The Senate is going to vote this week on whether Congress will give this president—and every future president — the power to order the military to pick up and imprison without charge or trial civilians anywhere in the world. The power is so broad that even U.S. citizens could be swept up by the military and the military could be used far from any battlefield, even within the United States itself.
Under the ‘worldwide indefinite detention without charge or trial’ provision of S.1867, the National Defense Authorization Act bill, which is set to be up for a vote on the Senate floor this week, the legislation will “basically say in law for the first time that the homeland is part of the battlefield,” said Sen. Lindsey Graham (R-S.C.), who supports the bill. The bill was drafted in secret by Senators Carl Levin (D-Mich.) and John McCain (R-Ariz.), before being passed in a closed-door committee meeting without any kind of hearing. The language appears in sections 1031 and 1032 of the NDAA bill.
“I would also point out that these provisions raise serious questions as to who we are as a society and what our Constitution seeks to protect,” Colorado Senator Mark Udall said in a speech last week. One section of these provisions, section 1031, would be interpreted as allowing the military to capture and indefinitely detain American citizens on U.S. soil. Section 1031 essentially repeals the Posse Comitatus Act of 1878 by authorizing the U.S. military to perform law enforcement functions on American soil. That alone should alarm my colleagues on both sides of the aisle, but there are other problems with these provisions that must be resolved.”
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