Rights of US Citizens under Threat from NDAA; White House Sends Mixed Signals
Nick CarrawayDecember 1st is finally here, and with it comes the stress of the holiday season. While most of America worries about Christmas shopping, there is perhaps more cause for concern regarding an ongoing debate in Congress regarding the constitutional rights of American citizens.
Some rights reserved by takomabibelotUnder the proposed National Defense Authorization Act for 2012, there is a disturbing provision that would effectively end the 1878 Posse Comitatus Act (18 U.S.C. § 1385), which restricts the ability of the US military to impose martial law within American borders. Representing a clear challenge to the writ of habeas corpus, the provision would allow for American civilians suspected of terrorism to be apprehended on US soil and held indefinitely in a US military prison.
Thankfully, the proposed military custody in the NDAA has seen challenges from various governmental players. Senator Mark Udall of Colorado, joined by other Democrats, Republicans and an Indepedent, proposed an amendment to remove the provision, but this effort was voted down. In his remarks opposing the potential suspension of constitutional rights, Republican Senator Rand Paul of Kentucky warned that,
"There is one thing and one thing only protecting innocent Americans from being detained at will at the hands of a too-powerful state – our constitution, and the checks we put on government power. Should we err today and remove some of the most important checks on state power in the name of fighting terrorism, well, then the terrorists have won."
Voicing similar concerns, the President has hinted at a veto threat for the entire NDAA should this provision remain in the bill. In a statement on November 17, the White House worried that "applying this military custody requirement to individuals inside the United States...would raise serious and unsettled legal questions and would be inconsistent with the fundamental American principle that our military does not patrol our streets."
However encouraging, the above sentiment seems to be at odds with the words of President Obama's lawyers from today's conference on national security. When asked about the CIA killing of known terrorist and American citizen Anwar al-Awlaki government lawyers, CIA counsel Stephen Preston and Pentagon counsel Jeh Johnson said that US citizens qualify as legitimate military targets to be determined only by the executive branch when they take up arms with al-Qaida. Although the White House lawyers stopped short of supporting indefinite military detention for US citizens, this assertion, held by many members of Congress, would be the next logical step. Outlining his support of the controversial NDAA provision, Republican Senator Lindsay Graham of South Carolina said of terror suspects, "They should not be read their Miranda Rights. They should not be given a lawyer. They should be held humanely in military custody and interrogated about why they joined al-Qaida and what they were going to do to all of us."
As Americans, we need to be acutely aware of threats to our long-held and hard-fought rights guaranteed by our Constitution. The impulse to trade liberty for security is a danger that our founding fathers cautioned could lead to the dissolution of the uniquely American brand of government. We should be especially vigilant when any threats to our Constitution are inserted into bills voted upon amidst the distractions of holiday seasons. If last week's failure of the super-committee to prevent severe across the board budget cuts proves anything, it is that Congress likes to save its most egregious lapses for times when very few in the media and even fewer in the general public are paying attention. Positive resolutions on the fiscal issues could still occur, but once constitutional rights fall by the wayside, they are nearly impossible to recover.
For more on this position, see all of Senator Rand Paul's arguments against indefinite detainment of American citizens:
Reader Comments (1)
I would go as far that anyone suspected and arrested by the American government, including alleged terrorists, should be given a lawyer, respected by our Constitution, and given a speedy trial. They may have to be tried by our civilian courts and their fate and actions must be judged by our justice, but I believe it is fair and one of the best in the world.
I am for protecting our citizens but I also think we must be tough and vigilant. This does not mean violating rights of people here or abroad. We would want a fair trial if we were somewhere else on this planet, and we should at least provide that to all. We are innocent until proven guilty.
Good piece, but we are far away from peace on earth this holiday.