Who Needs This?
Another unpleasant proposed spending restriction related to trying suspected terrorists--this time from Senator Kelly Ayotte. This is a proposed amendment to an appropriations bill for the Justice Department, among other agencies. It could receive a vote any day. It would be really neat to see 51 senators display any kind of backbone and vote it down.
Here's the full text:
After section 217 of title II of division B, insert the following: Sec.
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Another unpleasant proposed spending restriction related to trying suspected terrorists--this time from Senator Kelly Ayotte. This is a proposed amendment to an appropriations bill for the Justice Department, among other agencies. It could receive a vote any day. It would be really neat to see 51 senators display any kind of backbone and vote it down.
Here's the full text:
After section 217 of title II of division B, insert the following: Sec. 218. (a) Prohibition on Use of Funds for Prosecution of Enemy Combatants in Article III Courts.--None of the funds appropriated or otherwise made available for the Department of Justice by this Act may be obligated or expended to commence the prosecution in an Article III court of the United States of an individual determined to be--(1) a member of, or part of, al-Qaeda or an affiliated entity; and
(2) a participant in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.
(b) Definitions.--In this section:(1) The term ``Article III court of the United States'' means a court of the United States established under Article III of the Constitution of the United States.
(2) The term ``individual'' does not include a citizen of the United States.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.
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