To Joan M:Your quote of the language in that amendment is indeed correct. However, this was the compromise language reached after Senator Diane Feinstein's amendment was voted down. Her amendment would have been an explicit and outright ban on the U.S. military detention of U.S. citizens and legal residents. According to Senator Lieberman, the current state of the law does allow for the U.S. military to detain U.S. citizens as determined by the Hamdi case. According to some other senators the current state of the law does not. But notice the interaction between Senators Paul and McCain. Senator McCain states very unequivocally that an "individual, no matter who they are, if they pose a threat to the security of the United States should not be allowed to continue that threat." In other words, McCain's response to Senator Paul's question is that it would be possible for an American citizen to be declared an enemy combatant, or simply a threat to U.S. national security and sent to Guatanamo Bay or some other facility without charge, without trial, and without due process of law for a indefinite period of time. Or, until the end of hostilities in a time of endless war.
Thursday, December 8, 2011 - 18:08