Sen. Feinstein introduces bill prohibiting military detention of US citizens

During the Senate debate of the Defense bill, Feinstein passed an eleventh-hour amendment that amounted to a truce, stating that nothing in the bill changed current law when it comes to the detention of U.S. citizens.

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Feinstein and other Democrats argued that the bill would have legalized the military detention of U.S. citizens, while its supporters said the Supreme Court already had made such detention legal with the 2004 Hamdi v. Rumsfeld decision.

“The Supreme Court will decide who can be detained. The Senate will not,” Senate Majority Whip Dick DurbinDick DurbinMcCain rivals praise senator after brain cancer diagnosis Graham and Kushner met to discuss immigration differences: report Trump's FBI nominee passes committee, heads to full Senate MORE (D-Ill.) said last month after the amendment was agreed to.

Feinstein is hoping to erase that ambiguity and make it 100 percent clear that the military cannot detain American citizens on U.S. soil.

“We must clarify U.S. law to state unequivocally that the government cannot indefinitely detain American citizens inside this country without trial or charge,” Feinstein said in a statement. “I strongly believe that Constitutional due process requires U.S. citizens apprehended in the U.S. should never be held in indefinite detention.”

Feinstein’s bill has 13 co-sponsors, including three who voted against the authorization bill Thursday: Sens. Al FrankenAl FrankenOPINION | Liberal hysteria over Trump's voter fraud panel proves why it's needed Three Dem senators call for 'immediate review' of Kushner's security clearance Live coverage: Trump's FBI nominee questioned by senators MORE (D-Minn.), Rand PaulRand PaulSenate heads to new healthcare vote with no clear plan Overnight Healthcare: CBO predicts 22M would lose coverage under Senate ObamaCare replacement Fox News personality: GOP healthcare plan says ‘ideology is less important than victory' MORE (R-Ky.) and Mike LeeMike LeeCruz offers bill to weaken labor board's power Overnight Finance: GOP offers measure to repeal arbitration rule | Feds fine Exxon M for Russian sanctions violations | Senate panel sticks with 2017 funding levels for budget | Trump tax nominee advances | Trump unveils first reg agenda The Memo: Trump tries to bend Congress to his will MORE (R-Utah). But Feinstein likely faces stiff opposition from most Republican senators, as well as fellow Democrat and Armed Services Committee Chairman Carl LevinCarl LevinTrump and GOP wise to keep tax reform and infrastructure separate Former senator investigated man in Trump Jr. meeting for money laundering Dems abuse yet another Senate tradition to block Trump's agenda MORE (Mich.), who drafted the detainee language in the authorization bill.