Republican “conservatives” of course being the bill’s major backers:
WASHINGTON — The Senate voted Tuesday to keep a controversial provision to let the military detain terrorism suspects on U.S. soil and hold them indefinitely without trial — prompting White House officials to reissue a veto threat.
The measure, part of the massive National Defense Authorization Act, was also opposed by civil libertarians on the left and right. But 16 Democrats and an independent joined with Republicans to defeat an amendment by Sen. Mark Udall (D-Colo.) that would have killed the provision, voting it down with 61 against, and 37 for it.
“I’m very, very, concerned about having U.S. citizens sent to Guantanamo Bay for indefinite detention,” said Sen. Rand Paul (R-Ky.), one of the Senate’s most conservative members.
Paul’s top complaint is that a terrorism suspect would get just one hearing where the military could assert that the person is a suspected terrorist — and then they could be locked up for life, without ever formally being charged. The only safety valve is a waiver from the secretary of defense.
“It’s not enough just to be alleged to be a terrorist,” Paul said, echoing the views of the American Civil Liberties Union. “That’s part of what due process is — deciding, are you a terrorist? I think it’s important that we not allow U.S. citizens to be taken.”
Democrats who were also concerned about liberties compared the military policing of Americans to the detention of Americans in internment camps during World War II.
“Congress is essentially authorizing the indefinite imprisonment of American citizens, without charge,” said Sen. Dianne Feinstein (D-Calif.), who offered another amendment — which has not yet gotten a vote — that she said would correct the problem. “We are not a nation that locks up its citizens without charge.”
Backers of military detention of Americans — a measure crafted by Sen. Carl Levin (D-Mich.) — came out swinging against Udall’s amendment on the Senate floor earlier Tuesday.
“The enemy is all over the world. Here at home. And when people take up arms against the United States and [are] captured within the United States, why should we not be able to use our military and intelligence community to question that person as to what they know about enemy activity?” Sen. Lindsey Graham (R-S.C.) said.