Response from Congressman Jim Himes (Ct: 4th) about indefinite detention

[lindysalsagal]

Thank you for contacting me about "indefinite detention" in the National Defense Authorization Act of 2012. I appreciate your comments and am grateful that you took the time to contact me.



The Senate version of the National Defense Authorization Act (NDAA), as passed on December 1, 2011, contained a provision that gave the U.S. military the authority to detain individuals, including American citizens, who commit acts of war or terror against the United States indefinitely and without a trial. This provision was controversial, to say the least, and probably unconstitutional. I would have unconditionally voted against the Senate version of the bill.



When the Senate bill was reconciled with the House version of the bill during what is called a "conference," this section was amended to exempt American citizens. The conference bill specified that U.S. citizens are not subject to this provision and lawful resident aliens are only subject to the extent the Constitution permits. The Senate bill was also changed to give the President discretion to decide if foreign detainees are tried in civilian courts or by military tribunals.



I ultimately voted in favor of the NDAA as I believe that the bill did not expand upon the government's detention authority. Rather, the amended version has the effect of simply restating what has become the law on this issue under judicial and executive rules over the last 10 years. In addition, the conference bill omitted broad language on the Authorization for Use of Military Force that I found to be problematic when the House of Representatives first considered this bill in May 2011, and which caused me to vote against that bill.



In general, I believe that we still have a long way to go to restore the civil rights that were threatened by the original Patriot Act and by presidential action since 2001. I am gratified that the courts have generally rendered decisions useful in this regard, and you can count on me to oppose legislation which moves us backwards.



If you have any additional questions regarding this or other issues, please do not hesitate to contact my office. You can sign up for my newsletter and find more information on my views and my work in Congress by visiting my official website at himes.house.gov.

[GodlessBiker]

1. This is odd: "...and lawful resident aliens are only subject to the extent the Constitution permits.

Wouldn't that be true for unlawful residents, as well?