On Monday, March 25th, HB2573 to nullify the “indefinite detention” provisions of the National Defense Authorization Act (NDAA) is up for a do-or-die hearing and possible vote in the State House Rules Committee.  The hearing will be at 1pm.

The bill, authored by Representative Seel and eight co-authors, already passed the usually tough Judiciary Committee by a 6-2 vote last month, and will need approval in Rules before going on to the full State House for debate and a vote.

The bill would ban any state cooperation with the so-called “indefinite detention” powers under NDAA.  As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here).

Due to the last-minute nature of this alert, we urge you to contact by PHONE rather than email.  You can call over the weekend as well – leave a message so they know your position first thing on Monday morning.

ACTION ITEMS:

1.  Call all the chairman of the House Rules Committee.  Thank him personally for scheduling a hearing on HB2573.  Politely encourage him to vote YES on HB2573 as well.

Bob Robson -(602) 926-5549

2..  Call all the other members of the House Rules Committee.  Strongly, but respectfully, urge each of them to vote YES on HB2573.  

Contact information here:
http://www.azleg.gov/CommitteeInfo.asp?Committee_ID=9&Legislature=51&Session_ID=110

BACKGROUND ARTICLES AND INFORMATION ON NDAA “INDEFINITE DETENTION”

NDAA: Open Season for the Police State

Scary Potential in Sections 1021 and 1022

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  That order was revoked by the appeals court and indefinite detention powers remain while the case is currently on appeal but not decided.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, Arizona stands on strong ground to reject a federal power which has already been struck down in federal court and is still pending appeal.

The Arizona House should pass HB2573 with full confidence.

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