Friday
Mar052010
McCain And Lieberman Propose Legislation For Indefinite Detention
By Laurel Brishel Prichard University of New Mexico/ Talk Radio News Service
Legislation to hold “high value detainees” for a indefinite amount of time was introduced Thursday by Sen. John McCain (R-Ariz.) and Sen. Joe Lieberman (I-Conn.).
“This legislation seeks to ensure that the mistakes made during the apprehension of the Christmas Day bomber, such as reading him his Miranda warning, will never happen again and put Americans’ security at risk,” said McCain, referencing the attempted bombing aboard a commercial aircraft by a young Nigerian man last December.
The introduction of the bill has sparked controversy among numerous human rights organizations, with many claiming that the legislation undermines the constitution.
“Our criminal justice system has proved repeatedly that it is capable of obtaining reliable intelligence from terrorism suspects, while that has not always been the case when we throw detainees into secret detentions and discard all the rules,” said Christopher Anders, the American Civil Liberties Union's Senior Legislative Counsel. “The Constitution is not optional despite the efforts of these senators to render it so.”
If enacted, the bill would ask the president to create a interagency task force to examine the suspect and decide within 48 hours if they are ‘unprivileged.' If the suspect is found to be ‘unprivileged,’ they would be held regardless of whether or not criminal charges are filed.
The task force would meet with the Secretary of Defense, Attorney General and the directors of the FBI and CIA to make final determinations as to the detainees' status.
“Under these circumstances, actionable intelligence must be our highest priority and criminal prosecution must be secondary,” according to a statement released by McCain.
Legislation to hold “high value detainees” for a indefinite amount of time was introduced Thursday by Sen. John McCain (R-Ariz.) and Sen. Joe Lieberman (I-Conn.).
“This legislation seeks to ensure that the mistakes made during the apprehension of the Christmas Day bomber, such as reading him his Miranda warning, will never happen again and put Americans’ security at risk,” said McCain, referencing the attempted bombing aboard a commercial aircraft by a young Nigerian man last December.
The introduction of the bill has sparked controversy among numerous human rights organizations, with many claiming that the legislation undermines the constitution.
“Our criminal justice system has proved repeatedly that it is capable of obtaining reliable intelligence from terrorism suspects, while that has not always been the case when we throw detainees into secret detentions and discard all the rules,” said Christopher Anders, the American Civil Liberties Union's Senior Legislative Counsel. “The Constitution is not optional despite the efforts of these senators to render it so.”
If enacted, the bill would ask the president to create a interagency task force to examine the suspect and decide within 48 hours if they are ‘unprivileged.' If the suspect is found to be ‘unprivileged,’ they would be held regardless of whether or not criminal charges are filed.
The task force would meet with the Secretary of Defense, Attorney General and the directors of the FBI and CIA to make final determinations as to the detainees' status.
“Under these circumstances, actionable intelligence must be our highest priority and criminal prosecution must be secondary,” according to a statement released by McCain.
9-11 Commission Warns U.S. Still Vulnerable 10 Years After Attacks
Seven members of the 9/11 commission accused lawmakers Wednesday of leaving the U.S. vulnerable to attacks by failing to implement the recommendation the commission made in 2004.
“We are safer but we are not as secure yet as we can or should be,” Chairman Thomas Kean told the Bipartisan Policy Center (BPC) in Washington, D.C.
The commission’s original report contained 41 recommendations to improve US security. Due to insufficient progress, however, the committee issued a new report Wednesday detailing nine commission recommendations that remain unfulfilled and are causing a gap in the country’s security.
Among those failures was the stubbornness of Congress.
“Reformation of congress was a frustrating thing to ask but we still asked for it,” Commissioner Fred F. Fielding stated. “However, they did not make the bicameral committee we requested and instead are maintaining the status quo.”
One lawmaker, however, responded by accusing the administration of dragging its feet on cracking down on so-called “lone-wolf” terrorists operating inside the U.S.
“I am troubled that the White House has not named a lead federal agency to coordinate disparate efforts to combat homegrown terrorism,” said Sen. Susan Collins (R-Maine), the top Republican on the Senate Homeland Security and Government Affairs Committee. “I urge the Administration to establish a unified front against this important and evolving threat.”
Commission Vice Chairman Lee H. Hamilton related that the nation’s detection system falls short in critical ways. While the US has improved its security check on those who arrive in the country, there is still an ineffective system that monitors who leaves the country or remains in the country with expired visas. Hamilton revealed that this is exactly how two 9-11 attackers were able to escape capture.
Another failure of the commission that all panelists agreed upon was their inability to place full control of the entire intelligence community in the hands of the Director of National Intelligence.
Overall, panelists revealed that there are still many communication issues within the government, ambiguity with how to deal with detainees, under developed cyber security and ineffective research and testing performed by Transportation Security on explosive-detection equipment.
“The commission laid out recommendations in a functioning reality,” Hamilton deplored, “and I have no idea why it has not been done.”
While the report seems very grim, panelists did agree that the US is extensively safer than it was 10 years ago.
“We have definitely seen progress but we can’t pat ourselves on the back too strongly,” Hamilton warned. “We haven’t solved the problem and this is great criticism of the US government.”