Indiana SB 400, The Liberty Preservation Act to nullify NDAA Indefinite detention, has passed the State Senate and has been referred to the House Committee on Courts and Criminal Code. It will require a hearing and vote in that committee before the full State house can consider it for concurrence.
Please take the following steps to help move SB400 forward!
1. Contact the committee Chair. Representative McMillin is the House Sponsor for SB400. Please thank him for supporting the bill and ask him that to schedule a hearing for SB400 soon.
2. Contact other members on the committee. Strongly, but respectfully, ask each of them to vote YES on SB400 when it comes up for a vote in the committee.
800-382-9842 for all of these members. Email forms can be found through the links below.
3. 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:
4. Get connected to what is happening in your state on Facebook. Join the Indiana Nullify NDAA group on facebook here: https://www.facebook.com/groups/nullifyndaaindiana/
5. 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.
Indiana Senate Bill 400 would ban compliance with significant portions of the 2012 NDAA which purport to authorize “indefinite detention”. It reads:
A state actor may not aid in the investigation, prosecution, or detention of any person lawfully in Indiana under a state or federal law that the state actor knows or reasonably should know deprives a person of life, liberty, or property without a fair proceeding in violation of the Due Process Clause of the United States Constitution or the Due Course of Law Clause of the Constitution of the State of Indiana.
A state actor may not investigate, prosecute, or detain any person lawfully in Indiana under a state or federal law that the state actor knows or reasonably should know deprives a person of life, liberty, or property without a fair proceeding in violation of the Due Process Clause of the United States Constitution or the Due Course of Law Clause of the Constitution of the State of Indiana.
This would make a HUGE dent in any effort to further restrict due process – and would be a big step forward for Indiana. As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here)
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, Indiana stands on strong ground to reject a federal power which has already been struck down in federal court and is still pending appeal.
The Indiana House should pass SB400 with full confidence.
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