Defense Bill Nixes Ban on Indefinite Detention for US Citizens

<a href="http://www.flickr.com/photos/foreverdigital/1004203086/sizes/m/in/photostream/">Flickr/foreverdigital</a>

Let our journalists help you make sense of the noise: Subscribe to the Mother Jones Daily newsletter and get a recap of news that matters.


In a closed-door negotiation, top Republican and Democratic lawmakers have killed a ban on detaining American citizens without trial.

The Senate approved the ban, a bipartisan effort led by Senators Dianne Feinstein (D-Calif.) and Mike Lee (R-Utah), as an amendment to the 2013 defense spending bill in a vote last month. But once the House and Senate met to negotiate the differences between their versions of the bill, the ban was scrapped. 

Of the four main negotiators on the defense bill, only one of the Democrats, Rep. Adam Smith (D-Wash.), opposes domestic indefinite detention of Americans. The Chairman of the Senate Armed Services Committee, Senator Carl Levin (D-Mich.), believes detaining Americans without charge or trial is constitutional, and only voted for the Feinstein amendment because he and some of his Republican colleagues in the Senate convinced themselves through a convoluted legal rationale that Feinstein’s proposal didn’t actually ban the practice. Both of the main Republican negotiators, House Armed Services Committee Chairman Howard “Buck” McKeon (R-Calif) and Senator John McCain (R-Ariz) believe it’s constitutional to lock up American citizens suspected of terrorism without ever proving they’re guilty.

Civil liberties groups aren’t shedding any tears over the demise of the Feinstein-Lee amendment, either, though. They believed that because Feinstein’s proposal only guaranteed due process for US citizens and legal residents, instead of all persons within the United States, that it was ultimately unconstitutional anyway. 

“I was saddened and disappointed that we could not take a step forward to ensure at the very least American citizens and legal residents could not be held in detention without charge or trial,” Feinstein said in a statement to Mother Jones. “To me that was a no-brainer.”

The demise of the Feinstein-Lee proposal doesn’t necessarily mean that Americans suspected of terrorism in the US can be locked up forever without a trial. But it ensures that the next time a president tries to lock up an American citizen without trial—as President George W. Bush previously tried—it will be left up to the courts to decide whether or not it’s legal.

IT'S NOT THAT WE'RE SCREWED WITHOUT TRUMP:

"It's that we're screwed with or without him if we can't show the public that what we do matters for the long term," writes Mother Jones CEO Monika Bauerlein as she kicks off our drive to raise $350,000 in donations from readers by July 17.

This is a big one for us. It's our first time asking for an outpouring of support since screams of FAKE NEWS and so much of what Trump stood for made everything we do so visceral. Like most newsrooms, we face incredibly hard budget realities, and it's unnerving needing to raise big money when traffic is down.

So, as we ask you to consider supporting our team's journalism, we thought we'd slow down and check in about where Mother Jones is and where we're going after the chaotic last several years. This comparatively slow moment is also an urgent one for Mother Jones: You can read more in "Slow News Is Good News," and if you're able to, please support our team's hard-hitting journalism and help us reach our big $350,000 goal with a donation today.

payment methods

IT'S NOT THAT WE'RE SCREWED WITHOUT TRUMP:

"It's that we're screwed with or without him if we can't show the public that what we do matters for the long term," writes Mother Jones CEO Monika Bauerlein as she kicks off our drive to raise $350,000 in donations from readers by July 17.

This is a big one for us. So, as we ask you to consider supporting our team's journalism, we thought we'd slow down and check in about where Mother Jones is and where we're going after the chaotic last several years. This comparatively slow moment is also an urgent one for Mother Jones: You can read more in "Slow News Is Good News," and if you're able to, please support our team's hard-hitting journalism and help us reach our big $350,000 goal with a donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate