header image

[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather


 
Calendar
Today in
S.C.V. History
March 29
1928 - Little dam victim, thought unidentified & buried in SCV, actually ID'd & buried in Chatsworth [story]
Newhall Cowboys


Commentary by Sen. Dianne Feinstein
| Friday, May 3, 2013
Sen. Dianne Feinstein, D-Calif.

Sen. Dianne Feinstein, D-Calif.

Some in Congress are blaming the Obama administration for the Boston Marathon bombing and calling for the surviving suspect to be held in indefinite detention as a so-called ‘enemy combatant.’

Unfortunately, this isn’t the first time we’ve been down this path.

Holding American citizens who have been arrested on U.S. soil in indefinite military detention is absolutely incompatible with our values. To do so would risk a return to the dark chapter of American history when we detained Japanese-American citizens during World War II.

I believe such military detention is not only unconstitutional, but has also proven ineffective at achieving justice and gaining intelligence.

In 1971, Congress passed the Non-Detention Act to repudiate the shameful Japanese-American internments during World War II. That landmark legislation says, “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an act of Congress.”

Additionally, the Fifth Amendment guarantees that no person shall be “deprived of life, liberty, or property, without due process of law.” This right to due process applies to all persons in the United States, but especially our citizens.

Holding Dzhokhar Tsarnaev, the remaining Boston bombing suspect, as an enemy combatant would not only be constitutionally unsound, but because there are no known indications at this point that Tsarnaev was operating as part of any terrorist group, he does not qualify as an “enemy combatant” as defined by recent U.S. law and as interpreted by federal courts.

As national security law expert Ben Wittes wrote recently about Tsarnaev, “Unless and until such evidence arises, military detention is not merely a bad idea. It is simply not legally available.”

Under the 2012 National Defense Authorization Act and the Authorization to Use Military Force, which was passed after 9/11, Congress authorized the executive branch to hold in military detention only those who are “part of” or “substantially supporting” al Qaeda, the Taliban or associated forces.

In 2002, Jose Padilla was arrested in Chicago on suspicion of plotting a radiological bomb attack on behalf of al-Qaeda. President Bush designated him an enemy combatant and, arguing that he was not entitled to trial in civilian courts, transferred him to a military prison where he was held for three and a half years without charge or trial.

The Bush administration eventually moved the case to a federal civilian court where Padilla was convicted on criminal conspiracy charges and sentenced to 17 years and four months in prison.

The Padilla case demonstrates that even if all of the legal hurdles could be overcome, military detention offers no clear advantages in the Boston bomber case. In fact, it has several important disadvantages.

In the decade following 9/11, federal criminal courts successfully prosecuted 494 terrorism-related cases. In addition to its proven record in convicting and sentencing terrorists, the criminal justice system has also been used as an effective intelligence collection tool.

Intelligence and law enforcement officials regularly note that terrorism defendants often waive their Miranda rights to remain silent and have provided valuable intelligence on terrorist groups including details of active plots; locations of terrorists, training camps and safehouses; telephone numbers and email addresses used by al Qaeda; and information on recruiting techniques and finances.

The ability to provide information in exchange for reduced sentences has also proven valuable in many cases. Those sent to military custody — like Padilla — have much less incentive to talk.

Furthermore, sending Tsarnaev to military custody would undermine the future criminal prosecution that will most likely keep him in federal prison for life or sentence him to death.

In post-9/11 cases where U.S. persons were held in military custody before being prosecuted in federal civilian court, the consequence of military detention has been a substantially shorter sentence than could have been achieved if the suspects had been originally prosecuted in federal court.

Civilian courts are clearly the venue of choice to prosecute these terrorism-related cases, especially for U.S. citizens captured on American soil.

 

U.S. Sen. Dianne Feinstein, D-Calif., chairs the Senate Intelligence Committee. Her commentary originally appeared in The Huffington Post.

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

1 Comment

  1. Jody says:

    Blaming Republicans for demanding “indefinite detention.” Oh please. Why doesn’t she address the AG sending in a magistrate to Mirandize the murderer before the FBI had completed their questioning of him? They were to have been given 48 hours, but the judge interrupted the FBI after only 16 hours. They were getting valuable intel from him, and as soon as he was read his rights, he clammed up. FBI agents were STUNNED… they were not even given any warning.

    Once again, WHOSE SIDE ARE LIBERALS ON?! Certainly not America’s.

    Meanwhile, as usual, Ms. Feinstein is silent on the REAL issues… she must tow the company line, America be damned.

Leave a Comment


Opinion Section Policy
All opinions and ideas are welcome. Factually inaccurate, libelous, defamatory, profane or hateful statements are not. Your words must be your own. All commentary is subject to editing for legibility. There is no length limit, but the shorter, the better the odds of people reading it. "Local" SCV-related topics are preferred. Send commentary to: LETTERS (at) SCVNEWS.COM. Author's full name, community name, phone number and e-mail address are required. Phone numbers and e-mail addresses are not published except at author's request. Acknowledgment of submission does not guarantee publication.
Read More From...
RECENT COMMENTARY
Wednesday, Mar 27, 2024
Remo, Inc. is is the world's leading manufacturer and developer of synthetic drumheads and shells. They’ve been in business for 60 years
Tuesday, Mar 26, 2024
Springtime in Santa Clarita brings not only vibrant blooms and opportunities to embrace the outdoors with warmer weather, but also an array of free, family-friendly events and this Saturday is no exception.
Thursday, Mar 21, 2024
Did you know that each year, Main Street in Old Town Newhall undergoes countless makeovers for different events, such as Light Up Main Street and the Fourth of July Parade?
Thursday, Mar 21, 2024
Los Angeles County Supervisor Kathryn Barger, whose Fifth District includes the Santa Clarita Valley, issued the following statement Thursday in response to an announcement by Federal Communications Commission Chairwoman Jessica Rosenworcel of a proposal to change how calls to the 9-8-8 Suicide and Crisis Lifeline are routed.
Monday, Mar 18, 2024
Unlike our children who enjoy a week-long spring break, we adults no longer have that luxury.
Friday, Mar 15, 2024

