Terrorism Trials & Investigations

Rep. Adam Smith and Sen. Mark Udall Propose NDAA Changes

By Benjamin Wittes
Thursday, March 8, 2012, 10:00 PM

House Armed Services Committee Ranking Member and Sen. Mark Udall have proposed a brief bill that would make two significant changes to the NDAA's detention provisions. The bill, a fact sheet about which is available here, does two things: First, it requires that any person "who is detained in the United States" shall be "transfer[ed] . . . for trial and proceedings by a court established under Article III of the Constitution of the United States or by an appropriate State court." In other words, it requires that anyone held domestically be prosecuted in civilian courts. Second, it would repeal the rump mandatory detention provision--which isn't really very mandatory--of the NDAA.