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I've blogged before about S. 2003, the "Due Process Guarantee Act" introduced late last year by Senator Feinstein, which would amend the Non-Detention Act to provide that
An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such detention.
This Wednesday at 10 a.m., the Senate Judiciary Committee will hold a hearing on the bill featuring two panels of witnesses. The first panel includes Congressmen John Garamendi (D-CA) and Jeff Landry (R-LA), who have each introduced comparable legislation in the House. The second panel includes Professor Lorraine Bannai from Seattle University, Steve Bradbury (formerly the acting head of OLC and currently a partner at Dechert LLP), and yours truly. Should be an interesting discussion...

Steve Vladeck is a professor of law at the University of Texas School of Law. A 2004 graduate of Yale Law School, Steve clerked for Judge Marsha Berzon on the Ninth Circuit and Judge Rosemary Barkett on the Eleventh Circuit. In addition to serving as a senior editor of the Journal of National Security Law & Policy, Steve is also the co-editor of Aspen Publishers’ leading National Security Law and Counterterrorism Law casebooks.

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