The Washington Independent
The Washington Independent

Graham Moves Forward With Indefinite Detention Proposal

Two weeks ago, Sen. Lindsey Graham (R-SC), in the midst of negotiations with the White House over trading a military tribunal for 9/11 conspirator Khalid Shaikh

Adan Duran
News
Last updated: Jul 31, 2020 | Mar 09, 2010

Two weeks ago, Sen. Lindsey Graham (R-SC), in the midst of negotiations with the White House over trading a military tribunal for 9/11 conspirator Khalid Shaikh Mohammed for the closure of the Guantanamo Bay detention facility, floated a new proposal: “a new national security court” for terrorism detainees. Graham didn’t appear to press the point in interviews since. But his spokesman, Kevin Bishop, said Graham is busy drawing up a proposal for how such a system would work, and gave some detail about its scope. As it happens, this is less a national-security court than it is an indefinite detention system. “There has to be some type of statute– and he’s been clear on that — for indefinite detention,” Bishop said.

Primarily, the system Graham is designing is set up for handling the Obama administration’s so-called “Fifth Category” of detainees that a Justice Department task force recommended against charging and releasing. “What do you do with them? What type of system do you have to hold them indefinitely?” Bishop said. “What type of system do you establish where we can ensure that we’re looking back at their cases; that we are holding them; we still determine that they are enemy combatants; they’re too dangerous to release; but we also aren’t going to try them in either a military or a civilian court. So there has to be a system for that, and that’s why Senator Graham is looking for a legal framework.”

Bishop said that Graham was not considering holding any American citizen indefinitely without charge — something that Graham’s close allies, Sens. John McCain (R-Ariz.) and Joe Lieberman (I-Conn.), included in their recent detention proposal. “You can’t hold an American citizen indefinitely in that kind of status,” Bishop said.

Graham is “talking with the White House” about the idea, Bishop said. But last year, the administration opted not to seek a new statute from Congress authorizing indefinite detention, as the Justice Department would “would rely on authority already provided” by the legislature for holding some terror suspects without charge.

There’s much that remains undefined about Graham’s proposal, including how much oversight judges would exercise over detainees held without charge. But Bishop said the system Graham is trying to set up wouldn’t just apply to the estimated 48 Guantanamo detainees the task force considers too dangerous to release but too difficult to prosecute in any forum. “There may be some people whom we capture in the future whom we can’t release,” Bishop said, “and that’s what Senator Graham is trying to establish.” Any proposal remains “weeks away” from introduction, he added, as “the White House has said they’re weeks away from any determination, even on the KSM situation.”

Update: I should clarify that the DOJ left itself wiggle room last year. According to The New York Times, while the administration opposed new legislation for the indefinite detention without charge of those 48-odd Guantanamo detainees, it hasn’t ruled out seeking such legislation for future detainees whom it may seek to hold indefinitely without charge. I’m trying to get some clarity here from the Justice Department.

Adan Duran | Adan is a high-energy keynote speaker who encourages audiences to use their focus to pay attention to what matters most at work and in life. His audience members adore his realistic techniques that they can use in their personal and professional lives. As a professional speaker, he has won several awards. His extensive experience in learning, growth, and leading large corporate teams makes his an ideal candidate. Employers recruit Adan because of his actionable techniques for avoiding disruptions, stopping interruptions, prioritizing everyday objectives, and saying no to demands that divert resources away from actual goals and priorities.

Related

Giffords shooting leads nation to introspection and political finger wagging

In the wake of the shooting in Arizona this weekend that critically injured Rep.

EPA Administrator Addresses Concerns About Oil Spill Waste Management

At a hearing of the national oil spill commission today, Environmental Protection Agency Administrator Lisa Jackson addressed concerns about waste disposal from

E-Verify Mandate Begins Today

The Obama administration today begins implementation of a new mandate to require all federal contractors to check the legal status of their employees to confirm

EPA administrator defends allowing Florida to write its own water pollution rules

The EPA seal (Pic via sentryjournal.com) The Environmental Protection Agency has come under fire for its decision to allow the state of Florida to write its own water pollution rules (known as “numeric nutrient criteria”). EPA Regional Administrator Gwendolyn Keyes Fleming is now firing back, writing that the Agency commends the state Department of Environmental Protection for its draft of a proposed standard. A host of environmental groups filed suit in 2008, seeking to compel the EPA to implement a strict set of water pollution standards in Florida, arguing that the state was in violation of the Clean Water Act.

EPA administrator fires back at critics in op-ed

EPA Administrator Lisa Jackson (Pic by USACEpublicaffairs, via Flickr) EPA Administrator Lisa Jackson penned a new op-ed for the Los Angeles Times , criticizing House Republicans desperately seeking to undermine the authority of the agency they have dubbed a “job killer.” Arguing that the environment affects red states and blue states alike, Jackson writes that “it is time for House Republicans to stop politicizing our air and water.” As head of the Environmental Protection Agency, Jackson has faced harsh criticism from House Republicans and GOP presidential candidates who say the agency’s regulations are an undue burden on businesses that have to cut jobs simply to comply with clean water and air rules. Presidential hopeful Michele Bachmann  has pledged to end the EPA if she takes office. “Since the beginning of this year, Republicans in the House have averaged roughly a vote every day the chamber has been in session to undermine the Environmental Protection Agency and our nation’s environmental laws,” writes Jackson.

EPA administrator says federal nutrient criteria is a ‘myth’

In testimony given late last week, EPA Administrator Lisa Jackson said that false accusations about her agency’s numeric nutrient criteria to govern Florida waterways are proving to be a detriment to their implementation. # Testifying before the House Agriculture Committee, Jackson said her agency’s work was often “mischaracterized” and addressed several myths surrounding its work

EPA announces hold on nutrient standards if Florida can come up with own criteria

The EPA announced today that it is now prepared to withdraw a portion of its proposed numeric nutrient criteria (a set of standards governing water pollution in inland waters) and delay the portion related to estuarine waters, to allow the state Department of Environmental Protection to develop its own criteria. # From a statement released by the EPA earlier today: # EPA recognizes that states have the primary role in establishing and implementing water quality standards for their waters. Therefore, EPA is prepared to withdraw the federal inland standards and delay the estuarine standards if FDEP adopts, and EPA approves, their own protective and scientifically sound numeric standards

EPA Analysis Says Climate Bill’s Cost for Households Would Be ‘Modest’

All the attention on the energy front today is going to the BP spill, but the Environmental Protection Agency quietly released its long-anticipated analysis of

EPA and California Near Deal on Fuel Efficiency Standards

Two weeks ago, the Obama administration raised fuel efficiency standards by an average of two miles per gallon -- a modest change that disappointed some

© Copyright 2021 The Washington Independent All Rights Reserved

Terms & Privacy | twi.news@washingtonindependent.com