Lawfare: NDAA Moves Forward, “Due Process and Military Detention Amendments Act” Coming Soon by Robert Chesney

NDAA Moves Forward, “Due Process and Military Detention Amendments Act” Coming Soon

By Robert Chesney 
Thursday, May 10, 2012 at 12:48 PM

A quick note updating readers on the progress of the draft NDAA FY’13:  Chairman McKeon’s billpassed HASC last night in the wee hours.  Next stop: the floor, where we are likely to see, among other things, debate over an amendment called the Due Process and Military Detention Amendments Act, which I understand may be sponsored by Representatives Adam Smith (D-WA),  Justin Amash (R-MI), Howard Berman (D-CA), and John Garamendi (D-CA), and possibly others.

According to draft language currently making the rounds, the amendment would do two things to the detainee provisions in last year’s NDAA bill.

First, it would repeal section 1022 (i.e., the section that makes military detention option the default position in certain cases).   That’s not terribly exciting, since the text of 1022 was already shot through with loopholes and the implementing regulations adopted by the Obama administration make clear that 1022 will have little if any actual impact.  That said, section 1022 seems to have a lot of symbolic weight, and an effort to repeal it probably will be hotly contested.

 

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