1/21/2012 Brad Sherman on National Defense Authorization Act NDAA and indefinite detention

California Congressman Brad Sherman speaks at Town Hall at Reseda High School on January 21st, 2012.

27th district, U.S. Representative

Brad Sherman's Response Letter from January 15th 2012

Sherman Statement Regarding Civil Liberties and the Defense Authorization Bill

I voted against the National Defense Authorization Act (NDAA) in June 2011 Because it contained provisions that I thought were a threat to the civil liberties of Americans.

At the time I realized that existing court decisions already pose a threat to American civil liberties. If Congress simply did not act in that area, these doctrines would continue to pose that threat. Once the bill was in conference committee for negotiations, I joined with Congressmen Hank Johnson, Martin Heinrich, and others in writing a letter (see attached) urging the conferees to make changes to some of the provisions in the House and Senate versions of the bill.

The NDAA which came out of the conference committee was considerably better from a civil liberties standpoint than the House bill and even the Senate bill. For that reason, the vast majority of those members of Congress with a reputation of fighting for civil liberties voted for the final bill, including Senator Barbara Boxer.

Some could argue that the language ultimately adopted in the NDAA restrains and alleviates some of the problems with the judicial doctrines that have grown after the Authorization for Use of Military Force Against Terrorists was adopted in advance of the invasion of Afghanistan. Some would argue that the language made things worse. All those dedicated to civil liberties would agree that both prior to the approval of the NDAA by Congress on December 15, 2011 and after its adoption, there were threats to American civil liberties found in statutes and in the use of force judicial doctrines.

To address these problems I have cosponsored the following bipartisan legislation.

H.R. 3702 the Due Process Guarantee Act of 2011 (Sponsored by Congressman John Garamendi)
This bill amends the Non-Detention Act of 1971 by providing that a Congressional authorization for the use of military force does not authorize the indefinite detention-- without charge or trial-- of U.S. citizens who are apprehended domestically. This bill will clarify existing U.S. law and state unequivocally that the government cannot indefinitely detain American citizens or lawful U.S. residents without charge. The American people must know that their Constitutional rights are clearly defined and Congress must uphold these rights. The Senate version of the Due Process Guarantee Act of 2011 was introduced by Senator Feinstein on December 15, 2011 (S. 2003).

H.R. 3676, a bill to amend the NDAA to specifically state that U.S. citizens may not be detained against their Constitutional rights. (Sponsored by Congressman Jeff Landry)
This bill amends the controversial sections of the bill to protect every American from unlawful indefinite detention. In codifying the President's ability to detain enemy combatants, Congress must do so without leaving any doubt whatsoever that American citizens' rights to their constitutional protections remain intact. The bill states clearly in amending the NDAA: no United States citizen may be detained against his or her will without all the rights of due process afforded to the citizens in a court ordained or established by or under Article III of the Constitution of the United States.

I continue to invite and use input from advocates of civil liberties to determine what other legislative approaches we might take to protect the civil liberties of Americans.

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[theNiiccceeee]

@darbone

Yeah, can't trust any politicians nowadays...

[darbone]

@Sllvlloov my Rep, Lloyd Doggett voted yes as well, extremely disappointing, he was such a great guy, can't believe he turned on me.

[Sllvlloov]

Brad Sherman voted yes, what a fuckin asshole. I thought he was different. All politicians are scums.