Update: Patrick Leahy released a statement.
An excerpt:
I continue to strongly oppose the detention related provisions in this conference report, which I believe are unwise and unnecessary. These provisions undermine our Nation’s fundamental principles of due process and civil liberties, and inject operational uncertainty into our counterterrorism efforts in a way that I believe harms our national security.
I strongly oppose Section 1021 of this conference report, which statutorily authorizes indefinite detention. I am fundamentally opposed to indefinite detention, and certainly when the detainee is a U.S. citizen held without charge. Indefinite detention contradicts the most basic principles of law that I subscribed to when I was a prosecutor, and it severely weakens our credibility when we criticize other governments for engaging in similar conduct.
Supporters of this measure will argue that this language simply codifies the status quo. That is not good enough. I am not satisfied with the status quo. Under no circumstances should the United States of America have a policy of indefinite detention. I fought against Bush administration policies that left us in the situation we face now, with indefinite detention being the de facto administration policy. And I strongly opposed President Obama’s executive order on detention when it was announced last March, because it contemplated, if not outright endorsed, indefinite detention.
This is not a partisan issue for me. I have opposed indefinite detention no matter which party holds the keys to the jailhouse. I fought to preserve habeas corpus review for those detained at Guantanamo Bay because I believe that the United States must uphold the principles of due process, and should only deprive a person of their liberty subject to judicial review.
Read the whole thing. There's more. A lot more.
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