“Our Fifth and Sixth amendments to our Constitution are core to our rights as Americans. These amendments guarantee due process, an attorney, a public trial, a trial by jury, and the ability to contest the evidence against you. These rights were enshrined for the express purpose of preventing our government from secretly arresting our citizens and throwing away the key or otherwise framing the case against Americans. These rights are the ones that guarantee every American has his or her day in court and are the foundation of “innocent until proven guilty.” Section 1021 of the National Defense Authorization Act strips these fundamental Constitutional protections from American citizens.
Some argue that we shouldn’t worry because Section 1021 exempted American citizens. Not true. In fact the Senate considered such language and rejected it!
“Others argue that we shouldn’t worry about Section 1021 because the Senate added language that said the section shouldn’t be construed to alter existing law. I couldn’t disagree more strenuously. Our Executive Branch, under administrations led by both parties, claim that current law allows the President to strip the Fifth and Sixth amendments for American citizens. Thus, this added language was meaningless window dressing that added no protections for American citizens.”
— Senator Jeff Merkley, April 19, 2012