Press Releases

FOR IMMEDIATE RELEASE: December 13, 2011

CONTACT:  Apryl Marie Fogel, aprylmarie.fogel@mail.house.gov

                                               Rep. Gosar: “U.S. National Security and Constitutional Civil Rights are not Mutually Exclusive”

U.S. Congressman Paul Gosar, D.D.S. (AZ-01) released the following statement after opposing the Conference Report of H.R. 1540 - the National Defense Authorization Act (NDAA) of 2012:

“As the Representative of Arizona’s First Congressional District, I swore an oath to “support and defend the Constitution of the United States.”  Today, I voted against H.R. 1540, the National Defense Authorization Act of 2012 because I firmly believe federal government’s constitutional duty to provide for the common defense is not mutually exclusive to upholding civil rights granted to American citizens via the U.S. Bill of Rights.

Under Article I, Section 8 of the United States Constitution, the defense of the American people is one of the federal government’s the primary constitutional functions.  The national security of the United States is of utmost importance to me; however this vital work should not be done at the expense of the civil rights of American citizens. 

Prior to today’s vote I, alongside members of Congress from both political parties, expressed grave concerns about provisions included in the Senate version of the bill that would strip the rights of due process for American citizens.  We were not alone in these concerns.  I’ve heard from hundreds of my constituents who wrote and called to express their fears about the constitutionality of this particular language.  All of our fears fell on deaf ears and the language was included in the final conference report of the bill. 

Make no mistake; I firmly believe the annual National Defense Authorization legislation is important to the federal government’s responsibility to provide for the common defense of the American people. I would have voted for this bill if these provisions were not included.” 

Section 1021 of H.R. 1540 authorizes the President to detain persons who “substantially supported” forces “associated” with al-Qaeda or the Taliban that “are engaged in hostilities” against the U.S. or its “coalition partners.  The language does not distinguish between American citizens and non-citizens, or between persons caught domestically and abroad.  This language could be interpreted to suggest that American citizens—if determined to be actors against the state—could be detained indefinitely and would not be afforded the same rights as an American that had committed any other crime.  The U.S. Constitution does not permit the federal government to detain American citizens indefinitely without charge or trial. 

###