S.3081 - Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010

A bill to provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes. view all titles (3)

All Bill Titles

  • Official: A bill to provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes. as introduced.
  • Popular: Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010 as introduced.
  • Short: Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010 as introduced.

This Bill currently has no wiki content. If you would like to create a wiki entry for this bill, please Login, and then select the wiki tab to create it.

Comments Feed

Displaying 1-30 of 44 total comments.

  • Mazeman 03/08/2010 9:42am

    This draconian proposal is co-sponsored by Joe Lieberman.

  • syrfergirl 03/08/2010 12:18pm

    The NERVE of this criminal to try and take away free speech and just a week or two ago, he introduced a bill to ban vitamins and put them under the control of the drug cartels here in America..This man has received so much money from these evil corporations and from the drug cartels…it’s easy to see why he’s
    introducing these evil bills…..He’s a puppet on a string and he doesn’t deserve to be anywhere in our government!!!!

  • bbollino 03/09/2010 2:32am
    Link Reply
    + 10

    Bill S3081 – Enemy Belligerent… is an unconstitutional bill. It takes away US citizens Miranda rights without an opportunity to defend themselves through a trial or lawyer, which is a basic right, not PRIVILEGE for all American citizens. If any US citizen shows opposition to the government or questions the ethics of some bills going through, then the government can kidnap them and hold them for questioning without any rebuttal through this unconstitutional bill being proposed in the senate. VOTE NO TO S 3081!!!

  • JDReiner 03/10/2010 9:58am

    UALS AS HIGH-VALUE DETAINEES.—The regulations required by this subsection shall include criteria for designating an individual as a high-value detainee based on the following:…

    7 (E) Such other matters as the President
    8 considers appropriate.

    11 ENEMY BELLIGERENTS. An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3©(2) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities.

  • allyReport101 03/11/2010 2:42am

    After the numerous and eronious incursions on liberties and freedom and the massive increases in anti-terrorism related budgets, is it no surprise that the federal government fails to prevent violent attacks. And is it also no surprise that after such attacks the same inept bunch are granted more power. As the war in Iraq closes the front has moved to the homeland. These washington thieves, these red coats… The jokes on you mccain, liberman, for your day of power is at its twilight… The people are wiser than you, we know violence is your dirty game. We are not tempted to arms, but rather to books. Violence only fuels your inflated ego and like your bubble economy it will burst.

  • MisesRothbardWoods 03/11/2010 8:12am

    Wow…..absolutely disgusting and horrifying. I would expect to see this type of legislation in Iran, China, N. Korea, etc. Who are McCain and Lieberman working for? Why are they threatened by the truth?

    These politicians are enemies to American citizens.

  • whytrustyou 03/12/2010 2:46pm

    Why not call this the “Hanoi Hilton/Auschwitz” bill? Remind both of them of history.

  • zhayhurst 03/13/2010 2:44am

    This bill is a gross extension of the Patriot Act, and another step closer to what they did in Nazi Germany.

  • spender 03/13/2010 7:06am
    Link Reply
    + 16

    I never thought I’d see everyone on this site so decidedly on the same side of an issue. Then again, I never thought I’d see such a horrifically evil bill introduced in Congress.

    The Senators who sponsored this bill must not take their oaths to defend the Constitution very seriously.

  • Comm_reply
    dankennedy73 03/14/2010 5:48pm

    I can assure you, having taken the same oath as a soldier first and then later as a sailor, that they do not take their oaths seriously

  • Filtered Comment [ show ]

  • Comm_reply
    jamesb7 03/14/2010 7:52am

    Wow, there are exceptions. Let’s write some bills with exceptions. “Nobody goes to jail, EXCEPT THE BAD PEOPLE WHO I DON’T LIKE”. There, exception, no problem. Think before you write.

    The fact isn’t that we must do whatever it takes. I suggest you learn a bit about probability and realize it is in fact a minor problem. If you’re scared of terrorists, learn math and quit being a bedwetting fleshwaste.

