New legislation introduced in the Senate two weeks ago by Senator Mark Udall (D-CO) fully repeals sections 1021 and 1022 of the National Defense Authorization Act. These are the sections that allow indefinite imprisonment of American citizens and legal residents by the military without habeas corpus, evidence, trial or legal representation. The bill is THE DUE PROCESS AND MILITARY DETENTION AMENDMENTS ACT OF 2012, sponsored by Senator Mark Udall (D-CO) in the Senate and Congressman Adam Smith (D-WA) in the House. It has 40 co-sponsors in the House, and no co-sponsors in the Senate. The bill number is S2175 and HR4192. This NEW bill amends the NDAA to :
1) Repeal section 1022 altogether (the bill nullifies the requirement of military custody of civililans; and
2) Guarantee that any person detained within the United States shall ONLY be remanded to a civilian court and that all persons will be guaranteed all due process rights guaranteed in the constitution.
This is NOT the same bill as Senator Feinstein's Due Process Guarantee Act, a bill I have, until today, been supporting with a petition. Senator Feinstein's bill does not repeal the NDAA. It amends the Authorization to Use Military Force of 2001, and says that for any future authorizations of military force, or any future declarations of war, citizens cannot be indefinitely detained without due process - unless Congress passes new legislation stating so. It also does not protect citizens from military custody, and does not define due process as trial in a civilian court, but as any criminal process the military sees fit.
To find your representatives and how they voted on the NDAA, go here: