Faisal Shahzad Arrest: Lieberman Proposes Taking Away Citizenship Of Suspected Terrorists

In arguing against the reading of Miranda rights to terrorism suspects or affording them other constitutional protections, opponents of civil liberties run up against a powerful argument when dealing with American citizens.

Joe Lieberman has a creative solution: Take away their citizenship. "If you've joined an enemy of the United States in attacking the United States and trying to kill Americans, I think you should sacrifice your rights of citizenship," Lieberman, an independent from Connecticut, told reporters Tuesday.

Lieberman argued that if an act of terrorism was coordinated with a group designated as a terrorist organization, then an American involved with such a group would lose citizenship and the constitutional protections that come with it. "It just seems to me if you're attacking your fellow Americans in an act of war, you lose the rights that come with citizenship," he said.

Lieberman said that the revocation of citizenship would not be automatic and there would be a right to go to court and to appeal the decision.

Since the arrest of Faisal Shahzad, a suspect in the attempted Times Square bombing, some Republicans have been arguing that, despite his status as a citizen, he should not be read Miranda rights.

UPDATE: Via Sam Stein: Sen. John Cornyn (R-Texas), the head of of the GOP's Senate campaign arm, is open to Lieberman's idea. "I'm interested in Senator Lieberman's approach. He is one of our leading members when it comes to national security issues and I would be interested in exploring that. I think at some point an act of war is a treasonous act, which could be a basis for relinquishing one's citizenship," he said.

Lieberman's bill would amend current law that revokes the citizenship of any American who joins a foreign military. The law exempts those who fight for Israel.

Comments

[Sid Saba]

12:33 PM on 05/13/2010

Let's strip Lieberman's citizenship and send him back to Israel and see how he likes that..
Also, where does he draw the line in determining who is or isn't a terrorist?
Can a blogger or Journalist potentially be labeled as terrorist?
I can foresee his next move, to strip Iranian US citizens' citizenship if Israel goes to war with Iran.

[mooklyn]

12:31 PM on 05/07/2010

Let's say we arrest and convict a US citizen who kidnaps little girls, keeps them as sex slaves, than eats the babies they have when they get older. If THAT guy gets to keep his citizenship under law, how could we make an exception for terrorists? Rights only exist if they apply to the worst people under the most heinous circumstances. Otherwise, they useless words on a piece of paper. When did America become a bunch of wimps ruled by fear?

[seafarer00]

12:26 PM on 05/06/2010

I find it interesting that we forget about US Code § 1481. Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions.

(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.

Should Mr. Shahzad be convicted of treason then he could loose his US citizenship.

[mooklyn]

11:56 AM on 05/07/2010

That is why this talk is so scary. Charging someone of treason under existing law requires a constitutional arrest and trial in the first place. There is also a high burden of proof of intent. Maybe Shazad just hates tourists and Broadway Musicals? Joe wants to remove the substantive difference between expressing violent anger against the government and genuinely attempting to overthrow it. For sure, these are criminals of the worst kind, but our justice system is equipped to handle them just fine, with out sacrificing rights.

I am concerned that Joe and his ilk are building a slippery slope here, whereby if someone actively resists a government agency or is accused or assaulting its agents, they will be treated as an enemy combatant. If we go for this, Americans are the biggest bunch if suckers and cowards ever to lead the world.

[Strepsi]

11:21 AM on 05/06/2010

Gotta hand it to you Americans.... fighting to bring 'peace', stripping rights to bring 'freedom'. Orwell would be proud. You've already broken the Geneva convention and many international laws and treaties. Not to mention the more recent propensity for Americans to advocate removing rights from your OWN citizenry...

Question for Lieberman: once you do all this, and remove all your inalienable rights, exactly WHAT are you fighting FOR any more?

[Rhiana]

08:33 AM on 05/06/2010

The 5th and 6th amendments are not rights granted to citizens. They are rights granted to all persons. There are portions of the constitution that are reserved for citizens. These are not. Stripping citizenship wouldn't change anything.

I am really tired of politicians and the media ignoring this and acting as though citizenship status is relevant. It is.

Is he a person? yes. Then he has the rights provided under the 5th and 6th amendment.

[SchmataHari]

01:04 AM on 05/06/2010

The part he left off his argument is that once this terrorist is stripped of his citizenship, he could be treated like Gitmo detainees (or worse). BUT This Faisal guy is singing like a canary without the "enhanced" techniques of the previous administration. The intel we're getting from him is probably better and faster than Bush/Cheney tactics of yore. Lieberman is hot air, period.

[FreddieVee]

11:41 PM on 05/05/2010

Do they strip away US Citizenship before being convicted of terrorism or after being tried and convicted (while still having the Constitutional protection of being an American)?

FreddieVee

[PFL1982]

11:17 PM on 05/05/2010

why does Joe Lieberman hate America? Or, more specifically, the 14th Amendment of the US Constitution.

[Sid Saba]

12:36 PM on 05/13/2010

Cause he works for IDF..

[martin2]

09:02 PM on 05/05/2010

Lieberman for some strange reason used to be called " The conscience of the US Senate"
He is plugging for a new name What should we call him?

[DoinMyHomework]

06:58 PM on 05/05/2010

how about we take away the right of suspected terrorists to buy guns and explosives in the US? and require paperwork at gun shows? oh dear, that might ruffle the feathers of the NRA? whose side are they on anyway?

[Flying Sparkz1]

06:35 PM on 05/05/2010

en.wikipedia.org/wiki/Afroyim_v._Rusk
Before 1967 there were several activities which could result in loss of citizenship.This decision affirms that the US government does not have the right to strip it's citizens born or naturalized of their citizenship. Citizens do have the right to revoke it voluntarily.

[myaa]

01:30 PM on 05/05/2010

Does this mean that he is in favor of taking away citizenships of all militia group members, who have been 'suspected' of being involved in shooting at policy officers, bombing of clinics, shooting of doctors etc. After all they are 'suspected' of being terrorists (using terror to achieve aims).

[Nutcase]

01:04 PM on 05/05/2010

When someone deserts the Democratic Party to support the Republican Party, shouldn't their chairmanship be taken away?

[FreddieVee]

12:36 PM on 05/05/2010

That's no problem. Just circulate an e-mail that "Liberal Senator Joe Lieberman" is trying to pass a law that would give the Obama administration the right to strip the American Citizenship from any Militia Group member that advocate tax evasion, or any Militia Group member that advocate self-defense against the centralized government's tyranny, or any TEA Party Member that carries signs claiming (or insinuating that) Obama is a Nazi, Socialist, Communist and/or Fascist, or who makes any kind of derogatory remarks about Obama or his policies, and anyone who watches FOX News and/or disseminates any opinions expressed by FOX or any other Rupert Murdoch company.

FreddieVee

PS: Pass this on.

[ClintBMD]

12:00 PM on 05/05/2010

So Joe wants to strip the citizenship and rights of people suspected of wrongdoing? Isn't he Jewish???? Am I the only one who sees the IRONY of this???? Perhaps Joe would also like to see us tattoo the prison numbers on those whose citizenship has been stripped, so as to better track them?

Joe, your expiration date has come and gone. Time to take you off the shelf.