2013: Schweikert Voted Against Requiring The Government To Prove With Clear Evidence That A U.S. Citizen Picked Up Pursuant To The 2001 AUMF Is An Unprivileged Enemy Combatant In A Habeas Proceeding. In June 2013, Schweikert voted against an amendment that would have, according to Congressional Quarterly, "require[d] the government, in habeas proceedings for U.S. citizens apprehended in the United States pursuant to the 2001 use of force authorization, to prove by clear and convincing evidence that the citizen is an unprivileged enemy combatant and there is no presumption that the government's evidence is accurate and authentic." The underlying legislation was an FY 2014 defense authorization. The vote was on the amendment. The House adopted the amendment by a vote of 214 to 211. The House later passed the underlying legislation, but the final version that was signed into law did not include the policy. [House Vote 227, 6/13/13; Congressional Quarterly, 6/13/13; Congressional Record, 6/13/13; Congress.gov, H.R. 1960; Public Law, 113-66; Congressional Actions, H.R. 3304; Congressional Actions, H. Amdt. 150; Congressional Actions, H.R. 1960]
2013: Schweikert Voted Against Requiring That War On Terror Detainees Captured In U.S. Territory Be Tried In A Civilian Court. In June 2013, Schweikert voted against an amendment to the National Defense Authorization Act of FY2014 that would have, according to the House Committee on Rules, "eliminate[d] indefinite military detention of any person detained under [the 2001 Authorization for the Use of Military Force's (AUMF)] authority in the United States, territories or possessions by providing immediate transfer to trial and proceedings by a court established under Article III of the Constitution or by an appropriate state court." The amendment would also have prohibited the transfer of such a person to military custody. The amendment failed by a vote of 200 to 226. [House Vote 228, 6/13/13; House Report 113-108, 6/13/13; Congressional Actions, H. Amdt. 152; Congressional Actions, H.R. 1960]
2011: Congress Affirmed Presidential Authority To Indefinitely Detain War On Terror Combatants. In the National Defense Authorization Act for FY2012, Congress affirmed that the President had the authority to detain anyone connected to the September 11, 2001 terrorist attacks or was part of or "substantially supported" Al Qaeda, Taliban or associated forces. Congress further affirmed that the president had the authority to, among other things, detain those captured under that authority indefinitely. [Public Law 112-81, 12/31/11]
NY Times: Provision "Controversial" Because Vague, Silent On Application To U.S. Citizens Or Those Captured In U.S. According to the New York Times, "Enactment of the statute was controversial, in part, because it did not lay out what conduct could lead to someone's being detained, and because it was silent about whether it extended to American citizens and others arrested on United States soil." [New York Times, 6/7/12]
2014: Schweikert Voted Against Prohibiting The U.S. Military From Holding Any Person Captured In The United States Indefinitely Under The 2001 Post-September 11 Authorization To Use Military Force (AUMF). In May 2014, Schweikert voted against an amendment to the FY 2015 National Defense Authorization bill that, according to Congressional Quarterly, "would [have] prohibit[ed] the indefinite military detention of any person detained under the [2001] Authorization for Use of Military Force authority in the United States, its territories or possessions. It also would [have] str[uc]k[] language [in the underlying bill] that would provide for mandatory military custody of covered parties." According to the summary of the amendment in the House Rules Committee's report on the rule for the bill, the amendment would have effectuated its prohibition on indefinite military detention "by providing for immediate transfer to trial and proceedings by a court established under Article III of the U.S. Constitution or by an appropriate state court." The House rejected the amendment by a vote of 191 to 230. [House Vote 234, 5/22/14; Congressional Quarterly, 5/22/14; House Report 113-460, 5/21/14; Congressional Actions, H. Amdt. 676; Congressional Actions, H.R. 4435]
2014: Schweikert Voted To Continue To Require That Certain Members Of Al Qaeda Or Its Allies -- Excluding U.S. Citizens -- Be Held By The U.S. Military Pending Transfer Or Trial. In May 2014, Schweikert voted against an amendment to the FY 2015 National Defense Authorization bill that, according to Congressional Quarterly, "would [have] prohibit[ed] the indefinite military detention of any person detained under the [2001] Authorization for Use of Military Force authority in the United States, its territories or possessions. It also would [have] str[uc]k[] language [in the underlying bill] that would provide for mandatory military custody of covered parties." According to the summary of the amendment in the House Rules Committee's report on the rule for the bill, the amendment would have effectuated its prohibition on indefinite military detention "by providing for immediate transfer to trial and proceedings by a court established under Article III of the U.S. Constitution or by an appropriate state court." The House rejected the amendment by a vote of 191 to 230. [House Vote 234, 5/22/14; Congressional Quarterly, 5/22/14; House Report 113-460, 5/21/14; Congressional Actions, H. Amdt. 676; Congressional Actions, H.R. 4435]
2013: Schweikert Voted Against Repealing Requirement That War On Terror Detainees Who Are Not U.S. Citizens Be Held By The Military. In June 2013, Schweikert voted against an amendment to the National Defense Authorization Act of FY2014 that would have repealed a requirement enacted in 2011 that any alleged Al Qaeda, Taliban or supporting group members detained under the 2001 Authorization to Use Military Force be held in military custody. The requirement did not apply to detainees who are U.S. citizens. The amendment failed by a vote of 200 to 226. [House Vote 228, 6/13/13; House Report 113-108, 6/13/13; Congressional Actions, H. Amdt. 152; Congressional Actions, H.R. 1960]