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As you no doubt have heard, federal agents last night arrested Faisal Shahzad, an American citizen suspected of planting the failed car-bomb in Time Square on Saturday. There isn't a lot of information out yet on how the arrest went down or whether Shahzad is connected to foreign terrorist groups, but Sen. John McCain [R, AZ] today is saying that if the agents read Shahzad his Miranda rights, informing him that he has a right to remain silent until he goes to court, they made a big mistake.

Thanks to a bill McCain introduced earlier this year, we know exactly how McCain thinks the arrest should have been handled. The bill is called the Enemy Belligerent Interrogation, Detention and Prosecution Act and it empowers federal authorities to hand over terrorist suspects, called "unprivileged enemy belligerent" in the bill, to the military for interrogation and indefinite dentition without trial, even if they are an American citizen. 

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McCain and Lieberman's Nightmarish Detention Bill

March 13, 2010 - by Donny Shaw

One of Congress's most notoriously hawkish duos, Sen. John McCain [R, AZ] and Sen. Joseph Lieberman [I, CT], recently introduced legislation in response to President Obama's decision to try Umar Farouk Abdulmutallab, the Christmas Day airplane bomber, in a criminal court. Their proposal, which they are calling the Enemy Belligerent Interrogation, Detention and Prosecution Act, would empower the U.S. military to arrest anyone, U.S. citizen or otherwise, who is suspected of terrorist associations and detain them indefinitely, without right to a trial.

Here's my analysis with links to specific sections of the actual bill text and a few excerpts of key sections.

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