New Hampshire HB399, The Liberty Preservation Act to nullify NDAA “indefinite detention” is up for an important hearing and possible vote on Tuesday!   It previously passed the House with a vote of 337-15 and is currently in the Senate Judiciary Committee.

Your action is needed right now to help move this important bill forward!

When making the following calls, you can call in the evenings and over the weekend as well.  If you reach their voicemail, leave a message so their offices know first thing the next business morning that a large number of people support HB399. In your voicemail, make sure to ask that they call you back so that you can speak to the legislator or staff directly.

ACTION ITEMS for New Hampshire

1. Contact the Committee Chair. Thank her for scheduling this hearing.  And politely encourage her to vote YES on HB399.

Sharon Carson (603) 271-1403 sharon.carson@leg.state.nh.us

2. Contact the rest of the members of the Senate Judiciary Committee.  Strongly, but respectfully tell each of the committee members that you want a YES vote on HB399.

Bette Lasky (603) 271-4151 bette.lasky@leg.state.nh.us
David Boutin (603) 271-3092 david.boutin@leg.state.nh.us
Sam Catado (603) 271-4063 casac@worldpath.net
Donna Soucy (603) 271-4151 donna.soucy@leg.state.nh.us

3.  Attend the public hearing on Tuesday.  This bill will be heard on April 16th at 9:00am in room SH100. Please show your support by attending this public hearing and calling committee members to vote for HB399. With your support the bill has a far greater chance of moving forward.

4.  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: http://tenthamendmentcenter.com/ndaa

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.

BILL INFORMATION

New Hampshire House Bill 399 would ban compliance or enforcement NDAA “indefinite detention”.   It reads:

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.

This would make a HUGE dent in any effort to further restrict due process – and would be a big step forward for New Hampshire. As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here)

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, 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 State Senate should pass HB399 with full confidence.

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