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?”Details