Heinrich Conflicted by Due Process Applications

Martin Heinrich

Congressmen Martin Heinrich introduced H.R. 3702, the Due Process Guarantee Act of 2011. According to Heinrich, this bill is necessary to clarify U.S. law by amending the Non-Detention Act of 1971 to ensure that within the United States, U.S. citizens and permanent residents cannot be detained indefinitely without trial.

Anwar al Awlaki

“Detainee provisions included in this year’s Defense Authorization and retained in the final Conference Report do not strengthen our national security and are at complete odds with the United States Constitution,” said Rep. Heinrich. “It is time we restore the proper balance between individual liberties and national security.” Section 1021 (formerly Section 1031 of S. 1867) of the just passed NDAA Conference Report would authorize the indefinite military detention of suspected terrorists without explicitly protecting U.S. citizens’ rights. Under this new law, individual American citizens suspected of terrorism may be detained under the laws of war and held indefinitely “until the end of hostilities,” said Heinrich.

Curiously, Anwar al Awlaki a New Mexico-born American citizen was killed by a U.S. drone on September 30th. Congressman Heinrich expressed public approval for the killing. Apparently Heinrich feels U.S. citizens should not be detained by the military indefinitely on U.S. soil, but can be killed overseas should the Commander in Chief and/or the military choose to do so.  

Heinrich Conflicted by Due Process Applications