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Tell the U.S. Senate: Defend My Right to Trial, Amend the NDAA

"[W]e must not sacrifice this most fundamental right in pursuit of greater security, especially when we can achieve security without compromising liberty." - Sen. Mike Lee

The Feinstein-Lee amendment passed 67-29 on Thursday, November 29, 2012. In the event you want to send a letter of thanks or regret to your Senators, we have kept this live. However, please edit the text of your letter so that it reflects the amendment's passage.

A note of clarification on what the amendment accomplished can be found here.

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Senator Dianne Feinstein (D-CA) and Senator Mike Lee (R-UT) introduced an amendment to the National Defense Authorization Act (NDAA) that would protect American citizens from being indefinitely detained. The amendment, which is cosponsored by several other Republican and Democratic senators, uses essentially the same language as the Due Process Guarantee Act, which Feinstein and Lee introduced last year. The language of the amendment assures that no authorization to use military force, war declaration, or any similar authority would allow an American apprehended in the United States to be held without charge or trial.

During a discussion of their amendment on the Senate floor, September 28, 2012, Sen. Lee said, “Senator Feinstein and I have worked closely together over the course of the past year to craft what we believe represents a very prudent course in protecting both our nation and our liberties at the same time. Security is important, and precisely because it’s important, it must not be acquired at the expense of our individual liberty. It may well be said that government’s most important basic responsibility is to protect the liberties of its citizens. Our nation has fought wars on American soil and around the world in defense of individual liberty. And we must not sacrifice this most fundamental right in pursuit of greater security, especially when we can achieve security without compromising liberty. The Feinstein-Lee amendment does precisely that.

“We must stand behind our 225-year-old founding document as it’s been amended to ensure our liberty isn’t taken away from us, to give us a path to providing for our security without jeopardizing the freedom that our American citizens cherish so much and have fought so hard and so long to protect. Granting the United States government the power to deprive its own citizens of life, liberty, or property without full due process of law goes against the very nature of our nation’s great constitutional values. This amendment, the Feinstein-Lee amendment, protects those values.”

On the floor, Sen. Feinstein explained, “I want to be very clear about what this amendment is and what it’s not about. It’s not about whether citizens such as [Yaser Esam] Hamdi and [Jose] Padilla or others who would do us harm should be captured, interrogated, incarcerated and severely punished. They should be. But what about an innocent American? What about someone in the wrong place at the wrong time, with the wrong skin color?

The beauty of our Constitution is that it gives everyone in the United States basic due process rights to a trial by a jury of their peers. That is what makes this nation great. As Justice Sandra Day O’Connor wrote for the plurality in Hamdi v. Rumsfeld, ‘[A]s critical as the government’s interest may be in detaining those who actually pose an immediate threat to the national security of the United States during ongoing international conflict, history and common sense teach us that an unchecked system of detention carries the potential to become a means for oppression and abuse of others who do not present that sort of threat.’

“The federal government experimented with indefinite detention of United States citizens during World War II, a mistake we now recognize as a betrayal of our core values. Let’s not repeat it.”

Take Action with Conservative Action Alerts -- Sign the Petition and Message Government! Demand your U.S. Senator to SUPPORT the Feinstein-Lee Amendment to the NDAA and Defend the Right to Trial!

Source: Feinstein, Lee Introduce Amendment to Protect Civil Liberties

Public Comments
Nov 30th, 2012
Arlene G. from Monroe Township, NJ writes:
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Please support Feinstein, Lee's Amendment to Protect Civil Liberties. This should not even be an issue in this GREAT wonderful country of ours!!!!
Nov 30th, 2012
Jim K. from Council Bluffs, IA signed.
Nov 30th, 2012
Karen B. from Molalla, OR signed.
Nov 30th, 2012
Jerrie S. from Ponca City, OK signed.
Nov 30th, 2012
Ron & Marilyn S. from Tobaccoville, NC signed.
Nov 30th, 2012
Someone from Biloxi, MS signed.
Nov 30th, 2012
Linda M. from Bartow, FL signed.
Nov 30th, 2012
Someone from Bedford, TX signed.
Nov 30th, 2012
Laura W. from Ava, MO signed.
Nov 30th, 2012
Gail Y. from Casa Grande, AZ signed.
Nov 30th, 2012
Someone from Auburn, KY signed.
Nov 30th, 2012
Franklin M. from Washington, MI signed.
Nov 30th, 2012
Marian B P. from Los Osos, CA writes:
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This is a great bipartisan bill,which retains our American basic rights. Good one.
Nov 30th, 2012
PAUL B. from Millstadt, IL signed.
Nov 30th, 2012
Sid R. from Flowery Branch, GA writes:
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Let us not fear so much the enemy who seeks to kill us; by removing the basic rights of the American citizen. To do so is an admission of failure to contain the enemy. The enemy has won when the basic human rights of each of us are deprived or ignored.
Nov 30th, 2012
Lonnie L. from Eunice, LA signed.
Nov 30th, 2012
Someone from Houston, TX writes:
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All need protection of the Government when arrested and not to be held without charge or trial.
Nov 30th, 2012
Someone from Shafter, CA signed.
Nov 30th, 2012
Dorothy S. from Springville, NY writes:
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Please share this with ALL friends!!
Nov 30th, 2012
Someone from Athens, GA writes:
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We stand as a beacon of freedom in a world of dictators and tyrants precisely because we protect and respect the rights of the individual. If we give up that right we will be no different than those oppressive governments that sparked the establishment of this nation in the first place.
Nov 30th, 2012
JAMIE L. from Bastrop, LA writes:
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WE NEED CONGRESS TO WAKEUP AND DO THERE WORK !!!! WERE TIRED OF THIS !!!!!!NOT STANDING UP AND DOING SOMETHING!!!!
Nov 30th, 2012
Sharon K. from Ogallala, NE writes:
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We must strictly adhere to our Constitution and have due process for all.
Nov 30th, 2012
Debra N. from Mokena, IL writes:
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Congress takes an Oath to Uphold the Constitution and then votes to inact something like the NDAA... What Constitution did they read that gave them the authority to pass the anti Constitutional NDAA in the first place??
Nov 30th, 2012
Someone from Goshen, IN signed.
Nov 30th, 2012
judy t. from Carrollton, OH signed.
Nov 30th, 2012
david t. from Carrollton, OH signed.
Nov 30th, 2012
James C. from Broomfield, CO signed.
Nov 30th, 2012
Rella L. from Boulder Creek, CA signed.
Nov 30th, 2012
Someone from Austin, TX signed.
Nov 30th, 2012
Bradley C. from Puyallup, WA signed.
Nov 30th, 2012
Laurie B. from Fort Worth, TX signed.
Nov 30th, 2012
John B. from Cedar City, UT signed.
Nov 30th, 2012
RC R. from Hollywood, FL signed.
Nov 30th, 2012
Zach B. from Plant City, FL writes:
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Any Congress person that signed the NDAA has commited an act of treason. I'm just sayin'...
Nov 30th, 2012
Someone from Tacoma, WA writes:
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Congress takes an Oath to Uphold the Constitution and then votes to inact something like the NDAA... What Constitution did they read that gave them the authority to pass the anit Constitutional NDAA in the first place??
Nov 30th, 2012
Emily O. from Dallas, TX signed.
Nov 30th, 2012
Richard C. from Bountiful, UT signed.
Nov 30th, 2012
Howard G. from Vallejo, CA signed.
Nov 30th, 2012
MARY H. from Delaplane, VA signed.
Nov 30th, 2012
Judy S. from Lancaster, OH signed.