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U.S. Senate Defense Bill to Allow “Indefinite Military Detention”

Who needs the Sixth Amendment? Not Americans, according to the U.S. Senate:

Here’s the best thing that can be said about the new detention powers the Senate has tucked into next year’s defense bill: They don’t force the military to detain American citizens indefinitely without a trial. They just let the military do that. And even though the leaders of the military and the spy community have said they want no such power, the Senate is poised to pass its bill as early as tonight.

[...] So despite the Sixth Amendment’s guarantee of a right to trial, the Senate bill would let the government lock up any citizen it swears is a terrorist, without the burden of proving its case to an independent judge, and for the lifespan of an amorphous war that conceivably will never end. And because the Senate is using the bill that authorizes funding for the military as its vehicle for this dramatic constitutional claim, it’s pretty likely to pass.

It would be one thing if the military was clamoring for the authority to become the nation’s jailer. But to the contrary: Defense Secretary Leon Panetta opposes the maneuver. So does CIA Director David Petraeus, who usually commands deference from senators in both parties. Pretty much every security official has lined up against the Senate detention provisions, from Director of National Intelligence James Clapper to FBI Director Robert Mueller, who worry that they’ll get in the way of FBI investigations of domestic terrorists.”

Courtesy of Wired magazine. Wired also goes on to note that President Obama has vowed to veto the bill.

(The bill passed the Senate 93-7 after this was written. Yes, you read that correctly: 93% of the Senate voted to outright ignore the 6th Amendment. —ed)