LANSING, Mich. (April 19, 2013) – A bill seeking to nullify indefinite detention under the National Defense Authorization Act by blocking state cooperation unanimously passed the Michigan House Thursday.
HB4138 essentially takes Michigan out of the indefinite detention business.
No agency of this state, no political subdivision of this state, no employee of an agency of this state or a political subdivision of this state acting in his or her official capacity, and no member of the Michigan national guard on active state service shall aid an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to section 1021 of the national defense authorization act for fiscal year 2012″
Since indefinite detention without due process violates the Fourth Amendment, this bill would effectively prohibit any state cooperation with federal kidnapping and represents a huge step toward protecting due process in the Great Lake State. This would make a big dent in any effort to further restrict due process – and would be a big step forward for Michigan. As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here)
HB4138 passed 109-0.
“I’m not too surprised by the unanimous vote,” bill sponsor Rep. Tom McMillin said. “I mean, who’s going to vote against due process? Who would vote against liberty?”
Michigan has a history of refusing cooperation with federal acts violating basic due process rights. The Michigan legislature passed a personal liberty law in 1855 refusing compliance with the Fugitive Slave Act of 1850. The Michigan Personal Freedom Act guaranteed any man or woman claimed as a fugitive slave, “all the benefits of the writ of habeas corpus and of trial by jury.” It also prohibited the use of state or local jails for holding an accused fugitive slave, and made it a crime punishable by a fine of $500 to $1,000. Finally, it made any attempt to send a freedman South into slavery a crime.
Northern personal liberty laws were so effective, South Carolina listed northern state nullification of the Fugitive Slave Act in its Declaration of Causes when it seceded. As Judge Andrew Napolitano said recently, widespread noncompliance can make a federal law “nearly impossible to enforce.” (Video here)
HB4138 will now go to the Senate for approval. The upper chamber already unanimously passed an identical Senate bill 34-0.
1. Contact your state senator. If you live in Michigan, contact your senator and trongly but respectfully, urge him or her to vote YES on HB4138 and oppose federally sanctioned kidnapping in Michigan. You can find senate 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. Get connected to what is happening in your state on Facebook. Like and get active on the Michigan Tenth Amendment Center page. Also join the Nullify NDAA group on Facebook HERE.
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.
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, Michigan stands on strong ground to reject a federal power which has already been struck down in federal court and is still pending appeal.