Still, it is worth remembering that the terms “due process” and “civilian trial” are not synonymous. Due process is simply the process that is due under the circumstances. In wartime, it is simply not necessary to grant combatants full-blown civilian trials — which would be an intelligence coup for our enemies — in order to ensure that Americans are not arbitrarily detained. Indeed, though Senator Paul conveniently skips over it in his discussion of Hamdi, the Supreme Court explicitly suggested that “an appropriately authorized and properly constituted military tribunal” would be sufficient protection for an American citizen detained as an enemy combatant. The majority opinion elaborated that “military regulations already provide for such process.” The process has only gotten better for combatants in the ensuing seven years — as have their appellate rights.
Government should not have unlimited power to detain citizens without a jury trial.
There are 2 versions of Bill Number S.1867 for the 112th Congress. Usually, the last item is the most recent.
National Defense Authorization Act for Fiscal Year 2012 (Placed on Calendar Senate - PCS)[S.1867.PCS]
National Defense Authorization Act for Fiscal Year 2012 (Engrossed in Senate [Passed Senate] - ES)[S.1867.ES]
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There is much to think on. Good evening.