Garamendi Praises Senate for Voting for Due Process and Afghanistan Withdrawal Amendments to National Defense Authorization Act

WASHINGTON, DC – Congressman John Garamendi (D-Fairfield, CA), a Member of the House Armed Services Committee, today praised the U.S. Senate for voting for amendments to the National Defense Authorization Act (NDAA) that prevent U.S. citizens from being detained indefinitely without trial and call on the Administration to pursue a steady pace drawdown in Afghanistan through 2014. Barring unforeseen procedural obstacles, final passage of the NDAA in the Senate may occur on Monday.

The Afghanistan amendment by Senator Jeff Merkley, Amendment 3096, passed by a 62-33 vote. It is almost identical to an amendment Congressman Garamendi introduced to the House version of the NDAA, which unfortunately failed to secure a majority vote. The amendment to end indefinite detention, which was authored by Senators Dianne Feinstein and Rand Paul, Amendment 3018, passed by a 67-29 vote. It is almost identical to Congressman Garamendi's first indefinite detention amendment to the NDAA, which the House of Representatives also failed to pass.

"Lawmakers have now sent a clear bipartisan message: it's time to end the longest war in American history," Congressman Garamendi said. "I was proud to introduce an amendment similar to Senator Merkley's in the House, and I'm going to be on the phone today telling my colleagues on the House Armed Services Committee to keep the Merkley amendment once we negotiate an NDAA that bridges the House and Senate versions."

"When any of us are accused of a crime, we all deserve our day in court. Our due process rights, the belief that none of us should be detained indefinitely without a fair trial, is a fundamental American value enshrined in our Bill of Rights," Congressman Garamendi said. "The Senate passed an amendment that secures these rights for American citizens and legal permanent residents detained on U.S. soil. I'm encouraging my House colleagues to include the amendment in final NDAA negotiations. However, I remain concerned that the NDAA is still alarmingly vague with regard to non-citizens detained in America. I think it sets a dangerous precedent to include language that could allow vacationers, foreign business representatives, or migrant workers to be swept off an American street without trial and detained indefinitely."

Garamendi is the author of the Civil Liberties Act of 2012, H.R. 5936, which would make sure that all individuals suspected of criminal activity detained on U.S. soil by federal agents would be transferred immediately for charge and trial to federal courts, established by Article 3 of the Constitution. Over the past decade, over 400 terrorists have been successfully charged and tried before Article 3 courts.