Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010
Encyclopedia
The Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010 (S. 3081) is a bill
introduced by United States Senator John McCain
, sponsored by Joe Lieberman
and eight other Republican Senators. Its counterpart in the House
is H.R. 4892, introduced by Howard McKeon
(R-CA
).
In introducing the bill on the Senate floor, McCain said:
According to the legal news service JURIST
both the American Civil Liberties Union
and Republican
Senator Lindsey Graham
expressed concerns over the proposed bill.
The bill proceeds to define an "unprivileged enemy belligerent" as an individual who:
The bill authorizes the President
to establish a "high-value detainee interrogation group" consisting of executive branch personnel with expertise in national security, terrorism, intelligence, interrogation, or law enforcement to perform the interrogation and status determination.
The bill defines that the paramount purpose of such interrogations is the protection of U.S. civilians and facilities through thorough and professional interrogation for intelligence purposes. It further prohibits the use of Department of Justice
(DOJ) appropriated funds to prosecute an unprivileged enemy belligerent in an Article III court.
Finally, the bill allows for the detention of a person who is deemed to be an unprivileged enemy belligerent without criminal charges or trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged or which the individual has purposely and materially supported.
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
introduced by United States Senator John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
, sponsored by Joe Lieberman
Joe Lieberman
Joseph Isadore "Joe" Lieberman is the senior United States Senator from Connecticut. A former member of the Democratic Party, he was the party's nominee for Vice President in the 2000 election. Currently an independent, he remains closely affiliated with the party.Born in Stamford, Connecticut,...
and eight other Republican Senators. Its counterpart in the House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
is H.R. 4892, introduced by Howard McKeon
Howard McKeon
Howard Philip "Buck" McKeon is the U.S. Representative for , serving since 1993. He is a member of the Republican Party.-Early life, education and career:...
(R-CA
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
).
In introducing the bill on the Senate floor, McCain said:
This legislation seeks to ensure that the mistakes made during the apprehension of the Christmas Day bomberUmar Farouk AbdulmutallabUmar Farouk Abdulmutallab , popularly referred to as the "Underwear Bomber", is a suspected terrorist who attempted to detonate plastic explosives hidden in his underwear while on board Northwest Airlines Flight 253, en route from Amsterdam to Detroit, Michigan, on December 25,...
, such as reading him a Miranda warningMiranda warningThe Miranda warning is a warning given by police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. In Miranda v...
, will never happen again and put Americans’ security at risk.
According to the legal news service JURIST
JURIST
JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, powered by a staff of more than 40 law students working in Pittsburgh and other US locations under the direction of founding Publisher & Editor-in-Chief Professor Bernard Hibbitts, Research Director Jaclyn...
both the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
and Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Senator Lindsey Graham
Lindsey Graham
Lindsey Olin Graham is the senior U.S. Senator from South Carolina and a member of the Republican Party. Previously he served as the U.S. Representative for .-Early life, education and career:...
expressed concerns over the proposed bill.
The Bill
According to the bill's official summary, the bill requires that any person who is arrested on suspicion of terrorism against the United States or its coalition partners be placed in military custody for the purposes of initial interrogation and determination of status as an "unprivileged enemy belligerent". Such determination is to be made within 48 hours.The bill proceeds to define an "unprivileged enemy belligerent" as an individual who:
- has engaged in hostilities against the United States or its coalition partners;
- has purposely and materially supported hostilities against the United States or its coalition partners; or
- was a part of al Qaeda at the time of capture.
The bill authorizes the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
to establish a "high-value detainee interrogation group" consisting of executive branch personnel with expertise in national security, terrorism, intelligence, interrogation, or law enforcement to perform the interrogation and status determination.
The bill defines that the paramount purpose of such interrogations is the protection of U.S. civilians and facilities through thorough and professional interrogation for intelligence purposes. It further prohibits the use of Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
(DOJ) appropriated funds to prosecute an unprivileged enemy belligerent in an Article III court.
Finally, the bill allows for the detention of a person who is deemed to be an unprivileged enemy belligerent without criminal charges or trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged or which the individual has purposely and materially supported.
Co-sponsors
S.3081 was co-sponsored in the Senate by:- Scott BrownScott BrownScott Brown is a United States senator.Scott Brown may also refer to:-Sportsmen:*Scott Brown , American college football coach of Kentucky State...
[MA] - Saxby ChamblissSaxby ChamblissClarence Saxby Chambliss, Jr. is the senior United States Senator from Georgia. A member of the Republican Party, he previously served as a U.S. Representative ....
[GA] - James Inhofe [OK]
- George LeMieuxGeorge LeMieuxGeorge Stephen LeMieux is a former United States Senator from Florida. He was Chairman of the Florida-based law firm of Gunster Yoakley & Stewart, P.A. and served as Chief of Staff to Governor Charlie Crist, was former Deputy Florida Attorney General, and is credited with spearheading Crist's...
[FL] - Jeff SessionsJeff SessionsJefferson Beauregard "Jeff" Sessions III is the junior United States Senator from Alabama. First elected in 1996, Sessions is a member of the Republican Party...
[AL] - John ThuneJohn ThuneJohn Randolph Thune is the junior U.S. Senator from South Dakota and a member of the Republican Party. He previously served as a U.S. Representative for .-Early Life, Education:...
[SD] - David VitterDavid VitterDavid Vitter is the junior United States Senator from Louisiana and a member of the Republican Party. Previously, he served in the United States House of Representatives, representing the suburban Louisiana's 1st congressional district. He served as a member of the Louisiana House of...
[LA] - Roger WickerRoger WickerRoger Frederick Wicker is the junior U.S. Senator from Mississippi and a member of the Republican Party. In December 2007 he was appointed by Governor Haley Barbour to fill the seat vacated by Trent Lott. He subsequently won the 2008 special election for the remainder of the term. Wicker served...
[MS]
See also
- Detainee Treatment ActDetainee Treatment ActThe Detainee Treatment Act of 2005 is an Act of the United States Congress that prohibits inhumane treatment of prisoners, including prisoners at Guantanamo Bay; requires military interrogations to be performed according to the U.S...
- Military Commissions Act of 2006Military Commissions Act of 2006The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
- Military Commissions Act of 2009Military Commissions Act of 2009The United States House of Representatives passed a bill, known as the Military Commissions Act of 2009, which amended the Military Commissions Act of 2006.Formally, it is Title XVIII of the National Defense Authorization Act for Fiscal Year 2010 ....
- Alien and Sedition Act
- Third Geneva ConventionThird Geneva ConventionThe Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. It was first adopted in 1929, but was significantly updated in 1949...
Relative to the Treatment of Prisoners of War - al-QaedaAl-QaedaAl-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...