Coming Rand Paul Amendment on U.S. Citizen Detention?
Published by The Lawfare Institute
in Cooperation With
From: Henderson, William (Paul) Sent: Thursday, November 15, 2012 4:54 PM Subject: Paul amendment to DOD AuthorizationGOP LD's,It is my understanding that some or all of your offices are being whipped on whether your boss would support a Paul amendment to DOD Authorization concerning the detention of US citizens apprehended on US soil and held by the US military. The proposed text of the amendment is below for your convenience. As your boss is considering the amendment, I wanted to point out that the language of the amendment is derived from the 6th Amendment to the US Constitution (http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html), and we would ask that your boss support the 6th Amendment rights of American citizens.Text of proposed Paul amendment:A citizen of the United States captured or arrested in the United States and detained by the Armed Forces of the United States pursuant to the Authorization for Use of Military Force (Public Law 107-40) shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
