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CAIR ACTION ALERT:

Ask Congress to Bar Military Detention of U.S. Citizens
Due Process Guarantee Act would overturn unconstitutional provisions of NDAA

(WASHINGTON, D.C., 1/9/12) -- The Council on American-Islamic Relations (CAIR) today called on Muslims and other people of conscience to ask their elected representatives to support the Due Process Guarantee Act, which would bar the military from detaining U.S. citizens without charge or trial.

The act reaffirms that American citizens suspected of terrorism and arrested inside the United States cannot be indefinitely detained by the U.S. military as is authorized by the National Defense Authorization Act (NDAA) that President Obama recently signed into law.

CAIR: 2012 Defense Act 'Detainment Policies Without Due Process' Could Apply to American Citizens

When signing the legislation at the end of December, the president said: "I want to clarify that my administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a nation."

However, legal experts say the president's signing statement has no legal standing and does not provide any assurance that future administrations will act in a similar manner.

SEE: Obama Signs Defense Bill, with "Reservations"
SEE: CAIR Troubled By New Detention Law, Despite President's 'Reservations'

As the NDAA passed through Congress, CAIR issued a number of statements and alerts urging a presidential veto if the detention provisions were not removed.

SEE: CAIR Video Alert: Ask President to Veto Detention of U.S. Citizens

CAIR believes that the Due Process Guarantee Act -- sponsored by Senator Dianne Feinstein (D-CA) and Representatives John Garamendi (D-CA) and Martin Heinrich (D-NM) -- represents a first step in repairing the damage done to the U.S. Constitution by stating explicitly that the government cannot indefinitely detain American citizens or lawful residents inside the United States without charge or trial.

SEE: Due Process Guarantee Act
H.R. 3702 and S. 2003

"We must clarify U.S. law to state unequivocally that the government cannot indefinitely detain American citizens inside this country without trial or charge. I strongly believe that Constitutional due process requires U.S. citizens apprehended in the U.S. should never be held in indefinite detention. And that is what this new legislation would accomplish," saidSen. Feinstein.

SEE: Senator Feinstein: Prohibit Indefinite Detention of American Citizens Without Trial or Charge
Garamendi/Heinrich Bill Clarifies Detention Policy & Protects American Citizens' Due Process Rights

"We need to act now and demonstrate to Congress and the president that the American people reject any form of indefinite detention and demand the return of their Fifth Amendment right to due process," said CAIR Government Affairs Coordinator Robert McCaw. "While this legislation does not extend to protecting the rights of American citizens detained overseas or prevent the military from performing domestic law enforcement functions, we remain optimistic that it can be amended in the coming months to address these deeply-troubling and unconstitutional realities."

He noted that CAIR recently launched its 2012 "Muslims Vote" campaign designed to empower American Muslims by increasing their political capacity and presence. The initiative includes a 2012 presidential voter guide, an online voter registration tool, a video promoting online voter registration, and the Twitter hashtag "#MuslimsVote." CAIR has also mailed all presidential candidates its 2012 election questionnaire.

SEE: CAIR Launches 2012 'Muslims Vote' Campaign

IMMEDIATE ACTION REQUESTED: (As always, be polite and respectful.)

1. Contact your members of Congress by clicking here.

On the right side of the page, enter your ZIP Code. On the resulting page, click the names of your elected representatives. Click the "contact" tab on the resulting page for your officials' phone numbers.

Talking points:

• As your constituent, I urge you to support and co-sponsor the Due Process Guarantee Act, which clarifies that American citizens apprehended inside the United States cannot be indefinitely detained by the military without charge or trial.
• I am deeply concerned that the National Defense Authorization Act became law with the detention provisions intact.
• I believe that it is not the military's responsibility to police or indefinitely detain American citizens suspected of terrorism, stripping them of their constitutional right to a fair and speedy trial and to hear the charges brought against them.

2. Tweet your members of Congress by clicking here.

On the left side of the page, enter your ZIP Code. On the resulting page, click the names of your elected representatives. Sign into your Twitter account, and tweet:

Protect our constitutional rights! Support and co-sponsor the Due Process Guarantee Act #DPGA #CAIR

3. 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.

For more information, contact: CAIR Government Affairs Coordinator Robert McCaw, Tel: 202-742-6448, E-Mail: rmccaw@cair.com