As I was concerned with the possible ramifications of the current legislation, I sent an email to my congressman asking her to vote no on S. 1867. She, of course, did not obey my direct order, but was kind enough to send me a “personalized” mass email response. I copy and paste it below for your consideration…
Dear Mr. Eaton,
Thank you for contacting me regarding S. 1867, the “National Defense Authorization Act for Fiscal Year 2012,” and more specifically, Section 1031. I appreciate hearing your thoughts on this issue, and I share your concerns regarding excessive overreach by the federal government.
You may be pleased to know that the conference committee on this issue strengthened this language by conforming to the House version of the bill, thereby eliminating all doubt and concerns that this bill would allow the military to detain United States citizens indefinitely.
The United States is engaged in a war unlike any other we have ever been involved in. Our enemy does not wear the uniform of a foreign nation, but hides inconspicuously amongst private citizens. Consequently, we must adapt and be prepared to meet the difficulties presented by this unconventional type of warfare.
As you may know, each year Congress passes a national defense authorization bill which provides the Department of Defense (DOD) with the necessary guidance and funds needed to carry out its’ missions. As a part of the authorization bill this year, Congress has included provisions which clarify for the DOD who should and should not be considered a terrorist, and thus an enemy of the United States.
Section 1031 (b) (1) and Section 1031 (b) (2) defines these individuals as: “A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2011, or harbored those responsible for those attacks” and “a person who was a part of or substantially supported al-Qaeda, the Taliban, 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 such hostilities in aid of such enemy forces.”
It is my belief that this clause is necessary because under existing law there is no clarifying statement which interprets for the courts who is and is not considered a terrorist. This leaves the decision up to the courts which could force the detainees at Guantanamo Bay Naval Station to be brought to the United States for trial in a civilian court, when in fact they are prisoners of war.
By putting in this qualifying statement, this change in the current law ensures that those who have attacked or who are caught planning an attack on the United States remain outside the United States and in military custody while awaiting trial.
One another note, some have interpreted this detention clause as granting the military complete power to arrest and hold United States citizens indefinitely without trial or legal recourse. However, this is simply not the case. Section 1031subsection (e) clearly states that “Nothing in this section shall be construed to affect existing law or authorities, relating to the detention of United States Citizens, lawful resident aliens of the United States or any other Persons who are captured or arrested in the United States.”
In other words, if you are captured or arrested trying to commit terrorist acts, as a citizen of the United States you retain all of the rights granted to you by the U.S. Constitution.
Protecting the rights bestowed on you by the Constitution remains my foremost priority as your Congressman. As we consider the debate over what is the appropriate role of the federal government in your private life, I will be sure to make your thoughts known.
It is an honor to serve Tennessee’s 6th Congressional District. If you wish to share additional information with me concerning this or any other issue, please feel free to contact me or my staff at (202) 225-4231 or through email by going to my website at http://black.house.gov.
Sincerely,
Signature
Diane Black
Member of Congress