Latest Additions to SCVNews.com
1928 - Little dam victim, thought unidentified & buried in SCV, actually ID'd & buried in Chatsworth [story]
Newhall Cowboys
Los Angeles County Public Works is updating the Los Angeles County Bicycle Master Plan.
April 16:  County Bicycle Master Plan Virtual Community Meeting
College of the Canyons mens golf got back on track during its return to conference play on Monday, carding a five-man score of 370 to top the eight-team field at Brookside Golf Course and maintain its unblemished conference mark.
Cougars Win Again, Keep Conference Streak
Los Angeles County Treasurer and Tax Collector, reminds property owners that the second installment of the 2023-24 Annual Secured Property Taxes becomes  delinquent if not received by 5 p.m. Pacific Time or United States Postal Service postmarked on or before Wednesday, April 10, 2024.
County Treasurer Reminds Property Owners of April 10 Due Date
Local nonprofit Fostering Youth Independence is seeking “Allies” to support Santa Clarita youth who are aging out of the L.A. County foster care system.
April 16: FYI Seeks Volunteers To Pair With Local Foster Youth
The Los Angeles County Department of Public Health today unveiled the latest L.A. County Health Survey, which gathers vital data on health behaviors, conditions, neighborhood settings, and the needs of L.A .County residents, informing future public health policies and programs.
Public Health Unveils the 2023 L.A. County Health Survey Findings
Due to the projected rain forecast, Eggstravaganza will now be held indoors at the Canyon Country Community Center beginning promptly at 10 a.m. on March 30.
March 30: Eggstravaganza Now Being Held Indoors at Canyon Country Community Center
To support the mental health of California's young people, the California Department of Public Health awarded $25 million to 28 tribal and community-based organizations across the state.
California Announces $25 Million in Awards for Youth Mental Health
The College of the Canyons Athletic Department will host a dedication ceremony to unveil the Michele Jenkins Softball Team Room in honor of the longtime board member and ardent softball program supporter’s nearly 40 years of service to the district.
April 16: COC to Host Michele Jenkins Team Room Dedication Ceremony
PFLAG Santa Clarita has announced the establishment of the Peggy and Jeff Stabile PFLAG SCV Scholarship. The scholarship will provide financial assistance to LGBTQIA+ students pursuing higher education and committed to advocating for LGBTQIA+ rights and promoting diversity and inclusion.
PFLAG SCV Announces Stabile PFLAG Scholarship
1934 - Bouquet Canyon Reservoir, replacement for ill-fated St. Francis Dam & reservoir, begins to fill with water [story]
Bouquet Reservoir
The California Department of Public Health launched the “Never a Bother” campaign, a youth suicide prevention public awareness and outreach campaign for youth, young adults, and their parents, caregivers, and allies.
California Launches New Youth Suicide Prevention Campaign
The Santa Clarita Master Chorale invites the community to "Let the Sunshine In," a delightful evening of food, wine and song at the annual Cabaret & Cabernet fundraising benefit.
April 20: Santa Clarita Master Chorale’s Cabaret, Cabernet Fundraiser
The Los Angeles County Department of Public Health cautions residents who are planning to visit the below Los Angeles County beaches to avoid swimming, surfing, and playing in ocean waters:
March 27 Ocean Water Warning
As an integral ingredient necessary to help the Santa Clarita Valley to flourish, feedback from the business community is the secret sauce for achieving great things.
SCVEDC Asks For the Business Community’s Opinion on Santa Clarita
Raise your heart rate while raising funds for the Santa Clarita Sister Cities Dollars-for-Desks campaign to provide school desks for students in Sariaya, Santa Clarita's Sister City in the Philippines.
April 13: Sister Cities Zumba-thon Fundraiser
Remo, Inc. is is the world's leading manufacturer and developer of synthetic drumheads and shells. They’ve been in business for 60 years
SCVEDC Company Spotlight: Drumming Up Big Business with Remo, Inc.
California State Assemblywoman Pilar Schiavo (D-Chatsworth) and Assemblyman James Ramos (D-Highland) have introduced AB 3074 the "School or athletic team names: California Racial Mascots Act."
Schiavo Introduces Bill to Prohibit ‘Derogatory’ School Mascot Names
Los Angeles County’s Justice, Care and Opportunities Department  in collaboration with Local Initiatives Support Corporation Los Angeles is proud to announce the 2nd Annual Pitch Competition for the cohorts of JCOD's Incubation Academy.
March 28: JCOD Incubation Academy Helps Grassroots Non-Profits For the Second Year
Children’s Bureau is seeking foster families and now offers two virtual ways for individuals and/or couples to learn how to help children in foster care while reunifying with birth families or how to provide legal permanency by adoption.
April 18: Children’s Bureau Hosts Virtual Orientation
The Sunburst track was constructed in 1887 by the Southern Pacific Railroad and was a part of the main line running between San Francisco and Los Angeles.
Enjoy Spring With a Ride On The Sunburst Track
California State Superintendent of Public Instruction Tony Thurmond hosted a Personal Finance Summit today where he announced his support for Assembly Bill 2927 (McCarty), legislation that would require a personal finance education course for California high school graduation.
State Superintendent Announces Support for Personal Finance Graduation Requirement
1847 - Probable birth date of Pico Canyon oil driller Charles Alexander Mentry [story]
C.A. Mentry
SCVNews.com