National Defense Authorization Act
December 12th 2011
I recently emailed both my senators:
Dear Senator (Moran) (Roberts):
I was bitterly disappointd to see that you voted in favor of H.R. 1540, the National Defense Authorization Act for 2010.
Supporting a bill that authorizes the indefinite detention of American citizens without charges or trial is unconscionable.
If the President vetoes this bill — as I hope he will — please do not vote to override the veto.
Sincerely,
I have received responses from both of them, which I include without comment.
Dear Ms. DuBois:
Our government has a duty to secure our country from terrorism, but we should not sacrifice the constitutional rights and protections we enjoy as Americans. Thank you for contacting me with your concerns about the 2012 National Defense Authorization Act (NDAA) and its impact on civil liberties.
The 2012 NDAA, S. 1867, further defines U.S. laws regarding the capturing and detaining of suspected terrorists. I believe it is critical that our country’s detainee laws protect the rights of U.S. citizens. For this reason, I supported an amendment by Senator Feinstein to the legislation that, though unsuccessful, would have prohibited the U.S. military from detaining a citizen of the United States without a trial. I also voted in favor of Senator Feinstein’s compromise language to maintain current laws relating to American citizens and legal resident aliens detained in the United States, which was adopted by the Senate in the final bill.
On December 1, the Senate passed this legislation, 93-7, and it now goes to a conference committee to resolve differences between the House and Senate versions of the bill. As Congress continues to consider these issues, I will remember your thoughts and work to balance Americans’ civil liberties with our national security needs.
I am grateful for the opportunity Kansans have given me to serve them in the United States Senate. If you are interested in learning more about my efforts on your behalf, I encourage you to visit moran.senate.gov. Please let me know if I can be of service to you or your family in the future.
| Very truly yours,Jerry Moran |
Dear Ms. Dubois:
Thank you for contacting me regarding defense policy. I appreciate hearing from you on this important issue.
In December, the Senate passed its version of the National Defense Authorization Act for 2012 (S.1867). This legislation authorizes funding levels and programs for the Department of Defense. Specifically, Sections 1031 to 1034 reauthorized detention, interrogation, and prosecution practices regarding enemy combatants. Individuals authorized for detainment under military custody are persons who have planned, authorized, committed, or aided the terrorist attacks on 9/11, or supported al Qaeda, the Taliban or associated forces in hostilities against the United States. This detention authority remains in accordance with the laws of war.
I appreciate your concern regarding these provisions. However, this legislation maintains the status quo on detainee policy as the Obama Administration has abided by since 2009. During consideration of the bill, Senator Diane Feinstein (D-CA) introduced an amendment (SA 1456), which passed with my support by a vote of 99-1, confirming that nothing in the bill “shall be construed to affect existing law or authorities relating to the detention of U.S. citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States.” Additionally, the Executive Branch has been given the authority to issue a waiver for certain individuals and to establish the procedures for determining which individuals are subject to military custody or civilian custody.
In 2004, the United States Supreme Court ruled in Hamdi vs. Rumsfeld that U.S. citizens found to be belligerent, enemy combatants against the United States could be subject to military commissions for prosecution. S.1867 continues to uphold the current policies and procedures established under the Military Commission Act of 2009 and the Supreme Court’s ruling in Hamdi. While the war on terrorism continues to threaten our nation, I will continue to support detainee policies focused on keeping our warfighters and citizens, both at home and abroad, safe.
Again thank you for taking the time to contact me. If you would like more information on issues before the Senate, please visit my website at http://roberts.senate.gov. You may also sign up on my home page for a monthly electronic newsletter that will provide additional updates on my work for Kansas.
With every best wish,
|
Sincerely,
Pat Roberts
PR:to
