U.S. Senator Menendez Response to my Letter on Section 1021 NDAA 2012

My letter:

H.R.3785 To repeal section 1021 of the National Defense Authorization Act for Fiscal Year 2012.

I am writing as your constituent in the 11th Congressional district of New Jersey. I support H.R.3785 – To repeal section 1021 of the National Defense Authorization Act for Fiscal Year 2012., and am tracking it using OpenCongress.org, the free public resource website for government transparency and accountability.

Section 1021 is – in my view – the most flagrant violation of the 4th. Amendment of the Constitution of the United States. I therefore ask you to support the repeal of this section of the NDAA.

Andrea Dealmagro

Senator Menendez’s response:

This letter was a reply from the office of Sen. Robert Menéndez [D, NJ] on February 09, 2012.

Dear Ms. Dealmagro:

Thank you for contacting me to express your support for repealing Section 1021 of the National Defense Reauthorization Act (NDAA). Your opinion is very important to me, and I appreciate the opportunity to respond to you on this critical issue. I share your concerns and I strongly believe that efforts to uphold safety cannot come at the expense of our basic civil rights.

During the debate on the NDAA, I voted for Senator Udall’s amendment which would have struck the detainee provisions and provided a timeline for review of the detention policies. I also voted in favor of Senator Feinstein’s amendment to the NDAA clarifying that the military does not have the authority to detain a U.S. citizen without trial until the end of
hostilities. I also voted for Senator Feinstein’s amendment in the NDAA limiting the presumption for mandatory military custody to terrorists captured outside the United States.

While there is no legislation to repeal Section 1021 in the Senate at this time, please be assured that I will keep your views in mind if such legislation is introduced. Again, thank you for sharing your thoughts with me. Please do not hesitate to contact me if I can be of further assistance.

U.S. Senator Menendez

All the amendments mentioned in S. Menendez’s second paragraph failed – to the best of my knowledge. H.R.3785, introduced by Congressman Ron Paul, has no equivalent in the Senate. The leadership of the House of Representatives has not scheduled it for a vote.

Congressman Frelinghuysen and Senator Lautenberg have not answered my letter.