NDAA 2013: Rand Paul warns indefinite detention is back

by Bryana Johnson, The Washington Times  |  published on December 21, 2012

Rand Paul

Just a month ago, Kentucky Senator Rand Paul was making headlines by threatening to hold up the 2013 NDAA bill. The NDAA is a federal law that is passed every year, specifying the budget and expenditures of the US Department of Defense, although each year’s act also includes other provisions.

Paul’s demand was for a vote on an amendment to secure the right to a jury trial. “If you don’t have a right to trial by jury, you do not have due process. You do not have a Constitution. What are you fighting against and for if you throw the Constitution out?” he pleaded in an address before the Senate on November 30th.

As anyone knows who stayed up into the wee hours of the morning on the night of the 30th with c-span on their screens and their hearts pounding, he seemed to win a quite glorious victory.

Amendment #3018, which was introduced by California Sen. Feinstein and Mike Lee of Utah and enthusiastically supported by Rand Paul, passed the Senate by a wide margin of 67-29 that night. It provided that,

“an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States unless an act of Congress expressly authorizes such detention.”

Many embraced this amendment as a solution to the wildly unpopular clause in Section 1021 of the 2011-2012 NDAA, which provided for the indefinite detention without trial of American citizens judged to be involved in terrorism or “belligerent acts” against the US.

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