  • Comm_reply
    dankennedy73 03/14/2010 5:45pm

    First of all, Read the Constitution, then the Bill of Rights, then read upon our founding fathers, get to know them and see what it was they intended. This is not something they would have approved of and I, as an informed Patriot and former service member, am saddened by such disgrace in our Congress and our Citizenry for allowing this total affront to true liberty!

  • Comm_reply
    nmeagent 03/15/2010 7:58pm

    So you’re saying that you want the executive branch to have the power to designate you as either a terrorist, a supporter of terrorism, or a person of intelligence interest (presumeably in relation to terrorism) and then proceed to detain you indefinitely without due process or recognition of the rights “protected” by the Constitution, all in the name of doing “whatever it takes” to fight terrorism? It sounds to me like you’re supporting a different form of terrorism. I hope you enjoy the camps.

    Pure and utter madness.

  • Comm_reply
    nmeagent 03/15/2010 8:10pm

    You can yell fire in a crowded theater, by the way, especially when there actually is a fire. You may of course be charged for manslaughter or some such if this causes trampling and death. You can also say the F bomb on television or the radio since the federal government has no constitutional authority to apply decency standards to the frequency spectrum. They’ve gotten away with doing so since the 30s, but as Alan Gura recently stated (though directed at State 2nd amendment infringement), “States may have grown accustomed to violating the rights of American citizens, but that does not bootstrap those violations into something that is constitutional.”

  • allyReport101 03/13/2010 4:11pm

    @ applemanmatt

    To oppose tyranny is neither “naive” or “dumb.” It is clear you did not read this bill or if you did you are a shill that cares nothing for liberty and the foundation of principles freedom rests on. With every incursion on the rule of law our Republic fades and as police state control grips the cities and towns of our once free land the proud people will look at there hands and ask, “how did this happen”>? And if the Republic only exists in the hearts and minds of a few patriots, I will stand with them…>>> applemanmatt <<< I hope one day you will see freedom as something no man, no government can deny. I hope you see freedom as the soil from which love and all good things come.
    One more thing… if 99 senators told you to jump off a cliff… would you>?


  • Comm_reply
    dankennedy73 03/14/2010 5:35pm

    I’m with you Fellow Patriot, the fight for liberty is an unending battle which is renewed with every succeeding generation!

  • janeeny 03/14/2010 12:21pm

    get these men out of our government. disgusting.

  • HeyPorkJesusIsHere 03/16/2010 12:15pm

    S.3801 is treasonous and a serious act of betrayal of this nation and the constitution. The ninth and lowest circle of Hell is reserved for traitors. McCain and Leiberman and anyone who votes for this bill belong in prison.

  • Jearayne 03/17/2010 3:49am

    Benjamin Franklin:

    “They who would give up an essential liberty for temporary security, deserve neither liberty or security.” It is only a matter of time before the 2nd amendment will come into play. Remember what Jefferson had to say on that:

    “The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.”

  • rwolf 03/17/2010 2:04pm

    Are You Scheduled For Government Interrogation If Senate bill 3081 Is Passed?

    Materially Supporting Hostilities” against the United States could include any person or group that spoke out or demonstrated disapproval against an agency of U.S. Government. McCain’s bill has the potential of spawning domestic terrorism in the United States. Consider how Americans might respond should Government use this bill to take away their loved ones, family members and friends on mere suspicion. It is foreseeable many Americans might go underground to Resist Government Tyranny. Definition for Unprivileged Enemy Belligerent: (Anyone Subject to a Military Commission)

  • Filtered Comment [ show ]

  • Comm_reply
    nmeagent 03/18/2010 4:39pm

    I know you don’t support the bill, but some of your statements bother me.

    “We should have the right to hold suspected terrorists as long as the threat of terror is real.”

    The “threat of terror” has existed pretty much since the dawn of human civilization and is not going away any time soon. You’re basically saying here that you are fine with effectively permanent detention based on suspicion of terrorism. If you were suspected of terrorism, would you want the government to ignore your rights and force you to sit in some cell in Guantanamo until they decided to cut you a break or would you rather be guaranteed recognition of your natural right to due process? Your statement advocates the former.

