----- Original Message -----
From: Tim Shoemaker
Sent: Friday, May 18, 2012 2:57 PM
Subject: The Government Wants to Detain You
Dear Dorothy,
Today, Congress had a chance to fix a mess of their own making - and they
blew it.
Instead of prohibiting indefinite detention of persons arrested on U.S.
soil who have
been merely accused of “substantially supporting” al Qaeda, the Taliban, or
“associated
forces,” Congress actually made things worse.
In a moment, I’ll ask that you contact Congress.
But first, allow me to briefly explain what happened.
As you should be aware, last year, Senator Carl Levin authored a
provision, Section
1021 and 1022, into the FY 2012 National Defense Authorization Act that allows
the President
to indefinitely detain American citizens and foreigners who are arrested on
U.S. soil on the
mere accusation of supporting terrorism.
In a signing statement, the President assured Americans that he wouldn’t
use this
power.
With all due respect to the President, his word is not much to go on and
certainly not
enough to relieve my concerns.
That brings us to today.
Early this morning, Congress voted on the
Smith(WA)/Amash/Berman/Garamendi/Duncan(TN)/Johnson(GA)/Gosar/Hirono/Paul/Jackson
Lee/Tipton/Labrador Amendment that would have prevented indefinite detention of
persons
detained on U.S. soil.
This was the only amendment that would have substantively addressed the
problem by
definitively stating the President does not have the authority to indefinitely
detain
persons arrested on U.S. soil in military custody.
Unfortunately, it failed by a vote of 182-238.
There are several reasons for this.
For one, Congress was offered a smokescreen amendment that was voted on
immediately
after the Smith/Amash amendment was rejected.
This amendment, offered by Rep. Louie Gohmert (TX-1), was even worse than
doing
nothing, and it will likely exacerbate the problems and ambiguity regarding the
detention of
“suspected terrorists.”
The first part simply reiterates that Americans have Habeas Corpus rights.
Except no one is arguing otherwise.
In fact, the Constitution clearly states that the “Writ of Habeas Corpus
shall not be
suspended” unless by an act of Congress. Since Congress has not explicitly
passed an act
stating it is suspended, all persons in the United States have that right.
Where it has potential to make the problem worse is two-fold, as Steven
Vladeck
blogged at Lawfare:
“First, it introduces uncertainty regarding whether individuals arrested
within the
United States but out of immigration status are entitled to pursue habeas
relief (never mind
the countless immigration cases where such relief has historically been
available—and the
compelling constitutional arguments supporting that jurisprudence). Second, the
30-day
provision would arguably allow the government to preclude a detainee’s access
to court (or
counsel) for 30 days, whereas under current law, the detainee may file the
moment he is ‘in
custody under or by color of the authority of the United States.’”
So, in addition to rejecting an amendment that quite clearly would
protect due process
and the rule of law, Congress actually managed to make the situation much worse
by passing
the Gohmert amendment by a vote of 243-173.
Another reason for the Smith/Amash amendment failing is the outrageous
and hyperbolic
accusations lobbed at it from Wall Street Journal op-ed pages and even by
alleged “Tea
Party” members of Congress.
One such attack came from Rep. Tom Rooney (FL-16). Rooney issued a press
release
Thursday claiming the Smith/Amash amendment “coddled foreign enemy combatants”
and would
provide incentive for attacks on U.S. soil.
Excuse me, but since when did suicide terrorists suddenly begin to
contemplate whether
they’ll end up in a military tribunal or Article III court before carrying out
their
dastardly deeds?
In reality, if a terrorist were able to carry out an attack on U.S. soil,
the
government should look inward – at the failure of the intelligence community
and their own
national security state in this post-9/11 world.
Nevertheless, these are the sorts of absurd, illogical statements that
were used to
convince your member of Congress to vote against the only amendment that would
have
prevented the government from indefinitely detaining you.
By failing to adopt the Smith/Amash amendment, the government still has
the authority
to indefinitely detain anyone the government accuses of “supporting terrorism.”
And remember, not too long ago, it was C4L members who were listed in a
Missouri
Fusion Center report, later referred to as the MIAC report, as domestic
extremists to be
watched.
And it wasn’t just C4L members on that list, but people displaying third
party logos
and bumper stickers and supporters of specific politicians.
In the past, everyone from gun owners, to pro-lifers, to tea partiers,
were labeled
“terrorists” by their political opponents.
This is why it’s of the utmost importance that the indefinite detention
of persons by
the military be prohibited.
Perhaps this President won’t use such authority, but what about the next?
And the one
after that?
Click here to find out who voted against the Smith/Amash amendment.
And click here to see who voted for the final bill.
If your representative voted against the amendment and/or for final
passage of this
year's NDAA, I need you to contact them immediately and demand they change
their misguided
views and stop allowing the military to arrest and detain innocent citizens.
Let your representative know you’ve seen through the smokescreen that was
the Gohmert
amendment, and you aren’t fooled for a second.
In addition, make sure your representative realizes that Section 1021 of
the NDAA was
declared unconstitutional this week in a U.S. District Court, and that a
temporary stay on
enforcement of that measure has been granted.
Finally, make it clear you'll be telling your fellow constituents that
your
representative abandoned them to a growing police state.
Congress created this unconstitutional mess, and it’s Congress that will
have to fix
it.
After you've contacted your representative, get in touch with your
senators to demand
they vote against the NDAA as long as it contains these indefinite detention
provisions.
And stay tuned to CampaignforLiberty.org, as we look ahead to fighting
this bill in
the Senate next week and doing our best to prevent the government from being
able to
indefinitely detain innocent Americans.
In Liberty,
Tim Shoemaker
Director of Legislation
P.S. Earlier today, the U.S House voted down an amendment that would have
prohibited
the military from being able to indefinitely detain you. It later voted for
final passage
of this year's NDAA.
If your representative voted against the Smith/Amash amendment or voted
for final
passage, contact them immediately to demand they change their misguided view
and stop
allowing the military to arrest and detain Americans!
Then contact your senators to urge them to vote against the NDAA as long
as it
contains these provisions.
As the fight over the FY 2013 NDAA heads to the Senate, please chip in
$10 or $25, or
whatever you can afford, so C4L can continue leading the fight to prevent the
military from
detaining you for as long as it wants.
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