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Lindsay Graham and Joe Lieberman Want to De-americanize Terrorism Suspects

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I think it’s getting down to this question: is our constitution a ball of silly putty or is it a meaningful, enduring document with certain timeless qualities which can’t be capriciously bent willy nilly? Senators Joe Lieberman and Lindsay Graham are now in effect calling to De-americanize terrorism suspects:

Shortly after the media broke the news that authorities had arrested Faisal Shahzad as a suspect in the May 1 Times Square bombing attempt, conservative lawmakers began complaining that even though he’s an American citizen, authorities should deprive him of his Miranda rights. Sen. John McCain (R-AZ) said that Mirandizing Shahzad would be “a serious mistake,” and Rep. Peter King (R-NY) said, “Did they Mirandize him? I know he’s an American citizen but still.” Sen. Joseph Lieberman (I-CT) suggested that Congress should perhaps create a process to strip “American citizens who choose to become affiliated with foreign terrorists” of their citizenship.

In today’s Senate Homeland Security and Governmental Affairs Committee hearing on “Terrorists and Guns,” and Sen. Lindsey Graham (R-SC) said he wholeheartedly agreed with his colleagues and wanted to write legislation that would allow authorities to deprive them of their rights.

  • This idea would have all kinds of legal and constitutional complications.
  • Thoughtful Republicans will oppose it.
  • It will likely be embraced by some Republicans who can see it as a hot button issue. If the Democrats and Obama administration oppose it, they will argue or suggest, then they’re not tough enough to deal with the threat of terrorism. This is a perfect issue to pick up and run with heading into 2010 that could reap dividends with the party’s base.
  • This idea reeks of something that could be abused by a future administration — of EITHER party. We’ve already seen how people will jump through hoops on legal and political questions to do something that’s in their self interest or to enhance the real power of their side.
  • My bet (and I could be wrong): John McCain will support it.
  • It’ll be a big topic on talk shows.

    • NOTE: An earlier version of this post said “Unamericanize” but the word was changed since it has a different connotation.

    UPDATE: It looked like this plan was going to get a high profile Democrat’s support — but New York Senator Chuck Schmuer has now bailed:

    A key US Senator who indicated tentative, early support for stripping US nationals tied to overseas terrorist groups of their citizenship now firmly opposes the plan, his office said Wednesday.

    Democratic Senator Chuck Schumer had said Tuesday that he had not reviewed the controversial proposal from Independent Senator Joe Lieberman but “that sounds like something I’d support.”

    “Having learned about the proposal, the senator believes it would be found unconstitutional and would also be ineffective in this context,” Schumer spokesman Brian Fallon said in a statement.