Tuesday, February 23, 2010
Seeking to bar terrorists from receiving the same rights as Americans, U.S. Rep. Bob Inglis (R-SC) is filing an amendment Tuesday with the House Rules Committee that would prohibit non-US citizens from receiving protection under the Constitution.
Inglis’ amendment will be considered by the Rules Committee as part of the Intelligence Authorization Act for FY 2010, scheduled to come to the House Floor later in the week.
“We need to be able to detain and interrogate terrorists in an appropriate setting to gain time-sensitive, actionable intelligence to prevent coordinated attacks and to protect all Americans,” Inglis said. “Terrorists who attempt cowardly and deadly attacks on U.S. soil should not be afforded the same legal protection as other Americans.”
Under the amendment, the Attorney General would have to consult with members of the Intelligence community, the Director of National Intelligence, CIA, FBI and Secretary of Defense to decide whether to channel the individual combatant to civilian court as a criminal suspect or to a military tribunal as an Underprivileged Enemy Belligerent (enemy combatant) under the Military Commissions Act of 2009.
Under this scenario, the Christmas Day bomber would be detained for attempting to commit terrorism and would not be provided the same Constitutional rights as an ordinary criminal defendant.
Ordinary criminal suspects are provided with the right to a fair trial. An enemy combatant is provided with rights established under the Military Commissions Act of 2009, which balances the need for a fair trial with our national security interests.
Brad Goehner, (202) 226-8467
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