Indefinite Military Detention.
During consideration of the National Defense Authorization Act for fiscal 2015 (NDAA, H.R. 4435), Rep. Adam Smith (D-Wash.) introduced an amendment to prohibit the indefinite military detention of any person detained under the Authorization for the Use of Military Force authority in the United States, its territories, or possessions by providing immediate transfer to a trial and proceedings by a court. It also would strike language that would provide for mandatory military custody of covered parties.
The House rejected Smith\’s amendment on May 22, 2014 by a vote of 191 to 230 (Roll Call 234). We have assigned pluses to the yeas because any attempt to limit or prohibit indefinite military detention is desirable, especially since persons detained may include U.S. citizens. Indefinite military detention is a blatant violation of the Sixth Amendment, and an executive who can wield such powers is akin to a monarch or dictator. As Rep. Smith said during consideration of the amendment: \”That is an enormous amount of power to give the Executive: to take someone and lock them up without due process. It is not necessary. This President has not used the authority. President George W. Bush did not use it after about 2002 and then only in a couple of instances. It is not necessary. It is an enormous amount of power to grant the Executive, and I believe places liberty and freedom at risk in this country.\”
