Montana HB522, The Liberty Preservation Act to nullify NDAA indefinite detention, has passed the House 98-0 and the Senate Judiciary Committeee 12-0. It now goes to the full Senate for concurrence. Your action is needed right now to help move this important bill forward!
This bill needs to get to the Governor’s desk, but must first pass the Senate. HB522 may seem on the fast track, but the Senate has often voted down bills that passed unanimously in the House. Your help is needed right now to make sure your Senator knows what to do.
1. Call your State Senator. Strongly, but respectfully, urge them to vote YES on HB522
Contact info 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. Get active on Facebook. Join the Nullify NDAA group for Montana and get involved with others around the state to stop indefinite detention.
4. 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.
Montana House Bill 522 Would ban compliance or enforcement NDAA “indefinite detention”. It reads:
The state of Montana may not provide material support or participate with the implementation of sections 1021 and 1022 of the federal National Defense Authorization Act for Fiscal Year 2012, Public Law 112-81, within the boundaries of this state.
This would make a HUGE dent in any effort to further restrict due process – and would be a big step forward for Montana.
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, Montana stands on strong ground to reject a federal power which has already been struck down in federal court and is still pending appeal.
The Montana Senate should pass HB522 with full confidence.