Maine House passes anti-NDAA detention resolution

AUGUSTA, Maine (March 19, 2012) – The Maine legislature joined the fight against indefinite detention provisions without due process written into the National Defense Authorization Act this week.

On Monday, the Maine House adopted HP1396 on a voice vote, a resolution calling on the president and Congress to “amend the National Defense Authorization Act to clarify that any provisions contained within will not deprive United States citizens of the rights of due process.”

The resolution focuses on ambiguity in sections 1021 and 1022, which could allow for the indefinite detention of people in the United States.

The disagreements and uncertainty in interpretation of the law has raised significant concerns about due process for United States citizens; and the prospect of the indefinite detention of United States citizens violates, without due process of law, basic rights enshrined in the United States Constitution, such as the right to seek a writ of habeas corpus, the right to petition for a redress of grievances, the right to be free from unreasonable searches and seizures and the right to counsel.

Rep. Richard Cebra (R-Naples) sponsored the resolution, and a long list of representatives and senators signed on as cosponsors.

“Last year, I sponsored Maine’s Tenth Amendment Resolution in response to the constant federal trampling on our state’s rights on a number of fronts, he said. “The NDAA 2012 Resolution is in response to the federal government trampling on our individual rights in that law. I believe it is one of the state legislature’s functional, foundational pillars to constantly keep the federal government in check and to respond when her citizens’ constitutional rights are threatened. ”


Moffat County, CO Passes an Anti-NDAA Resolution

Resolution to Preserve Habeas Corpus and Civil Liberties passed in Moffat County, Colorado

The resolution reasserts that the county officials have sworn an oath to the Constitution of the United States and it is their responsibility to maintain their oath which they will oppose any rules, laws, regulations, bill language, executive orders from an overreaching Federal Government which would effectively take our civil liberties.

Also, the resolution specifically cites sections 1021 and 1022 of the National Defense Authorization Act as mandates the county will not comply with the Federal Government. A key section of the resolution follows:

BE IT RESOLVED, the board of County Commissioners of Moffat County, Colorado, is in opposition to sections 1021 and 1021 of the United States National Defense Authorization Act, and does hereby support the Colorado Constitution and the Constitution of the United States of America and all the freedoms and guarantees as guaranteed by our Founding Fathers and as provided by the brave members of the armed forces.


Rand Paul to Bob McDonnell: Sign HB1160 and Reject Indefinite Detention!

U.S. Sen. Rand Paul (R., KY.) has asked Gov. Bob McDonnell to sign Delegate Bob Marshall’s bill barring Virginia government agencies and employees from aiding in unlimited federal detention of United States citizens without criminal charges or court hearings. (original signed letter here)


Dear Governor McDonnell:

The Father of the Constitution and the architect of the Bill of Rights, Virginia’s own James Madison, would be proud of Virginia’s General Assembly for passing HB1160. This bill defends Virginians constitutional rights by prohibiting any agency, political subdivision, employee, or member of the military of Virginia from assisting in the arrest and detention of American citizens indefinitely, without charges, without legal counsel, and without a trial.

The legislation HB1160 addresses – the National Defense Authorization Act for Fiscal Year 2012 (NDAA) – greatly expands the power and scope of the federal government to fight the War on Terror by codifying into law the indefinite detention of terrorism suspects without trial. Under the NDAA, the President and the military are given the power to carry out domestic anti-terrorism operations on US soil and to detain even US citizens without trial.

Of particular concern is Section 1021, which authorizes the President to use “all necessary and appropriate force,” which “includes the authority for the Armed Forces of the United States to detain covered persons … pending disposition under the law of war.”

I find this to be especially worrisome given that we are engaged in a war that seems to have no end. The rights we give up now may never be restored. The NDAA attempts to repeal fundamental rights guaranteed by our Constitution, and flies in the face of bedrock principles of liberty that pre-date even the Magna Carta.