A bill that would prohibit any state agency in Michigan from cooperating with the U.S. military if it attempts to indefinitely detain a U.S. citizen without due process passed both houses of the legislature this week and will now go on to the governor’s desk.Details
Ohio Representatives Jim Butler and Ron Young introduced HB354 on November 19, 2013. This bill specifically prevents state and local law enforcement officials in Ohio from assisting the federal government in any investigation, prosecution, or detention of any person in Ohio that would result in that person’s loss of the right of due process.Details
Bill Sage didn’t expect to become a leader in a fight against unconstitutional indefinite detention written into the National Defense Authorization Act.
But he did.
Like most local elected representatives, Sage took an oath to uphold the Constitution of the United States when he was sworn in as County Supervisor in Allegan County, Michigan, Feb. 14, 2011.
Would Sage uphold his sworn constitutional oath?
Indeed he would.Details
Just days after Albany, New York passed a resolution as a statement of intent against indefinite detention, the Town of Oxford, Massachusetts followed up with another.
Under Massachusetts home rule law, a local community organized as a town preserves the open town meeting or the representative town meeting as their governing body rather than by the vote of an elected body like a town council. On Wednesday, by popular vote, the People of Oxford approved – nearly unanimously – a strong resolution primarily drafted by People Against the National Defense Authorization Act (P.A.N.D.A).
NO LEGAL EFFECT
Like the one passed in Albany, the resolution in Oxford is not legally-binding – it is a mere statement of opinion and intent. It holds no force of law over the activities of town employees, or anyone else for that matter. But, it is a strong first step towards resisting and eventually nullifying indefinite detention (and other) unconstitutional federal powers within the Town, and the state of Massachusetts. As noted in our report on the Albany resolution, a non-binding resolution – with no force of law – is an important step because it follows James Madison’s blueprint to resist federal acts within the states. There are 4 steps which James Madison advised for us to take to stop federal powers, and such a resolution is an important piece of that puzzle. (learn more below)Details
Albany resolution against NDAA indefinite detention is a great first step, even though it does not ban indefinite detention as one organization has claimed.Details
Now that the dust has settled a bit after Jerry Brown signed AB351 into law, it’s important to ask, what’s next?
If you thought the work was done and California would be “indefinite-detention” free, you thought wrong. The passage of the California Liberty Preservation Act was an important first step towards the nullification of federal indefinite detention practices in the state, but not the last one.
This advice from Samuel Adams probably sums it up best:
“Instead of sitting down satisfied with the efforts we have already made, which is the wish of our enemies, the necessity of the times, more than ever, calls for our utmost circumspection, deliberation, fortitude, and perseverance.”
The enemies of liberty will not rest, and neither can we.
CALIFORNIA LIBERTY PRESERVATION ACT
AB351 now makes it “state policy” to reject “indefinite detention” powers from the federal government. It reads, in part:Details
As reported by Nick Hankoff at the California Tenth Amendment Center today, AB351, the California Liberty Preservation Act has been signed into law by Governor Jerry Brown:
Assembly Bill 351, commonly called the California Liberty Preservation Act, has been signed into law by Governor Jerry Brown making it statewide policy to refuse compliance with federal attempts to enforce “indefinite detention” made famous by the National Defense Authorization Act of 2012 (NDAA). What began as a marginal issue with little legislative support has unified Californians of all persuasions and brought attention to the proper role the people and their states play in a constitutional republic.
AB351 now makes it state policy to reject “indefinite detention” powers from the federal government. It reads, in part:
It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of any federal law that purports to authorize indefinite detention of a person within California. [emphasis added]
This language of AB351 goes far beyond what has been considered in most other states, which focus solely on indefinite detention powers under the 2012 National Defense Authorization Act (NDAA), and nothing else. Donnelly’s legislation broadened the scope by recognizing that indefinite detention should not be complied with no matter what federal law is used to justify it. Donnelly confirmed this broad scope, “AB351 will prevent California from implementing indefinite detention for any reason.”
This can make a HUGE dent in any federal effort to detain without due process in California. As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here). Quite simply, the federal government is going to have an extremely difficult time – at best – carrying out indefinite detention in California without the assistance of California.Details
Earlier this week, Klamath County, Oregon, took the first step toward nullifying indefinite detention.
Congress codified indefinite detention into law in sections 1021 and 1022 of the 2012 National Defense Authorization Act. Despite assurances from administration officials and members of Congress that it applies “only to the terrorists,” a federal judge ruled it unconstitutional because of broad language that could apply to pretty much anybody. And the Obama administration has fought hard to overturn that ruling. (Read more about indefinite detention HERE and HERE.)
The Klamath County Board of Commissioners passed a resolution condemning indefinite detention under not only the NDAA, but also under “an authorization for use of military force or any similar law or authority claimed by Congress or the Office of the President,” calling it “unconstitutional and therefore unlawful.” The resolution also calls on the Oregon legislature to interpose on behalf of the citizens.
Klamath County requests the Oregon State Legislature recognize the duty of the state of Oregon to interpose itself between unconstitutional usurpations by the federal government or its agents and the people of this state, as well as the duty to defend the unalienable natural rights of the people, all of which is consistent with out oaths to defend the Constitution of the United States and the constitution of Oregon against all enemies, foreign and domestic.
Klamath County joins Coos County in condemning federal kidnapping and calling on Salem to act against it. These Oregon counties join a chorus of local governments across the U.S. opposing indefinite detention.Details
When we talk about NSA spying or indefinite detention under the NDAA, many Americans simply shrug. When we point out the potential for evil in allowing the U.S. government to exercise these kinds of powers, they wave off our warnings as unfounded. “That could never happen here,” the confidently assure us. But it has. Too…Details
Critical California Action Alert: Call Governor Brown, Pass AB 351 to Help Stop “Indefinite Detention”
California’s Liberty Preservation Act, Assembly Bill 351, sets out a statewide policy of non-compliance with any “indefinite detention” efforts by the federal government, regardless of what “law” codifies such authority.
AB 351 passed the Assembly 71-1 and then the State Senate approved the measure unanimously.
Now it’s time Californians call Gov. Jerry Brown and demand he protect civil rights, due process and Habeas Corpus by signing off on AB 351, making it the law of the land in the Golden State. It is imperative that the grassroots not give up their role yet, since it is highly likely Governor Brown is receiving advice to exercise his veto power.
ACTION STEPS for California Residents:
1. Call Governor Jerry Brown. California residents are strongly encouraged to call Governor Jerry Brown immediately to request final passage of AB 351.
***Call Jerry Brown’s office: (916) 445-2841
Secondary means of contacting the Governor:
Fax (916) 558-3160
Email him via his website.
Tweet @JerryBrownGov using hashtag #AB351