NDAA 2012: the response from U.S. Representative, Marsha Blackburn

[gotigers]

After reading that she voted for the NDAA 2012, I emailed her stating my concerns. I asked for an explanation of how she could vote for legislation that could possibly allow for the detention of U.S. citizens among other constitutional issues.

Here is her repsonse. I am sure it is a form letter, but it is more than i expected.

Mr. xxxxx xxxxxx

#### xxxxxxxxx St.

xxxx, Tennessee 38xxxx

Dear Mr. xxxxxxxx:

Thank you for contacting me regarding your concerns with the National Defense Authorization Act of 2012 (NDAA). Hearing from constituents on issues of concern is important to me as I work to represent our district.

As passed by the U.S. House of Representatives on December 14, 2011, the National Defense Authorization Act of 2012 maintains our current policy that the U.S. military has the right to detain individuals like the Underwear bomber or the Times Square bomber, who are part of or substantially supporting al Qaeda and associated forces. While the NDAA does not address or in any way alter existing law regarding the detention of U.S. citizens, the U.S. Supreme Court has previously held that there are certain contexts in which a U.S. citizen captured on the battlefield in Afghanistan may be lawfully held as an enemy combatant in the United States. However, the Supreme Court also held that such an individual is entitled to challenge the legality of his detention through a petition for habeas corpus in federal court. Many people are uncomfortable with this ruling, and I am not unsympathetic to their arguments. The NDAA does not address this issue and voting against NDAA would not override a Supreme Court decision, no matter how problematic some may find it. We were asked to vote on the proposition that the military has the authority to detain terrorists who are associated with al Qaeda and committing acts of war against Americans. I believe that the clear answer to that question is yes.

The following is a review of the detainee provisions in NDAA:

o The Authorization for Use of Military Force (AUMF) section in our bill, Section 1021, merely codifies current law. It specifically states, "nothing in this section shall be construed to affect existing law or authorities, relating to the detention of United States citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States."

o Any U.S. citizen detained under Section 1021 has the right under Habeas corpus to have the legality of any such detention determined by our courts. The courts have also held that anyone detained under the AUMF at Guantanamo Bay, Cuba, also has habeas rights. We do not change these rights.

o Section 1022, entitled, "Military Custody For Foreign al-Qaeda Terrorists" specifically excludes U.S. citizens. It states, "the requirement to detain a person in military custody under this section does not extend to citizens of the United States." It also states the requirement to detain under Section 1022 "does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States."

o We also codified periodic review for those being detained at Guantanamo Bay, both now and in the future. This is an important procedure for those detained indefinitely as a threat to the United States under the law of war.

I have included a link to the House Armed Services Committee Republicans website, which has a summary of the various provisions in the defense authorization act included for your review. Also linked is an informative piece written by Congressman Buck McKeon, Chairman of the House Committee of Armed Services, entitled "Myths on the New Detainee Policy." Rest assured, as the 112th Congress moves forward, I will continue to keep your views in mind.

Please know that I appreciate both your interest and time in contacting us on this issue. As the discussion moves forward on this and other issues, please feel free to visit our website at www.house.gov/blackburn where you can sign up for our email update, learn about constituent services, and find the latest legislative news and critical information that affects and concerns the people of Tennessee.

Sincerely,

Marsha Blackburn

Member of Congress

MB/

[Garufa]

The sooner we get the words "terrorist" and "al Qaeda" out of the vocabulary of this country the better off we will be.

[hornett22]

Automated response letter no doubt. I'm sure you're not the first to receive one.

Hope you respond accordingly at the ballot box.

[Fallguy]

She is my Rep as well....used to really like her. But between this and her being in favor of SOPA.....well....

[sigmtnman]

Congress is al quada

[leroy]

Remember, they are the "best and brightest"; just ask 'em. Remember the pundits remarks about "...polititians bein like dirty diapers. They need to be changed early and often....".

leroy

[daddyo]

Sounds like just about every response I've gotten from her regarding several issues. SSDD.

Marsha, you've become a typical Washington bureaucrat and you've lost my vote.

[Guest nicemac]

Remember the pundits remarks about "...polititians bein like dirty diapers. They need to be changed early and often....".

leroy

You left off the last part "they need to be changed often, and for the same reason."