And there lies the rub.
Why are senators like Graham saying stuff like this-
Graham added that it was right that Americans should be subject to the detention law as well as foreigners. "It is not unfair to make an American citizen account for the fact that they decided to help Al Qaeda to kill us all and hold them as long as it takes to find intelligence about what may be coming next," he said. "And when they say, 'I want my lawyer,' you tell them, 'Shut up. You don't get a lawyer.'"
If this does not apply to US citizens?
My guess is that if they declare you a "terrorist" or link you to a "terrorist organization",then are they claiming you've "forfeited your citizenship" as a result?
IMHO- this bill,like many others,if not ALL of them these days,are so full of legalese and carefully worded contractions,that we'll have to see what actually happens as a result of its passing.
And what Graham and McCain have to say about this bill is telling as to the intention of its drafters.
Historically,we can look to the Alien and Sedition acts to see how such broad legislation can in fact affect Americans- John Adams had a senator arrested under that law for referring to Adams as "his rotundness".
The poor guy spent 2 years in jail for that remark.......
In any case,we've seen the Obama administration ignore the 5th amendment when it came to Anwar al-Awlaki:http://www.nytimes.com/2011/10/09/world/middleeast/secret-us-memo-made-legal-case-to-kill-a-citizen.html?_r=1&pagewanted=all
Personally,I'm not against using special forces or even mercenaries hired by the power of congress to issue marque of reprisals,to hunt down and capture these people,and bring them to face Constitutionally sanctioned justice- and if they resist,then so be it,they get popped.
But a missile strike without even attempt to capture?
On closing this post,I'd like to point out that Judge Andrew Napolitano,a man who is intimately familiar with the law as he has served in the justice system,has also raised the alarm about this issue along the same lines as others-
That this bill gives the military the power to detain Americans indefinitely,without access to due process or other protections as per the Constitution.
His show,Freedom Watch,airs on the Fox Business channel every night of the week.