

Backers of military detention of Americans — a measure crafted by Sen. Carl Levin (D-Mich.) — came out swinging against Udall’s amendment on the Senate floor earlier Tuesday.

“The enemy is all over the world. Here at home. And when people take up arms against the United States and [are] captured within the United States, why should we not be able to use our military and intelligence community to question that person as to what they know about enemy activity?” Sen. Lindsey Graham (R-S.C.) said.

“They should not be read their Miranda Rights. They should not be given a lawyer,” Graham said. “They should be held humanely in military custody and interrogated about why they joined al Qaeda and what they were going to do to all of us.”

thank you David