Indefinite Military Detention. During consideration of the defense authorization bill (H.R. 1960), Rep. Adam Smith (D-Wash.) offered an amendment to eliminate indefinite military detention of any person detained in the United States, its territories, or possessions, under the 2001 Authorization for Use of Military Force. Smith\’s amendment would call for the immediate transfer of such detained persons to trial in a civilian court. Furthermore, Smith\’s amendment would repeal a provision of the 2012 defense authorization law that requires mandatory military custody of members or associates of al-Qaeda who planned or carried out attacks against the United States or its coalition partners.
The House rejected Smith\’s amendment on June 13, 2013 by a vote of 200 to 226 (Roll Call 228). We have assigned pluses to the yeas because indefinite detention without trial is a serious violation of long-cherished legal protections including the right to habeas corpus, the issuance of a warrant based on probable cause (Fourth Amendment), and the right to a \”speedy and public\” trial (Sixth Amendment). Under the National Defense Authorization Act, the president may abrogate these rights simply by designating terror suspects, including Americans, as \”enemy combatants.\” A government that would lock up anyone indefinitely without trial is certainly moving toward tyranny, and legislation to prevent this abuse of power is needed.
