Feinstein Amendment Doesn’t Prevent Indefinite Detention

by Michael Kelley
Business Insider
November 30, 2012

An amendment to the 2013 National Defense Authorization Act sponsored by Sen. Dianne Feinstein (D-Calif.) and passed by a 67-29 vote late Thursday has been hailed as a way to end the prospect of indefinite detention of U.S. citizens.

But it isn’t, because there’s a catch.

Here’s the key sentence of the amendment:

“An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such detention.”

The American Civil Liberties Union (ACLU) sent lawmakers a letter that said “the clause ‘unless an Act of Congress expressly authorizes such detention‘ could be read to imply that there are no constitutional obstacles to Congress enacting a statute that would authorize the domestic military detention of any person in the United States.”

Armed Services Committee Chairman Carl Levin (D-Mich.) seemed to agree: “This is a big ‘unless,'” he said.

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