SMRs and AMRs

Friday, December 02, 2011

Senate Declines to Clarify Rights of American Qaeda Suspects Arrested in U.S.

By CHARLIE SAVAGE
NYT

WASHINGTON — The Senate on Thursday decided to leave unanswered a momentous question about constitutional rights in the war against Al Qaeda: whether government officials have the power to arrest people inside the United States and hold them in military custody indefinitely and without a trial.

After a passionate debate over a detainee-related provision in a major defense bill, the lawmakers decided not to make clearer the current law about the rights of Americans suspected of being terrorists. Instead, they voted 99 to 1 to say the bill does not affect “existing law” about people arrested inside the United States.

“We make clear that whatever the law is, it is unaffected by this language in our bill,” said Senator Carl Levin, a Michigan Democrat who helped shape the detainee-related sections of the bill with Republicans on the Senate Armed Services Committee.

The disputed provision would bolster the authorization enacted by Congress a decade ago to use military force against the perpetrators of the attacks on Sept. 11, 2001. It says the government may imprison suspected members of Al Qaeda or its allies in indefinite military custody.

(More here.)

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