Rand Paul attempts to restore the 6th Amendment

Senator Rand Paul (R-KY) is widely considered a potential candidate for president in 2016. That speculation was fueled by Paul’s statement last week that he would not rule out running in 2016.

He is attempting to filibuster Defense funding unless he gets a vote on an amendment that would curtail indefinite detention of American citizens held without charge. Senate Majority Leader Harry Reid (D-NV) wants to allow an open amendment process to the Defense authorization bill.

Reid could have allowed a Defense authorization bill to pass before the November elections, but he was afraid that Republicans would use it as an opportunity to discuss the pending cuts to Defense mandated by the Democrats who are working hard to bring minimum wage up to date with the economic strains on American families.
Prison Planet reported Benjamin Wittes of Lawfare blog reports that a source sent him a copy of an e-mail “apparently from Senator Rand Paul’s office” meant for Republican Senate legislative directors regarding an amendment Paul may propose to this year’s version of the National Defense Authorization Act (NDAA). According to the text of the e-mail, the Paul amendment would curtail the president’s power to indefinitely detain American citizens granted under provisions of last year’s law.

Below is the content of the e-mail as published on Lawfare:

From: Henderson, William (Paul)

Sent: Thursday, November 15, 2012 4:54 PM

Subject: Paul amendment to DOD Authorization

GOP LD’s,It is my understanding that some or all of your offices are being whipped on whether your boss would support a Paul amendment to DOD Authorization concerning the detention of US citizens apprehended on US soil and held by the US military. The proposed text of the amendment is below for your convenience. As your boss is considering the amendment, I wanted to point out that the language of the amendment is derived from the 6th Amendment to the US Constitution (http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html), and we would ask that your boss support the 6th Amendment rights of American citizens.


Text of proposed Paul amendment:


A citizen of the United States captured or arrested in the United States and detained by the Armed Forces of the United States pursuant to the Authorization for Use of Military Force (Public Law 107-40) shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Lucy Diamond 

ldiamond@choicetreasures.com