The U.S. Senate approved a bill on December 2 that will allow the military to arrest Americans on American soil and hold them indefinitely. A provision of SB 1867, or the National Defense Authorization Act bill, written by Senators John McCain and Carl Levin, declares American soil a battlefield and allows the President and all future Chief Executives to order the military to arrest and detain American citizens, innocent or not, without charge or trial. Is SB 1867 an important tool in the War on Terror?
The buzz around the National Defense Authorization Act of 2012, SB 1867, has been growing for months now. Rumors say the bill would allow the military to capture and detain without trial U.S. citizens on U.S. soil.
This bill was written in secret and approved by committee without a single hearing. This provision does have opponents. President Obama has threatened to veto the bill and even Ron Paul is concerned enough to bring it up during one of the GOP debates. An amendment called the Udall Amendment has been offered by Democratic Senator Mark Udall that would delete the dangerous provision.
The text of the bill is more confusing, mainly because it’s so long. However, some legislators such as Senator Paul believe the offending part is Sec. 1032 (a), which states that the military “shall” hold a person captured in the course of the war on terror in military custody until the military can determine the person’s disposition under the law of war.
There does not appear to be a territorial limitation on this directive, so it probably also applies within the United States. Sec. 1032 (b)(1) specifically states that the requirement to take to detain a person in military custody doesn’t extend to U.S. citizens. So, it’s not required, but does that mean it’s still allowable? Is it now OK to detain an American citizen in theU.S. without the traditional protections of the Bill of Rights?
If this bill passes through Congress and the President signs it, OWS protesters or any American could end up arrested and indefinitely locked up by the military without the guaranteed right to due process or a speedy trial.
Is this bill trampling our civil rights or is it a tool for fighting homegrown terrorism?
The following list of names of senators that voted for S.B. 1867. Both Durbin and Kirk of Illinois voted yes.
D Daniel Akaka HI
R Andrew Alexander TN
R Kelly Ayotte NH
R John Barrasso WY
D Max Baucus MT
D Mark Begich AK
D Michael Bennet CO
D Jesse Bingaman NM
D Richard Blumenthal CT
R Roy Blunt MO
R John Boozman AR
D Barbara Boxer CA
R Scott Brown MA
D Sherrod Brown OH
R Richard Burr NC
D Maria Cantwell WA
D Benjamin Cardin MD
D Thomas Carper DE
D Robert Casey PA
R Clarence Chambliss GA
R Daniel Coats IN
R William Cochran MS
R Susan Collins ME
D Kent Conrad ND
D Christopher Coons DE
R Robert Corker TN
R John Cornyn TX
R Michael Crapo ID
R James DeMint SC
D Richard Durbin IL
R Michael Enzi WY
D Dianne Feinstein CA
D Al Franken MN
D Kirsten Gillibrand NY
R Lindsey Graham SC
R Charles Grassley IA
D Kay Hagan NC
R Orrin Hatch UT
R Dean Heller NV
R John Hoeven ND
R Kathyrn Hutchison TX
R James Inhofe OK
D Daniel Inouye HI
R Johnny Isakson GA
R Mike Johanns NE
R Ron Johnson WI
D Timothy Johnson SD
D John Kerry MA
R Mark Kirk IL
D Amy Klobuchar MN
D Herbert Kohl WI
R Jon Kyl AZ
D Mary Landrieu LA
D Frank Lautenberg NJ
D Patrick Leahy VT
D Carl Levin MI
I Joseph Lieberman CT
R Richard Lugar IN
D Joe Manchin WV
R John McCain AZ
D Claire McCaskill MO
R Addison McConnell KY
D Robert Menéndez NJ
D Barbara Mikulski MD
R Jerry Moran KS
R Lisa Murkowski AK
D Patty Murray WA
D Clarence Nelson FL
D Earl Nelson NE
R Robert Portman OH
D Mark Pryor AR
D John Reed RI
D Harry Reid NV
R James Risch ID
R Charles Roberts KS
D John Rockefeller WV
R Marco Rubio FL
D Charles Schumer NY
R Jefferson Sessions AL
D Jeanne Shaheen NH
R Richard Shelby AL
R Olympia Snowe ME
D Deborah Stabenow MI
D Jon Tester MT
R John Thune SD
R Patrick Toomey PA
D Mark Udall CO
D Thomas Udall NM
R David Vitter LA
D Mark Warner VA
D James Webb VA
D Sheldon Whitehouse RI
R Roger Wicker MS

