Topic: Military Detention

Amendment 45 of the 2013 NDAA introduces a requirement for the President to notify Congress within 48 hours of detaining a person lawfully in the United States under military force authorization. The hosts express skepticism about the efficacy of these "rights unaffected" clauses in protecting citizens from indefinite military detention.

President Barack Obama signed the National Defense Authorization Act (NDAA) for Fiscal Year 2012 on a Saturday during the holiday weekend, a move seen as avoiding media scrutiny. The bill, H.R. 1540, contains controversial provisions allowing the military to detain U.S. citizens on American soil. Obama released a signing statement expressing "serious reservations" about the detention provisions despite finalizing the law.

The 2011 presidential campaign of Herman Cain is characterized as a distraction from more pressing legislative issues. Specifically, the National Defense Authorization Act (S.1867) and its provisions regarding military detention of American citizens are highlighted as the primary news items being overshadowed by campaign scandals.

Senate Bill 1867, sponsored by Senators John McCain and Carl Levin, contains provisions allowing the military to detain American citizens suspected of supporting Al-Qaeda or the Taliban. The legislation potentially bypasses the Posse Comitatus Act of 1878, which historically prohibits the use of the military for domestic law enforcement. A military judge would determine the status of individuals as "unprivileged enemy belligerents" without traditional Miranda rights.

Senate Bill S3081, the Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010, was introduced by Senator John McCain. The legislation proposes placing individuals suspected of terrorism—including those captured within the United States—into indefinite military custody. The bill is currently in the Senate Committee on the Judiciary.