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On Thursday night the Senate passed the 2012 Department of Defense Authorization bill, including a provision allowing for indefinite military detention of U.S. citizens, by a vote of 93-7. The top-rated user comment on OpenCongress, from bpitas, does a good job explaining why the bill has just 2% support among the OpenCongress community:

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Is This Bill Discriminatory?

September 21, 2011 - by Donny Shaw

Included in an authorization bill that the Senate Homeland Security Committee is marking up today is a provision that would require DHS to take special measures to counter violent domestic extremism, particularly among communities that practice a certain religion. Here's the language:

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If you want to break the partisan divide and get Democrats and Republicans in Congress to agree on something, just give them a bill that makes it easier for the government to spy on U.S. citizens without judicial oversight. Yesterday, the Senate voted 74-8, with 18 senators abstaining, in favor of moving forward with legislation to extend three of the most controversial PATRIOT Act surveillance powers for four more years, without any modifications. By contrast, the Senate has had to pull a small business jobs bill and two of Obama's judicial nominees from the floor after the Republicans mounted successful filibusters.

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Since the mid 90s, federal death penalty statutes have been slowly but steadily expanding to include more and more offenses within their reach. With the committee-amended PATRIOT Act reauthorization bill that's headed for floor votes in the next few weeks, Congress appears ready to expand the death penalty once again. This time, they're looking at applying the death penalty to people convicted of providing material support for acts of terrorism that result in deaths.

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There's not a whole lot these days that the Republican House of Representatives and the Democratic Senate are eager to work on together. But there is at least one thing. On February 28th, three controversial provisions of the USA PATRIOT Act are scheduled to expire, and in the past couple of weeks Democrats and Republicans in both chambers have introduced several bills to reauthorize and extend them. In both chambers the committee chairmen who will be in charge of bringing the bills to the floor for votes have already signed on as supporters.

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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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