* Senate Bill (McCain, Lieberman sponsors), “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010”
See attached. In brief, this bill would require at least some period of military detention and un-mirandized interrogation by a HIG-type group of interrogation specialists for persons who are suspected of engaging in hostilities against the United States or coalition partners through unlawful means, or who support such hostilities. The bill also provides for the availability of non-criminal detention for such persons (for the duration of hostilities), and prohibits spending DOJ funds for civilian criminal trials of them.
ARM10090.pdf
By Robert M. Chesney
Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.
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