In a recent report on a new Michigan law that prohibits state cooperation with any attempts at indefinite detention by the military under the NDAA, I stated that the protections only extend to U.S. citizens. Upon further analysis, it appears the bill actually applies to attempts to indefinitely detain any person within Michigan’s borders.
As PANDA founder Dan Johnson pointed out, while the bill description asserts the act prohibits state cooperation “in the investigation, prosecution, or detainment of any citizen of the United States under certain circumstances,” the statutory language in the bill prohibits state agents from assisting “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…” [Emphasis added].
The United States Sentencing Commission has ruled multiple times that the language in descriptive sections of laws do not carry legal force. It is the statutory language that governs the extent of the law.
I am pleased the the new Michigan law recognizes the basic right of due process for all people, not just U.S. citizens.