  • nmeagent 03/18/2010 4:39pm

    “I believe terrorists should have trials, but at a military tribunal.”

    They would have to be alleged terrorists before the trial. That means that you believe that the mere allegation of terrorism or support of terrorism requires an alternate justice system without the guarantee of a jury trial, public proceedings, protection against self incrimination, full rights of appeal, etc.? Never mind that the defendant must be military unless a legal state of war exists, which most certainly does not.

    “I am not in favor, however, of suspending Miranda rights. I believe that is more than a constitutional right. It’s a human right.”

    All of the rights protected by the Constitution are natural (i.e. human) rights or closely related to natural rights. They are derived from our humanity and cannot be granted or taken away by any government.

  • GowriJ 03/18/2010 8:05pm

    Aside from the fact that the spirit of this bill is fundamentally unconstitutional, I have some questions (and I hope there’s a lawyer around who can answer it!)

    First, where do terrorists fall in terms of the laws of war? Are they considered enemy combatants? Leading off of that, when McCain invokes a definition of non-UN Convention-protected ‘unprivileged’ enemy belligerents, isn’t he basically rewriting international law? Third, and unrelated to the legal questions, I’ve been hearing that this bill has the tacit support of the White House. Can anybody confirm/not confirm this last one to be true or not?

    I just want to be clear: I find this bill abhorrent. I just have questions about how McCain and his co-conspirators are managing to pull it off.

  • InspectorRikati 03/19/2010 2:02pm

    As a CONSTITUTIONALIST I view that while congress can pass any Bill it desires in the end the issue is if it is constitutionally permissible. The Supreme Court itself has previously held that the Magna Carta does apply and as such we must make clear to all representatives that unless a Bill is in compliance to constitutional provisions, and as such doesn’t include arbitrary detention, etc, the proposed legislation should be rejected.

    Government will always seek to use excuses to broaden their powers and by this override civil and other political rights and any purported safeguards in a Bill will more then likely at a later stage be removed. Hence, lets not be deceived and not accept anything that is intended to oppress the freedom of any person. We all must trust the judicial system operating through the courts to act appropriately and not disregard the protections provided for in the constitution.

  • Comm_reply
    WalterBrownJr 04/25/2010 2:23am

    Here’s what the United States Constitution says about treaties:

    This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Which already provides for all of the provisions in the bill. The bill is just to clarify how the procedures work for our uneducated current administration.

    We are signatories to the Geneva Convention:


  • bmac6446 03/20/2010 3:58am

    This disgusting bill is more worse than the Alien and Sedition Act that sunk John Adam’s presidency.

  • Byron67 03/20/2010 8:27am

    This bill is showing quite a bit of similarity to the McCarran Internal Security Act of 1950(aka “Emergency Detention Act” of 1950). There is a reason why the ISA of 1950 was mostly repealed in 1971 by President Nixon. It is also reflective of some of the language in Executive order 9066 in 1941…Let’s not make those same mistakes again.

  • firbolg 03/27/2010 8:09am

    “They Thought They Were Free” by Milton Mayer was published in 1955. It is based on interviews with “ordinary” Germans who experienced the growth of National Socialism then lived through the war and the revelation of atrocities carried out in their name.
    One interviewee said:- “What no one seemed to notice was the ever widening gap between the government and the people. What happened here was the gradual habituation of the people, little by little, to being governed by surprise; to receiving decisions deliberated in secret; to believing that the situation was so complicated that the government had to act on information that the people could not understand, or so dangerous that it could not be released because of national security. And their sense of identification with (their leader), their trust in him, made it easier to widen this gap and reassured those who would otherwise have worried.”
    It could never happen here, right?

Vote on This Bill

7% Users Support Bill

38 in favor / 530 opposed

Send Your Senator a Letter

about this bill Support Oppose Tracking
Track with MyOC

Top-Rated Comments