Unfortunately, the Feinstein amendment [to the National Defense Authorization Act for FY 2013 (S. 3254)] fails to address a central concern raised in the public debates: the specter of the military being used to police our streets and detain individuals on U.S. soil. The bill also unintentionally reinforces the false and discriminatory notion that due process protections are only afforded to some – not all – persons within the United States.
Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Defendant David Newland.
Argument: Exceptions to statutes of limitations should be narrowly construed. The Wartime Suspension of Limitations Act (WSLA) should only apply to war frauds. The WSLA should only apply to pecuniary frauds. Fairness further requires narrow construction of WSLA. Strict construction of the 2008 act is needed because modern authorizations of the use of military force would otherwise allow an unintended indefinite suspension of statutes of limitations. Application of the WSLA would render the defense of withdrawal from a conspiracy a nullity.