CONCORD, N.H. (Feb. 28, 2013) – The New Hampshire Liberty Act passed unanimously out of the State-Federal Relations and Veterans Affairs Committee Thursday, with an amendment enhancing the penalty provisions.
HB399 would prohibit state cooperation with indefinite detention without due process under the National Defense Authorization Act.
The state of New Hampshire shall not provide material support or participate in any way with the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 within the boundaries of this state. The department of safety is hereby directed to report to the governor and the legislature any attempt by agencies or agents of the United States government to secure the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 through the operations of that or any other state department.
The final committee vote was 16-0
Rep. Dan Itse’s original bill provided for class A misdemeanor penalties on any state agent cooperating with indefinite detention. An amendment strengthened those penalties.
Any person who violates paragraph I shall be prosecuted to the fullest extent of current New Hampshire law related to the applicable crime.
That could include felony kidnapping charges.
An amendment also urges the New Hampshire attorney general to support action against detention provisions written into the NDAA.
The general court urges the attorney general to initiate or support any lawsuit challenging the constitutionality of the detainment provisions of the National Defense Authorization Act for Fiscal Year 2012.
The bill will now move on to the regular House calendar.
ACTION ITEMS for New Hampshire
1. Contact your state representative. Strongly, but respectfully urge him/her to vote YES on HB399. You can find legislator contact information HERE.
2. Encourage your local community to take action as well. Present the Liberty Preservation Act to your city county, your town council, or your county commissioners. Various local governments around the country are already passing similar resolutions and ordinances. Local legislative action present a great way to strengthen a statewide campaign against NDAA indefinite detention
Model legislation here:
3. Share this information widely. Please pass this along to your friends and family. Also share it with any and all grassroots groups you’re in contact with around the state. Please encourage them to email this information to their members and supporters.
BACKGROUND ARTICLES AND INFORMATION ON NDAA “INDEFINITE DETENTION”
Note: while some believe that the 2013 NDAA eliminated indefinite detention, it does not. Dianne Feinstein introduced a very weak amendment to 2013 – and it failed anyway. 2012 indefinite detention provisions remain in tact – and the Obama administration is aggressively defending them in court.
Also, a case about indefinite detention is still being heard in federal court. Last year, Federal Judge Katherine Forrest struck down these indefinite detention powers as unconstitutional. She issued a temporary court order blocking the use of these powers. That order was revoked by the appeals court and indefinite detention powers remain while the case is currently on appeal but not decided.
Additionally, when asked by Judge Forrest if the federal government was using indefinite detention in violation of her temporary order blocking it, Barack Obama’s attorneys refused to confirm, leaving the door open that the Feds were potentially using this power in secret, even in outright defiance of an order from the federal courts.
Because of all this, and more, New Hampshire stands on strong ground to reject a federal power which has already been struck down in federal court and is still pending appeal.
The New Hampshire General Court should pass HB399 with full confidence.