Detention: Law of

Coming Rand Paul Amendment on U.S. Citizen Detention?

By Benjamin Wittes
Sunday, November 18, 2012, 6:48 PM

A source sent me a copy of this email, apparently from Senator Rand Paul's office last week to Republican Senate legislative directors about a coming amendment by the senator to restrict military detention of U.S. citizens under last year's NDAA:

From: Henderson, William (Paul)
Sent: Thursday, November 15, 2012 4:54 PM
Subject: Paul amendment to DOD Authorization


It is my understanding that some or all of your offices are being whipped on whether your boss would support a Paul amendment to DOD Authorization concerning the detention of US citizens apprehended on US soil and held by the US military. The proposed text of the amendment is below for your convenience. As your boss is considering the amendment, I wanted to point out that the language of the amendment is derived from the 6th Amendment to the US Constitution (, and we would ask that your boss support the 6th Amendment rights of American citizens.

Text of proposed Paul amendment:

A citizen of the United States captured or arrested in the United States and detained by the Armed Forces of the United States pursuant to the Authorization for Use of Military Force (Public Law 107-40) shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

I don't see anything on Sen. Paul's web site about this amendment, nor do I see it any sign of it on Thomas in connection with this year's NDAA. I would be happy to post any information about it that his office provides, however---toward which end I am sending his office a copy of this post.