Here is the letter response from Rep. Jolly in regards to indefinite detention in the NDAA:
Thank you for expressing your concerns about indefinite detention of American citizens or resident aliens accused of crimes of terrorism against the American people.
As you may know, I have consistently stated that the fundamental issue related to detention of those who wish to cause harm to our nation is one of due process.
I have asked those in our community to hold me accountable, and I believe I have honored my word on this issue. We must ensure that each and every American, regardless
of the charges against them, is afforded the due process provided by our constitution, and my votes reflect that. This is non-negotiable. We agree.
Regarding your specific concerns about federal legislation, there seems to be a misunderstanding on the National Defense Authorization Act (NDAA) as it relates to the
indefinite detention of American citizens. The Fifth Amendment of the Constitution clearly forbids indefinite detention of American citizens, lawful resident aliens or any other person captured or arrested in the United States without Due Process. The NDAA
reaffirms this law, and I agree. You have my word that I will work to ensure this fundamental principle remains intact.
The NDAA bills also address the detention of foreign terrorists held in Guantanamo Bay, Cuba, as a result of the terrorist attacks on September 11, 2001. The 2001 Authorization
of Use of Military Force (AUMF) law addresses wartime detention policy, serving as the primary legal authority for U.S. operations against Al Qaeda and associated combatants. The NDAA simply extends the existing AUMF prohibition on releasing detainees from
Guantanamo Bay into the United States.
Some confusion centers on the Smith/Brown amendment that would have eliminated indefinite detention of any person detained under AUMF authority and called for their immediate
transfer to trial by a court. This would not have affected law pertaining to any American. This amendment, were it passed, would have mandated the release of terrorists held for wartime crimes at Guantanamo Bay. It is my belief that foreign wartime criminals
should be treated as such and that is why I voted against this amendment.
Thank you again for taking the time to contact me and I hope you continue to do so. It is my hope that you will keep me apprised of your interest in legislative issues
important to you. Lastly, please visit my website located at www.jolly.house.gov
and consider signing up for my weekly e-newsletter, which provides updates on issues in Congress.