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CAIR ACTION ALERT:
Ask President Obama to Veto Indefinite Detention of U.S. Citizens
(WASHINGTON D.C., 12/15/2011) -- The Council on American-Islamic Relations (CAIR) is urging American Muslims and other people of conscience to contact President Obama and urge him to veto the National Defense Authorization Act (H.R. 1540), which authorizes the military to arrest and indefinitely detain American citizens suspected of terrorism without charge or trial.
CAIR says such detentions could lead to American citizens being shipped off to Guantánamo Bay.
SEE: Americans Face Guantánamo Detention after Obama Climbdown
Today's request follows up on CAIR's December 6 action alert, which addressed similar concerns over a House-Senate conference committee's consideration of the same bill.
CAIR Action Alert: Say No to Indefinite Military Detention of U.S. Citizens
On Monday, that House-Senate conference committee released a revised version of the bill that received House approval on Wednesday by a vote of 283 to 136. The bill is anticipated to get Senate approval by early next week and will most likely reach the president's desk for final approval or veto by the end of the month.
Supporters of the legislation claim that it simply codifies existing presidential practices, such as indefinitely detaining American citizens suspected of terrorism. However, leading members of Congress and civil rights groups rallying against the bill assert that such presidential claims to detention powers are an overreach of executive authority and unconstitutional.
Sections 1021 and 1022 of the bill authorize the president to order the indefinite detention of American citizens, inside or outside of the United States, suspected of being members of al-Qaida, the Taliban or their affiliates without charges, a trial or any legal recourse.
SEE: House-Senate Conference Report on National Defense Authorization Act
"If the Senate had wanted to make clear that a U.S. citizen could not be detained forever without charge, it could have said so unambiguously, but it did not. At best, we are shooting dice with our liberties and hoping that a federal court, down the line, will rule that it really does mean what the sponsors of this bill say it means," said Rep. Jerrold Nadler (D-NY) ranking member of the House Judiciary Subcommittee on the Constitution.
SEE: Rep. Nadler Denounces Expansion of War Powers and Threats to Due Process Rights in Defense Authorization Bill
"This legislation authorizes the military to indefinitely detain individuals without charge or trial, including the detention of U.S. citizens on U.S. soil. In short, what this bill does is it takes a wrecking ball to the United States Constitution and gives enormous power to the government or the state," said Rep. Dennis Kucinich (D-OH).
SEE: Rep. Kucinich Denounces Expansion of War Powers and Threats to Due Process Rights in Defense Authorization Bill
In November, President Obama had threatened to veto an earlier draft of the bill due to mandates requiring the military custody, rather than civilian, of American citizens suspected of terrorism. However, after reviewing the revised bill, "the president's senior advisers will not recommend a veto," said White House Press Secretary Jay Carney.
SEE: White House Issues Statement Saying No Veto of Defense Bill
"This act is ambiguous, inconsistent, and clearly unconstitutional. It's an overreach of executive authority and would allow American citizens suspected of terrorism to be arrested without charge or trial and shipped off to Guantánamo Bay," said CAIR Government Affairs Coordinator Robert McCaw. "It is imperative that we act now and urge President Obama to veto this bill. It's his sworn duty to uphold and defend the rights and freedoms enshrined in the U.S. Constitution."
IMMEDIATE ACTION REQUESTED: (As always, be polite and respectful.)
1. Ask the president to veto the bill
Call the president: 202-456-1111
Email: Click here
Talking points:
Mr. President, I urge you to honor your original pledge and veto the National Defense Authorization Act as it sanctions the indefinite detention of American citizens without charge or trial.
I believe that it is unconstitutional for the military to police or indefinitely hold American citizens without allowing them their constitutional rights to a fair and speedy trial and hearing the charges brought against them.
2. Inform your friends and family by forwarding this alert to at least five other people. Tell them you took action and ask them to do the same.
CAIR is America's largest Muslim civil liberties and advocacy organization. Its mission is to enhance the understanding of Islam, encourage dialogue, protect civil liberties, empower American Muslims, and build coalitions that promote justice and mutual understanding.