This legislation sets forth the parameters in which suspected unprivileged enemy belligerents can be held and interrogated. The bill allows for both U.S. Citizens and non-citizens to fall under the provisions of this legislation. Attacks or the purposeful and material support of such attacks that occur in either a domestic or foreign location against American interests, or American coalition partners, are covered by this bill. The definitions of a terrorist act, terrorist, and unprivileged enemy belligerent are also laid out. The legislation is aimed at “high value” detainees but the definition of a “high value” detainee can be construed to cover a large swath of detainees both current and future. Also included is a provision for the detention without trial or charges until the ceasing of hostilities in which the detainee was involved or materially supported.
Thus this legislation relates to both domestic and foreign individuals. If I am reading the bill right, a citizen who is accused of either committing or supporting an act of violence against the United States or its coalition partners can be held indefinitely without charges or trial. Therefore, there is a potential conflict with current Constitutional protections and due process. The section about purposefully and materially supporting such actions is not well spelled out and could be potentially construed to be a variety of activities, including political positions, statements, speeches, etc. Despite this bill being pushed in increase the security of Americans, the provisions within it have the potential to be used to quash political opposition in the name of controlling/fighting domestic terrorists. I know it sounds conspiratorial, but that possibility remains due to the legislation’s language.
Both House and Senate bills are virtually identical leaving little need for a conference committee, should they pass their respective chambers as is, so the bill has a better chance of sliding straight through with little in the way of resistance or speed bumps. This piece of legislation will be passed in the name of protecting America from terrorists. However, in my opinion, the justifiable actions to invoke the use of this legislation are a bit sketchy and left intentionally vague. The big question is whether Obama would sign such a piece of legislation into law should it reach his desk.
Official Title as Introduced: A bill to provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes.
Short Title: Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.
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Senate version (S3081) sponsors: Mr. MCCAIN (AZ) for himself, Mr. LIEBERMAN (CT), Mr. INHOFE (OK), Mr. BROWN (MA), Mr. WICKER (MS), Mr. CHAMBLISS (GA), Mr. LEMIEUX (FL), Mr. SESSIONS (AL), and Mr. VITTER (LA) ( Sen. Vitter withdrew 3/25/10).
Senate version introduction date: 03/04/10
Current Committee Assignment: Committee on the Judiciary
============================================================================================================================
House version (H4829) sponsor: Rep McKeon, Howard P. "Buck" [CA-25].
House version introduction date: 03/19/10
Current Committee Assignment: Select Committee on Intelligence (Permanent Select), and in addition to the Committees on Armed Services and the Judiciary
============================================================================================================================
Summary of Senate Bill (House Bill has no summary listed at this time):
Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010 - Requires an individual who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism and who may be an unprivileged enemy belligerent to be placed in military custody for purposes of initial interrogation and determination of status. Allows the detention and interrogation of such individuals for a reasonable time after capture or coming into custody. Defines "unprivileged enemy belligerent" as an individual who: (1) has engaged in hostilities against the United States or its coalition partners; (2) has purposely and materially supported hostilities against the United States or its coalition partners; or (3) was a part of al Qaeda at the time of capture.
Authorizes the President to establish an interagency team composed of executive branch personnel with expertise in national security, terrorism, intelligence, interrogation, or law enforcement to interrogate an individual placed in military custody and to determine if such individual is an unprivileged enemy belligerent. Designates such team as a high-value detainee interrogation group.
Designates certain individuals in military custody as high value detainees based upon the potential threat such individuals pose for an attack on the United States, its citizens, or military personnel, the potential intelligence value of such individuals, or membership in al Qaeda or an affiliated terrorist group. Directs the high-value detainee interrogation group to conduct interrogations of such individuals and make preliminary determinations whether such individuals are unprivileged enemy belligerents. Deems as the paramount purpose of such interrogations the protection of U.S. civilians and facilities through thorough and professional interrogation for intelligence purposes.
Prohibits the use of Department of Justice (DOJ) appropriated funds to prosecute an unprivileged enemy belligerent in an Article III court.
Allows the detention of an unprivileged enemy belligerent without criminal charges or trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged or which the individual has purposely and materially supported.
Thus this legislation relates to both domestic and foreign individuals. If I am reading the bill right, a citizen who is accused of either committing or supporting an act of violence against the United States or its coalition partners can be held indefinitely without charges or trial. Therefore, there is a potential conflict with current Constitutional protections and due process. The section about purposefully and materially supporting such actions is not well spelled out and could be potentially construed to be a variety of activities, including political positions, statements, speeches, etc. Despite this bill being pushed in increase the security of Americans, the provisions within it have the potential to be used to quash political opposition in the name of controlling/fighting domestic terrorists. I know it sounds conspiratorial, but that possibility remains due to the legislation’s language.
Both House and Senate bills are virtually identical leaving little need for a conference committee, should they pass their respective chambers as is, so the bill has a better chance of sliding straight through with little in the way of resistance or speed bumps. This piece of legislation will be passed in the name of protecting America from terrorists. However, in my opinion, the justifiable actions to invoke the use of this legislation are a bit sketchy and left intentionally vague. The big question is whether Obama would sign such a piece of legislation into law should it reach his desk.
Bill Specifics
Official Title as Introduced: A bill to provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes.
Short Title: Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.
============================================================================================================================
Senate version (S3081) sponsors: Mr. MCCAIN (AZ) for himself, Mr. LIEBERMAN (CT), Mr. INHOFE (OK), Mr. BROWN (MA), Mr. WICKER (MS), Mr. CHAMBLISS (GA), Mr. LEMIEUX (FL), Mr. SESSIONS (AL), and Mr. VITTER (LA) ( Sen. Vitter withdrew 3/25/10).
Senate version introduction date: 03/04/10
Current Committee Assignment: Committee on the Judiciary
============================================================================================================================
House version (H4829) sponsor: Rep McKeon, Howard P. "Buck" [CA-25].
House version introduction date: 03/19/10
Current Committee Assignment: Select Committee on Intelligence (Permanent Select), and in addition to the Committees on Armed Services and the Judiciary
============================================================================================================================
Summary of Senate Bill (House Bill has no summary listed at this time):
Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010 - Requires an individual who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism and who may be an unprivileged enemy belligerent to be placed in military custody for purposes of initial interrogation and determination of status. Allows the detention and interrogation of such individuals for a reasonable time after capture or coming into custody. Defines "unprivileged enemy belligerent" as an individual who: (1) has engaged in hostilities against the United States or its coalition partners; (2) has purposely and materially supported hostilities against the United States or its coalition partners; or (3) was a part of al Qaeda at the time of capture.
Authorizes the President to establish an interagency team composed of executive branch personnel with expertise in national security, terrorism, intelligence, interrogation, or law enforcement to interrogate an individual placed in military custody and to determine if such individual is an unprivileged enemy belligerent. Designates such team as a high-value detainee interrogation group.
Designates certain individuals in military custody as high value detainees based upon the potential threat such individuals pose for an attack on the United States, its citizens, or military personnel, the potential intelligence value of such individuals, or membership in al Qaeda or an affiliated terrorist group. Directs the high-value detainee interrogation group to conduct interrogations of such individuals and make preliminary determinations whether such individuals are unprivileged enemy belligerents. Deems as the paramount purpose of such interrogations the protection of U.S. civilians and facilities through thorough and professional interrogation for intelligence purposes.
Prohibits the use of Department of Justice (DOJ) appropriated funds to prosecute an unprivileged enemy belligerent in an Article III court.
Allows the detention of an unprivileged enemy belligerent without criminal charges or trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged or which the individual has purposely and materially supported.
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