During consideration of the FY12 National Defense Authorization Act (NDAA), a misinformation campaign was directed at the detainee provisions in the NDAA. This campaign was riddled with inaccuracies, and the House Armed Services Committee actively pushed back to ensure our warfighters had the authorities they needed to combat al-Qaeda, the Taliban, and associated forces trying to kill Americans. In the FY13 NDAA, the House passed language reaffirming the habeas corpus and due process rights of American citizens while defeating attempts to give foreign terrorists greater rights. The following is a summary of that rebuttal, including fact sheets, congressional testimony, letters, editorials, and op-eds.
Fact Sheets
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Reagan, Bush Administration Officials Support FY13 NDAA
(HASC Fact Sheet - Reagan, Bush Admin Officials Support FY13 NDAA.pdf - 328.6 KBs) -
Debunking Myths about the NDAA and Detention Policy
This fact sheet counters myths related to U.S. citizens' habeas corpus and due process rights. (Debunking Myths about the NDAA and Detention Policy.pdf - 280.0 KBs) -
Heritage Foundation WebMemo on NDAA Detention Provisions
This piece by Charles Stimson of the Heritage Foundation takes on false claims that the FY12 NDAA created or expanded federal authority to detain U.S. citizens indefinitely and without due process. (Detainees - Heritage WebMemo.pdf - 1.7 MBs)
Letters
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Former Attorneys General, National Security Officials Support "Right to Habeas Corpus Act," FY12 NDAA
In a May 9 letter to Chairman McKeon, former high-ranking officials under Presidents Reagan and Bush, including Attorneys General Ed Meese and Mike Mukasey, wrote in strong support of detainee language in the FY13 National Defense Authorization Act (NDAA) and expressed opposition to language offered by Reps. Adam Smith and Justin Amash. (May2012 Experts Letter Supporting NDAA.pdf - 79.7 KBs) -
Fmr. Attorney General Mukasey Letter Supporting Updated AUMF
Former Attorney General Michael Mukasey wrote a letter to Chairman McKeon on May 20, 2011 in which he praised legislation to update the AUMF for "add[ing] order and rationality to what has been an improvisational exercise overseen by judges who do not have the fact-finding resources of Congress, or the accountability that comes from being responsible for protecting the national security." (Mukasey Letter Supporting Updated AUMF.pdf - 45.2 KBs) -
Former CIA, NSA Director Michael Hayden Letter Supporting Updated AUMF
(Hayden Letter Supporting Updated AUMF.pdf - 90.1 KBs)
Congressional Testimony
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Steven Bradbury Testimony to Senate Judiciary Committee
Steven Bradbury testified before the Senate Judiciary Committee on February 29, 2012 regarding proposed legislation concerning the detention of American citizens. (Steven Bradbury Testimony to Sen Judiciary 2-29-12.pdf - 373.2 KBs) -
Fmr. Attorney General Michael Mukasey Testimony to HASC
Former Attorney General Michael Mukasey testified before the House Armed Services Committee on July 26, 2011 at a hearing entitled "Ten Years After the 2001 AUMF: Current Status of Legal Authorities, Detention, and Prosecution in the War on Terror." (Mukasey HASC Testimony.pdf - 74.4 KBs) -
Daniel Dell'Orto Testimony to HASC
Daniel Dell'Orto testified before the House Armed Services Committee on July 26, 2011 at a hearing entitled "Ten Years After the 2001 AUMF: Current Status of Legal Authorities, Detention, and Prosecution in the War on Terror." (Daniel Dell'Orto HASC Testimony.pdf - 117.9 KBs) -
Steven Engel Testimony to HASC
Steven Engel testified before the House Armed Services Committee on July 26, 2011 at a hearing entitled "Ten Years After the 2001 AUMF: Current Status of Legal Authorities, Detention, and Prosecution in the War on Terror." (Steven Engel HASC Testimony.pdf - 957.4 KBs)
Best of Op-eds, Editorials, and Articles
"Editorial: Detained and Confused"
Wall Street Journal
May 17, 2012
"Editorial: Smith-Amash Dismantles Architecture Protecting the Homeland"
Wall Street Journal
May 16, 2012
Washington Free Beacon
May 16, 2012
"Editorial: Obama's Missing Detainees"
Wall Street Journal
March 30, 2012
"Editorial: Obama and Dictatorship"
Washington Times
January 3, 2012
Wall Street Journal
December 30, 2011
"Don't Believe the Rumors about the 2012 National Defense Authorization Act"
Rep. Tim Griffin
Daily Caller
December 22, 2011
"Bill’s Detainee Provisions Reaffirm the Law of War"
David B. Rivkin Jr. and Lee A. Casey
Roll Call
October 27, 2011
"Editorial: Reauthorize the War on Terrorism"
Washington Post
May 17, 2011