[persiphone]

so this was the response i got from the Senator in my home state after signing the petition on the National Defense Authorization Act.....

December 9, 2011





Ms. ********
730 ******* RD
******, NV *****-0325


Dear Ms. ******:


Thank you for contacting me about detainee provisions in the National Defense Authorization Act for Fiscal Year 2012. I appreciate hearing from you.


On January 22, 2009, President Obama signed a series of executive orders regarding national security policy. As you know, these directives ordered the eventual closing of the Guantanamo Bay detention center, which had become a potent recruiting symbol for anti-American militant extremists; established a process for determining which detainees can be brought to justice in other countries and which detainees can begin to be prosecuted for terrorist acts; and renewed America's commitment to prohibiting torture. These are tough and complex issues, but, like you, I believe very strongly that strengthening our fight against terrorists required these changes. Our military leaders, officials from our intelligence and diplomatic corps, and bipartisan members of Congress all believe that revising our detention and interrogation methods of suspected terrorists will lead more effectively to a strategic defeat of Al Qaeda and other global terrorist groups, and ultimately, a safer America.


In order to effectively combat terrorism within the complex legal and strategic landscape in which we operate, the Administration must also maintain maximum flexibility to apply each of the different tools in our counterterrorism toolbox for each different case in order to ensure intelligence is not lost, the public is not harmed, and terrorists are not set free. While this practical approach has been adopted by the current Administration, some in Congress continue to seek to tie the Administration's hands. As you noted, the Fiscal Year 2012 National Defense Authorization Act, as reported by the Senate Armed Services Committee, includes provisions that would, among other things, mandate the use of military custody for individuals suspected of terrorism-related offenses, even if arrested in the United States. In an important recent speech, Deputy National Security Advisor John Brennan expressed the Administration's concerns about these provisions and other proposals in Congress to limit the Administration's flexibility in its approach to counterterrorism. He stated that under the approach advocated by some in Congress:


"[W]e would never be able to turn the page on Guantanamo. Our counterterrorism professionals would be compelled to hold all captured terrorists in military custody, casting aside our most effective and time-tested tool for bringing suspected terrorists to justice - our federal courts. .In sum, this approach would impose unprecedented restrictions on the ability of experienced professionals to combat terrorism, injecting legal and operational uncertainty into what is already enormously complicated work."


I have been working diligently to improve the detainee-related provisions in the legislation. After the Armed Services Committee first completed their work on the bill, I wrote to the Chair and Ranking Member of the Committee to express my concerns with the provisions and urge further changes. The Committee ultimately reported out a new version of the bill with significant improvements to the detainee provisions. Nevertheless, some important concerns remained.


During consideration of the bill on the Senate floor, I worked with Sen. Dianne Feinstein (D-CA) and others to secure passage of an amendment preventing application of the detention provisions in the bill to United States citizens, lawful resident aliens, or any other persons who are captured or arrested in the United States (S.AMDT.1456). This amendment maintains the constitutional protections of due process and fair judicial proceedings for individuals arrested within the United States, and is an important addition to the bill.


Nevertheless, I am not satisfied that all of the concerns with the detainee provisions have been adequately addressed. As the bill proceeds to a House-Senate conference committee, you can be sure that I will continue to seek additional improvements. It is critical that we maintain a detention policy that gives our counterterrorism professionals the flexibility, capability, and resources they need to effectively apply all of our national security tools toward bringing terrorists to justice.


Again, thank you for taking the time to share your thoughts with me. I look forward to hearing from you in the near future.


My best wishes to you.


Sincerely,
A
HARRY REID
United States Senator
Nevada


this feels like smoke up my ass.