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... supports Professor William Snyder's sections of National Security Law, Counterterrorism Law, and Prosecuting Terrorists at the Syracuse University College of Law.

Senate Approves Requiring Military Custody in Terror Cases – NY Times

On November 29, 2011, the New York Times reported that the U.S. Senate voted 61 to 37 to pass a defense appropriations bill without omitting a controversial provision that would "increase the role of the military in imprisoning suspected members of Al Qaeda and its allies…"

According to the article, the highly contested provision requires "the government to place into military custody any suspected member of Al Qaeda or one of its allies connected to a plot against the United States or its allies."  The New York Times further reported that while the provision does not apply to U.S. citizens, any foreigners arrested on U.S. soil will be detained by the military.

In voting for the provision, the article notes that the Senate defied President Obama's threat of veto.  According to the article, the Obama Administration has long opposed the provision, stating that it "would raise serious and unsettled legal questions and would be inconsistent with the fundamental American principle that our military does not patrol our streets."

Defending his vote, the New York Times quoted Senator Lindsey Graham [R-SC] who stated "I don't believe fighting Al Qaeda is a law enforcement function.  I believe our military should be deeply involved in fighting these guys at home or abroad."

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