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link Al Franken: Why I Voted Against the National Defense Authorization Act

In 1971, President Richard Nixon signed into law the Non-Detention Act to make sure the U.S. government would never again subject any Americans to the unnecessary and unjustifiable imprisonment that so many Japanese-Americans, German-Americans, and Italian-Americans had to endure. It wasn’t until 1988, 46 years after the internment, when President Reagan signed the Civil Liberties Act, that the government formally acknowledged and apologized for the grave injustice that was done to citizens and permanent residents of Japanese ancestry.

These were dark, dark periods in American history. And it is easy today to think that is all behind us.

But I fear the detention provisions in the bill forget the lessons we learned from the mistakes we made when we interned thousands of innocent Japanese, Germans, and Italians.

With this defense authorization act, Congress will, for the first time in 60 years, authorize the indefinite detention of U.S. citizens without charge or trial, according to its advocates. This would be the first time that Congress has deviated from President Nixon’s Non-Detention Act. And what we are talking about here is that Americans could be subjected to life imprisonment without ever being charged, tried, or convicted of a crime, without ever having an opportunity to prove their innocence to a judge or a jury of their peers. And without the government ever having to prove their guilt beyond a reasonable doubt.

I think that denigrates the very foundations of this country. It denigrates the Bill of Rights. It denigrates what our Founders intended when they created a civilian, non-military justice system for trying and punishing people for crimes committed on U.S. soil. Our Founders were fearful of the military—and they purposely created a system of checks and balances to ensure we did not become a country under military rule. This bill undermines that core principle, which is why I could not support it.

5 months ago

December 16, 2011