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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Virginia Action Alert: Step 2 to Nullify “Indefinite Detention”

Virginia led the way to stop indefinite detention when Gov. Bob McDonnell  signed House Bill 1160 into law in April 2012. The law prohibits state or local cooperation with any federal attempts to indefinitely detain an American citizen pursuant to the National Defense Authorization Act of 2012.

However, that’s not the end game. Now we need local government bodies to pass ordinances in support of the state law, specifically prohibiting local cooperation with indefinite detention. City and county governments can even take things a step further, extending protection to all persons within their jurisdictions and broadening noncompliance to include indefinite detention under other “authority” outside the NDAA.

Local nullification efforts provide another row of teeth to the state law, signal local support to Richmond lawmakers and can serve as a catalyst for stronger, broader state action in the next legislative session. They also add additional impediments should federal agents try to kidnap people within the borders of Virginia.

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

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Action Alert: Maryland, Time to Nullify Indefinite Detention Locally

Earlier this year, Maryland took the first step toward fighting federal kidnapping when Delegate Don H. Dwyer, Jr. introduced a Liberty Preservation Act in the state House. While HB558 didn’t gain traction in the legislature, it did set stage for further action.

And there’s Good news! You can still battle the feds at the local level. You don’t have to sit around and wait for the state to take action. Local governments can help stop indefinite detention, while simultaneously putting pressure on state politicians to do the right thing.

While the Maryland legislature failed to interpose this time around, 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. 

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The King and I

To the dismay of many Americans, President Obama has delayed implementation of Obamacare another year, or at least the employer mandate. Never mind the fact that the entire law needs to be postponed indefinitely, and truly should be repealed, King Obama has decreed he is granting special favor to businesses nationwide, which will coincidentally help Democrats in mid-term elections next year.

Why is the king granting this special dispensation?

Because he can.

When Obamacare was voted into law, it gave the president unprecedented powers to control its implementation. This special dispensation is a major blow to freedom and liberty.

This comes as no surprise, considering that this is not the only time the president has been given sweeping authority. The National Defense Authorization Act of 2012 handed over tyrannical powers to our king…oops, president. This precedent of relinquishing or ceding power to the president needs to stop!

Where’s the Proof?

Taken directly from the NDAA 2012:

SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.

(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

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URGENT California Action Alert: Pass AB351, Help Stop “Indefinite Detention”

Tim Donnelly’s AB351, a bill which starts the process of stopping “Indefinite Detention” under the NDAA and other so-called federal “laws,” has passed the State Assembly by a vote of 71-1, and two State Senate committees unanimously, Public Safety and Appropriations.  The next step is a full State Senate Floor debate and vote expected this…

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Federal Court Permanently Vacates Injunction Against NDAA “Indefinite Detention”

The Second Circuit has permanently vacated the injunction issued by the District Court against NDAA 2012 indefinite detention powers.   The case has been remanded to District Court Judge Kathryn Forrest. who originally issued the injunction.

In layman’s terms, Forrest put a stop to indefinite detention, and the Second Circuit overturned that.  It also permanently prohibited Forrest from attempting to do so again, ordering her to proceed with the case consistent with their opinion.

NDAA “indefinite detention” powers are alive and well.

The opinion appears to be based only on lack of standing — based on the Clapper case decided by the Supreme Court:

“In sum, Hedges and O’Brien do not have Article III standing to challenge the statute because Section 1021 simply says nothing about the government’s authority to detain citizens.  While Section 1021 does have meaningful effect regarding the authority to detain individuals who are not citizens or lawful resident aliens and are apprehended abroad, Jonsdottir and Wargalla have not established standing on this record. We VACATE the permanent injunction and REMAND for further proceedings consistent with this opinion.”  P. 60

The Tenth Amendment Center, along with a broad coalition of organizations and individuals, filed an amicus brief on behalf of the defendants.  It was cited at p. 4 and note 3 in the District Court’s opinion:

As one group of amici has noted, “[r]arely has a short statute been subject to more radically different interpretations than Section 1021.”

The only other reference to an amicus brief was at p. 40, in note 137 — Center for National Security Studies.

REVIEWING THE “LAW” IN QUESTION

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