Senate Passes NDAA, 98 to 0
Feinstein's Amendment to bar military detention of American citizens was agreed to on November 29, but so was Sen. Kelly Ayotte's Amendment, which permanently bars the use of funds to transfer Guantanamo detainees. [More...]
SEC. 1032. PROHIBITION ON USE OF FUNDS FOR THE TRANSFER OR RELEASE OF INDIVIDUALS FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
No authorized to be appropriated funds may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
Feinstein's Amendment says:
SEC. 1032. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS AND LAWFUL PERMANENT RESIDENTS.
Section 4001 of title 18, United States Code, is amended.....
(b)(1) 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.
(2) Paragraph (1) applies to an authorization to use military force, a declaration of war, or any similar authority enacted before, on, or after the date of the enactment of the National Defense Authorization Act For Fiscal Year 2013.
(3) Paragraph (1) shall not be construed to authorize the detention of a citizen of the United States, a lawful permanent resident of the United States, or any other person who is apprehended in the United States.
According to one of the quoted analysts:
The biggest thing about the  NDAA was that you weren't getting a trial ... Nothing in here says that you'll make it to an Article III court so it literally does nothing," Dan Johnson, founder of People Against the NDAA, told BI. "It's a bunch of words, basically,"
Afran noted that the newest version actually goes further than the NDAA that's now in effect.
"The new statute actually states that persons lawfully in the U.S. can be detained under the Authorization for the Use of Military Force [AUMF]. The original (the statute we are fighting in court) never went that far," Afran said. "Therefore, under the guise of supposedly adding protection to Americans, the new statute actually expands the AUMF to civilians in the U.S."
The bill now goes to Conference. The Conferees are:
Levin; Lieberman; Reed; Akaka; Nelson NE; Webb; McCaskill; Udall CO; Hagan; Begich; Manchin; Shaheen; Gillibrand; Blumenthal; McCain; Inhofe; Sessions; Chambliss; Wicker; Brown MA; Portman; Ayotte; Collins; Graham; Cornyn; Vitter.
This is the passed House version.
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