Omems sends us, "ProPublica's point-by-point discussion of why this year's NDAA might not allow for the indefinite detention of US citizens. As clear and concise a summary as I've seen, and provides a bit of hope that our rights aren't completely irrelevant to our representatives."
I don't know that I'd got that far. ProPublica concludes that some of the senators who voted for NDAA clearly believe (and intend) that it will be used to lock up American citizens and lawful residents forever, without a trial or any meaningful due process. And all of them expect that the NDAA will allow for indefinite detention without charge or trial for foreigners who are captured abroad, or who happen to visit the USA (tourists beware). As one of those foreigners who often visits the USA on a work-visa, I'm not exactly comforted by this news.
What about people detained in the U.S. who aren’t citizens or permanent residents?
They could still be indefinitely detained.
Human rights and civil libertarian groups criticized the amendment for falling short of the protections in the constitution under the Fifth Amendment, which says that any “person” in the U.S. be afforded due process.
In the floor debate, Feinstein said she agreed with critics that allowing anybody in the U.S. to be detained indefinitely without charges “violates fundamental American rights.” Feinstein said she didn’t think she had the necessary votes to pass a due-process guarantee for all.
Cutting through the Controversy about Indefinite Detention and the NDAA
Sen. John Cornyn [R-TX, @JohnCornyn, +1 202-224-2934] introduced the Building America’s Trust Act as a “long-term border security and interior enforcement strategy” but refused to release the bill’s text, which has now leaked.
The CBC asked me to write an editorial for their package about Canadian identity and politics, timed with the 150th anniversary of the founding of the settler state on indigenous lands. They’ve assigned several writers to expand on themes in the Canadian national anthem, and my line was “We stand on guard for thee.”
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