Rand Paul updates draft amendment on indefinite detention

[tsai3904]

This updated draft amendment addresses the concerns that the earlier draft only covered US citizens and didn't actually forbid military detentions.

Text of amendment:

sec. [____]. prohibition on indefinite detention and transfer of persons.

(a) [FINDINGS]

(b) Section 4001 of Title 18, United States Code, is amended –

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following:

(b)

(1) An authorization to use military force, a declaration of war, or any similar authority shall not authorize-

(A) the detention without charge or trial of any person apprehended in the United States or a territory or possession of the United States; or

(B) the transfer of any person apprehended in the United States or a territory or possession of the United States to the custody of the Armed Forces of the United States or to any entity or person outside of the United States;

unless an Act of Congress expressly authorizes such detention or transfer.

(2) Paragraph (1) applies to an authorization to use military force, a declaration of war, or any similar authority enacted before, on, or after the date of the enactment of this section.

(3) Paragraph (1) shall not be construed to authorize the detention or transfer of any person apprehended in the United States or a territory or possession of the United States.

http://www.lawfareblog.com/2012/11/n...-on-detention/

[Libertea Party]

I was ok with the earlier draft. This opens up an unnecessary line of attack for no gain. Bad move IMHO.

[Southerner]

We needs much more coverage of this. All thats shown up in my inbox so far: http://freedomoutpost.com/2012/11/ra...f-us-citizens/

[Feeding the Abscess]

The change from "citizen" to "person" is a solid upgrade.

[tsai3904]

We needs much more coverage of this.

I think there will be more coverage once an amendment is officially offered. All these amendments floating around are just drafts.

[JJ2]

"the transfer of any person apprehended [...] to the custody of the Armed Forces"? What if it's the Armed Forces that does the apprehending in the first place??