The newest version of the National Defense Authorization Act (NDAA) includes a clause that protects U.S. citizens from being indefinitely detained.
Section 1021 of the 2012 NDAA states that the President has the authority to "to detain persons who were part of or substantially supported, Taliban or al-Qaida forces or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act, or has directly supported hostilities, in the aid of such enemy forces."
The 2013 version of the bill includes a clause that reinforces the writ of habeas corpus and affirms that any legal American resident must be awarded a fair trial.
From Section 1033 (a) of the proposed Pentagon spending bill:
“Nothing in the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) or the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) shall be construed to deny the availability of the writ of habeas corpus or to deny any Constitutional rights in a court ordained or established by or under Article III of the Constitution for any person who is lawfully in the United States when detained pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) and who is otherwise entitled to the availability of such writ or such rights.”
Russia Today points out that last December Senator Carl Levin (D-Mich.) said the Obama administration originally "asked us to remove the language which says that US citizens and lawful residents would not be subject to this section."
A group of journalists and activists successfully sued the government over the indefinite detention provisions of the 2012 NDAA on the grounds that they were unconstitutional, but Appeals Court Judge Raymond Lohier reinstated the indefinite detention provisions in October. The case probably go all the way to the Supreme Court.
SEE ALSO: Why Losing Indefinite Detention Powers Would Be A Disaster For Obama >
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