Dear Ms. ******:
Thank you for contacting me regarding defense policy. I appreciate hearing from you on this important issue.
In December, the Senate passed its version of the National Defense Authorization Act for 2012 (S.1867). This legislation authorizes funding levels and programs for the Department of Defense. Specifically, Sections 1031 to 1034 reauthorized detention, interrogation, and prosecution practices regarding enemy combatants. Individuals authorized for detainment under military custody are persons who have planned, authorized, committed, or aided the terrorist attacks on 9/11, or supported al Qaeda, the Taliban or associated forces in hostilities against the United States. This detention authority remains in accordance with the laws of war.
I appreciate your concern regarding these provisions. However, this legislation maintains the status quo on detainee policy as the Obama Administration has abided by since 2009. During consideration of the bill, Senator Diane Feinstein (D-CA) introduced an amendment (SA 1456), which passed with my support by a vote of 99-1, confirming that nothing in the bill "shall be construed to affect existing law or authorities relating to the detention of U.S. citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States." Additionally, the Executive Branch has been given the authority to issue a waiver for certain individuals and to establish the procedures for determining which individuals are subject to military custody or civilian custody.
In 2004, the United States Supreme Court ruled in Hamdi vs. Rumsfeld that U.S. citizens found to be belligerent, enemy combatants against the United States could be subject to military commissions for prosecution. S.1867 continues to uphold the current policies and procedures established under the Military Commission Act of 2009 and the Supreme Court's ruling in Hamdi. While the war on terrorism continues to threaten our nation, I will continue to support detainee policies focused on keeping our warfighters and citizens, both at home and abroad, safe.
Again thank you for taking the time to contact me. If you would like more information on issues before the Senate, please visit my website at http://roberts.senate.gov/. You may also sign up on my home page for a monthly electronic newsletter that will provide additional updates on my work for Kansas.
With every best wish,
A
Sincerely,
Pat Roberts
Log in to comment