Earlier today I sent the following e-mail to Sen. Joe Lieberman (I-CT) regarding his recent proposed legislation, the Terrorist Expatriation Act:
According to legislative records, on May 6 you introduced into the Senate the Terrorist Expatriation Act, designated S. 3327 (corresponding bill H.R. 5237 introduced the same day in the House). It has been noted in several forums that this bill, if enacted into law, would give the government the ability to expatriate a citizen on charges already designated as Federal crimes without the benefit of first having those charges tried in a United States District Court and guilt determined by a jury.
Currently in the US code, namely 8 USC 1481(a)(7), a person can be expatriated on several offenses, but expatriation cannot occur unless and until the person is convicted of said offenses. Your proposed legislation would give the Executive Branch the ability to usurp a person’s right to a trial and expatriate said person without the benefit of having a trial to determine, beyond reasonable doubt, the guilt of the person according to the charges specified in the legislation.
Do you intend to amend your legislation to require a criminal conviction before expatriation can occur on the issues listed in your legislation? If that is not your intent, would you vote Nay if such an amendment were proposed? Why or why not on both questions.
If you feel I have misinterpreted what your legislation would require, feel free to clarify.
If I receive a response from the Senator or his office, I’ll post it.