Friends, Fellow Utahns:
I'm breaking long tradition here at UtVet.com. I wrote to Orrin Hatch as I was quite concerned about the National Defense Authorization Act of 2012. The bill seemed to allow or rather require the military to take American citizens into custody and hold them indefinately.
Senator Hatch writes to reassure me and you that our liberty is not at risk
What do you think? Email me here with your analysis..
December 13, 2012
Dear Mr. Wilson:
I appreciate you sharing your thoughts regarding, H.R.1540 National Defense Authorization Act for Fiscal Year 2012 (NDAA). I supported the measure and I apologize for the delay in my response.
The conference report was then agreed to in the Senate on December 15, 2011 by a vote of 86-13, and the measure was signed into law by President Barack Obama on December 31, 2011.
I appreciate your comments regarding sections 1031, 1032, and 1033 within the Defense Authorization bill. I supported Senator Dianne Feinstein’s amendment. It was agreed to by a vote of 99 – 1 on December 1, 2011.
The amendment states, “Nothing in this section shall be construed to affect existing law or authorities, relating to the detention of United States citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States.”
This is a point of great importance. Despite various experts having different opinions as to what constitutes existing authorities relating to the detention of American citizens, there can be agreement that those authorities, whatever they may be, are not expanded or limited by this bill. It is also worth noting that President Obama included a signing statement with the bill which read in part, “I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens."
The detainee provisions in the legislation were thoroughly debated, resulting in specific language that received overwhelming bipartisan support. It is imperative to note that despite all claims to the contrary, the legislation as passed makes no changes to detainee authority as it relates to American citizens. This fact is made clear in the legislation, which specifically states that nothing in the bill can be construed to affect existing law or authorities relating to the detention of United States citizens. The bill also ensures that terrorists like 9/11 mastermind Khalid Sheikh Mohammed continue to be held overseas, rather than brought to New York to enjoy the same constitutional protections afforded to American citizens.
I believe that when dealing with transnational terrorists who violate the laws of war by failing to identify themselves as combatants and using civil populations as the primary targets, Congress must advance appropriate policy preferences to account for the delicate peculiarities of terrorism.
The Defense Authorization bill also addressed important issues from troop pay to medical care for veterans to the maintenance of military facilities like Hill Air Force Base. This year I was able to include an amendment that ensures we have an appropriate plan in place to preserve our nation’s ability to build land-based ICBM solid rocket motors, which are built and maintained in Utah. The bill is passed every year to make sure our service members at home and abroad have the resources they deserve.
Again, thank you for your concern to preserve citizens’ rights. I am honored to represent you in Washington, and hope that you will continue to contact me with any further concerns in Congress.
Please know I welcome you to the News Room and Issues sections on my website (hatch.senate.gov), where I detail what I am doing in Washington.
Another great way to stay up to date is to sign up for my weekly newsletter at: http://hatch.senate.gov/public/index.cfm/email-orrin, or, by following me on Twitter @SenOrrinHatch or twitter.com/SenOrrinHatch.
Your Senator,
Orrin G. Hatch
United States Senator
OGH:ckk
