I finally received a reply from Rob Portman. It is a far more honest letter regarding his position than Sherrord Brown's, which I posted here earlier in the week.
- Quote:
-
Dear Michael,
Thank you for contacting me to express your views regarding the detainee provisions in the 2012 National Defense Authorization Act (NDAA). It is good to hear from you.
The National Defense Authorization Act for 2012 protects our nation's security interests while balancing the need to be fiscally responsible. The detainee provisions, reached by members on both sides of the aisle after considerable debate and with input from the administration, will help establish a more clearly defined policy regarding terrorist detainees and members of al Qaeda.
In the past several months, there has been a great amount of varying information regarding the impact of the detainee provisions on American citizens. One simple explanation for this is that the provisions have changed as the NDAA was considered by the House and Senate. I appreciate the opportunity to provide an accurate explanation of the provisions and update you on recent changes.
Since the attacks on September 11, 2001, our military and justice systems have worked to ensure that terrorists were prevented from harming our nation and its people. The U.S. Supreme Court has affirmed the practice of detaining terrorist suspects for investigative and security purposes under both the Obama and Bush Administrations. While the authorization for detention was derived from the Authorization to Use Military Force, this was never stated clearly by statute. The detainee provisions in the NDAA explicitly recognize this authority by placing it directly in statute, codifying existing U.S. policy.
Critics who claim that these provisions have established a new authority to detain American citizens until the end of hostilities are not correct. In fact, there is nothing in the NDAA that establishes a new authority to detain American citizens.
Section 1021 of NDAA specifically authorizes the military to detain individuals who support al Qaeda, the Taliban or associated forces and who are engaged in hostilities against the United States. Prior to the final passage, I supported amended language that was included in the final bill, stating that "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."
Section 1022 permits the military to place terrorists under its custody who are affiliated with al Qaeda and are actively planning to attack the United States. This section explicitly states that this requirement to detain a person in military custody does not extend to citizens of the United States or legal permanent residents. The inclusion of this language ensures the continued success of our nation`s judiciary and military sectors against terrorists while not infringing on the rights of Americans.
These detainee-related provisions were carefully written in a manner to ensure that there is no intrusion with civilian interrogations and other law enforcement activities and to provide the President with flexibility to collect intelligence, apprehend dangerous terrorists, and protect Americans. As a member of the Senate Committees on Armed Services and Homeland Security and Governmental Affairs, I am actively engaged with my colleagues in reviewing these policies. I am committed to working to enact the legislative improvements necessary to both protect our nation against al Qaeda and other terrorists and to ensure the preservation of our individual liberties and constitutional freedoms.
Again, thank you for taking the time to contact me. I value your input as we continue to review these and other measures related to protecting our nation. For more information, please visit my website at www.portman.senate.gov. Keep in touch.
Sincerely,
Rob Portman U.S. Senator
|