Another GOP member proposes fix to detainee language in defense law

By Pete Kasperowicz - 02/28/12 10:38 AM ET

Rep. Chris Gibson (R-N.Y.) on Monday introduced legislation that would fix controversial language in the National Defense Authorization Act (NDAA) that many believe could allow the U.S. government to detain Americans suspected of working with terrorists.

Gibson's bill, H.R. 4092, would add language to the NDAA that says, "Notwithstanding any other provision of this section, the writ of habeas corpus shall remain available to any individual detained within the United States and no American citizen or lawful resident may be detained without all the rights of due process." Due process is defined as the right to a public trial, the right to be informed of the government's accusations and other procedural norms.

Gibson is one of several Republicans and Democrats that have pushed for a fix to the NDAA. That bill, which passed last year, reaffirms the authority of the government to detain suspected terrorist associates and requires military detention of anyone who plots an attack against the United States.

The bill does say explicitly that no new authority is created to detain U.S. citizens, and that the military detention language does not apply to citizens. But several members said they feared the language could still create some wiggle room for the administration, and wanted extra assurances that U.S. citizens would be protected.

A spokeswoman for Gibson, Stephanie Valle, said Gibson does not believe the NDAA erodes the civil liberties of Americans, but that he has heard from constituents who are worried about the bill.

"Therefore, in an effort to allay the remaining concerns of our constituents, Congressman Gibson introduced H.R. 4092," she said. "The bill, while redundant, makes clear that every American citizen, any lawful resident of the United States or anyone detained on U.S. soil is entitled to all of the rights that are guaranteed to us in the Constitution.

"As such, the majority of the bill is a simple reaffirmation of our constitutional rights — rights which, again, were not infringed upon by the NDAA," she added.

In December, Rep. Jeff Landry (R-La.) said he had assurances from House Armed Services Committee Chairman Buck McKeon (R-Calif.) regarding revisiting the NDAA. Landry has his own bill, H.R. 3676, that would clarify the NDAA by saying "no United States citizen may be detained against his or her will without all the rights of due process afforded to the citizen in a court ordained or established by or under Article III of the Constitution of the United States."

Landry's bill now has 61 co-sponsors, including Rep. Gibson.

— This story was updated at 10:28 a.m.