New California Law Rejects NDAA Indefinite Detention

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.

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Oregon County Takes First Step Toward Nullifying Indefinite Detention

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.

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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

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CA-AB351-Senate

California Senate Votes to Reject NDAA “Indefinite Detention.” 37-0

SACRAMENTO, Cal. (Sept. 3, 2013) – Today, the California State Senate voted to approve a bill that will help render toothless the federal “indefinite detention” powers under the National Defense Authorization Act (NDAA).  The bill, by Assemblymember Tim Donnelly, was previously passed by the state assembly by a vote of 71-1 (roll call here)

California residents are strongly encouraged to contact Governor Jerry Brown, urging him to sign AB351.  (contact info here)

If passed into law, AB351 would make 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 broadens 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 would 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.

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Pennsylvania Action Alert: Pass SB999, Help Stop “Indefinite Detention”

The NDAA of 2012 allows the Federal Government to detain U.S. citizens without due process rights right here in Pennsylvania.

Citizens suspected of a “crime” without a warrant, a judge, jury or trial.

Think of Guantanomo Bay right here.   They can lock you up and forget about you.

The Liberty Preservation Act SB999 will make it illegal for Pennsylvania to assist the Federal Government in detaining citizens under the NDAA.

Please ask your State Senator to uphold his or her oaths to the U.S. and Pennsylvania Constitutions and co-sponsor SB999.  Find your legislator here.

If you have already contacted your state senator and have not gotten a response, please follow up with another contact and politely ask for a response IN WRITING.

You can read more about the bill here:

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Georgia Action Alert: Time to Nullify Indefinite Detention Locally

Across America, we’ve seen a growing movement resisting federal indefinite detention at both the state and local level.  You have the power to introduce this grassroots uprising to the Peach State and protect your fellow Georgians from the specter of federal kidnapping.

You don’t have to sit around and wait for the state to take action. You can help stop indefinite detention, right now, today,  while simultaneously putting pressure on lawmakers in Atlanta  to do the right thing next fall.

While the Georgia legislature has failed to interpose so far,  government bodies at the local level can step into the fray. Counties and cities can refuse to assist any federal attempts at indefinite detention in their jurisdictions. These measures will not only provide  practical protections for their citizens, they will send a strong message to state capitals and put the pressure on to nullify federal kidnapping at the state level in the next legislative session.

It’s going to take work to ensure that this is how things play out.  Here’s what you can start doing right now.

1.  Contact your local legislators – County, City, Town - and urge them to introduce model legislation in support of the Liberty Preservation Act.

local ordinance here: http://tenthamendmentcenter.com/legislation/liberty-preservation-act/

2.  Become a local leader.   If you’re dedicated to stopping federally sanctioned kidnapping

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First Step to Nullify Indefinite Detention in Coos County, Oregon

Last week, Coos County, Ore., commissioners passed a resolution opposing indefinite detention provisions written into the National Defense Authorization Act.

WHEREAS it appears to the Board of Commissioners the subsections 1021 and 1022 of Title X, Subtitle D of the NDAA authorizes indefinite military detention of persons the U.S. government suspects of involvement with terrorism, including U.S. citizens on American soil;

NOW, THEREFORE, IT IS HEREBY RESOLVED that the board of commissioners oppose the above-described provisions of the NDAA.

The resolution also asks the sheriff to “develop and implement a policy consistent with this resolution.”

The measure passed 2-1, and Sheriff Craig Zanni said he would sign on.

“It may not be as strong as some people like, but I think it works,” Zanni said.

Coos County joins a chorus of local governments across the U.S. opposing federal kidnapping. The commission took a strong first step. The resolutions sends an emphatic message to Salem, where state lawmakers have struggled to move state level indefinite detention nullification through the legislature.

Now activists need to seize the momentum and push for a binding ordinance prohibiting any county cooperation with federal indefinite detention. And other counties and cities in Oregon need to follow suit. Counties and cities can refuse to assist any federal attempts at indefinite detention in their jurisdictions. These measures will not only provide  practical protections for their citizens, they will send a strong message to state legislators and put the pressure on to nullify federal kidnapping at the state level in the next legislative session.

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Ohio Action Alert: Time to Nullify Indefinite Detention Locally

Sources indicate a bill to nullify indefinite detention in Ohio is in the works. That’s good news! But you don’t have to wait for state lawmakers to take action. You can jump start the movement  to protect against federal kidnapping in Ohio right now, today, by working right where you live.

Government bodies at the local level can step into the fray. Counties and cities can refuse to assist any federal attempts at indefinite detention in their jurisdictions. These measures will not only provide  practical protections for their citizens, they will send a strong message to Columbus.

When you build a network of support from the ground up, it will create a strong mechanism to demand that your state legislature will do the same.  One step, and one community at a time, you can nullify indefinite detention.

HERE’S WHAT YOU CAN DO RIGHT NOW:

1.  Contact your local legislators – County, City, Town - and urge them to introduce model legislation in support of the Liberty Preservation Act.

local ordinance here:
http://tenthamendmentcenter.com/legislation/liberty-preservation-act/

2.  Become a local leader.   If you’re dedicated to stopping federally sanctioned kidnapping, we’ll provide you with the tools you need to not only act on your own, but to organize and lead others to help support these efforts. 

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California State Senate Committee Set to Vote on NDAA Nullification Bill

On August 12 at 1:30 p.m., the California State Senate Appropriations Committee is scheduled to consider and vote on a bill to make it more difficult for residents of the Golden State to be indefinitely detained under provisions of the National Defense Authorization Act (NDAA). The bill, AB 351, is known as the California Liberty Preservation Act.

On June 25, the California State Senate Public Safety Committee unanimously approved AB 351 by a vote of 7-0.

The bill’s primary sponsor is current gubernatorial candidate Assemblyman Tim Donnelly (R-33rd District).Donnelly’s bill specifically guarantees the right of citizens of California to be free from any federal law, including the NDAA, that would authorize their indefinite detention in violation of habeas corpus.

Known as the California Liberty Preservation Act, AB 351 is backed by a politically diverse coalition, including Taxpayers for Improving Public Safety, the Bill of Rights Defense Committee, the Tenth Amendment Center, the California American Civil Liberties Union, San Francisco Board of Supervisors president David Chiu, the Libertarian Party of California, and the Siskiyou County Board of Supervisors.

Specifically, if enacted, the bill would shield from federal assault several fundamental constitutionally guaranteed civil liberties, “including the right of habeas corpus, the right to due process, the right to a speedy and public trial, and the right to be informed of criminal charges brought against him or her.”

Relying on the 10th Amendment’s reservation to the states and the people all powers not specifically delegated to the federal government in the Constitution, the bill is a constitutionally sound expression of state sovereignty.

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