Miller: Congress Must Provide Clear and Direct Authority to Detain Terrorist as Enemy Combatants within Our Borders

Harrison Township, MI - U.S. Representative Candice Miller (MI-10), a member of the House Homeland Security Committee, today announced she will be introducing legislation to clarify federal law giving the President the authority to treat all terrorists as enemy combatants. This legislation will give the United States the essential tools we need to deal with terrorists who commit acts within our borders.

“Since the Christmas Day terrorist attack, I have been calling on the President and his Administration to treat Umar Farouk Abdulmutallab as an enemy combatant,” Miller said. “Abdulmutallab actions were a terrorist act and not a criminal act. He committed an act of war. Instead of being treated as a common criminal, this individual should have been given over to the military so they could have interrogated him with the most aggressive interrogation methods this Administration would condone. As well they could have gathered as much information as possible and tried this individual in a military tribunal. Valuable time and information has been lost.”

“I believe the President has the authority to treat terrorists as enemy combatants and hand them over to the military. This legislation will clarify without a doubt that authority and will give our country the essential tools we need to deal with terrorists who commit acts within our borders,” said Miller. “Terrorist caught on U.S. soil should be designated as an enemy combatant, regardless of citizenship. I believe Congress needs to make sure President Obama and future presidents’ authority is clear and direct when authorizing the detention of these individuals.”

The President has the direct authority to detain enemy combatants captured on the battlefield as part of the necessary force authorized by Congress after the terrorist attacks of September 11, 2001. However, some have raised questions as to the authority of the President to detain terrorists captured in the United States as enemy combatants. The goal of this legislation is to clarify the President’s authority to detain terrorist captured in the U.S. as enemy combatants, so they can be tried before a military tribunal.

“We cannot use a 20th Century military framework to fight a 21st Century enemy that views the battle field asymmetrically. America must be one step ahead of terrorist that use airplanes and other non-conventional methods for terror attacks. For example, if the military captures a terrorist in Afghanistan, they do not send them back to the U.S. and afford them an attorney,” Miller said. “This recent attempted terrorist attack, this act of war against the United States, is further proof that terrorists are continuing their fight against our nation.

Miller also added, “It is my sincere hope that this incident will convince the President not to pursue his dangerous plan to close Guantanamo Bay and move the detainees to the U.S. On December 20th, six Yemeni detainees were transferred from GITMO back to Yemen for repatriation. Returning these individuals to Yemen represents a needless risk to the American people. This conflict is global in nature – we need to ensure that individuals who wish to cause harm and destruction within the U.S. are caught and held as enemy combatants, so they can be tried in a proper military commission.”

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