New Rand Paul Draft on Detention
Sen. Rand Paul's office has been circulating the following draft amendment---which is rather different from his earlier version:
sec. [____].
Published by The Lawfare Institute
in Cooperation With
Sen. Rand Paul's office has been circulating the following draft amendment---which is rather different from his earlier version:
sec. [____]. prohibition on indefinite detention and transfer of persons. (a) [FINDINGS] (b) Section 4001 of Title 18, United States Code, is amended – (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) (1) An authorization to use military force, a declaration of war, or any similar authority shall not authorize- (A) the detention without charge or trial of any person apprehended in the United States or a territory or possession of the United States; or (B) the transfer of any person apprehended in the United States or a territory or possession of the United States to the custody of the Armed Forces of the United States or to any entity or person outside of the United States; unless an Act of Congress expressly authorizes such detention or transfer. (2) Paragraph (1) applies to an authorization to use military force, a declaration of war, or any similar authority enacted before, on, or after the date of the enactment of this section. (3) Paragraph (1) shall not be construed to authorize the detention or transfer of any person apprehended in the United States or a territory or possession of the United States.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.
