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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California “Nullify NDAA” Bill Keeps Moving Forward

The following was written by California State Assemblymember Tim Donnelly, sponsor of Assembly Bill 351, legislation that addresses the “indefinite detention” powers of the 2012 NDAA and other federal “laws.” 

I find it absolutely amazing how far our country has digressed politically since its founding in 1787. Take, for example, the latest Obama Administration scandals: Soylndra, Benghazi, Fast & Furious, the IRS profiling various Conservative political organizations, domestic wiretapping probes on AP journalists, and the PRISM program run by the NSA.

There comes a time when you have to take a stand against a government that has grown far beyond its morally and constitutionally justifiable authority; a government that is making confident legislative strides to seize more power which it should not have; and a government that is increasing regulations left and right.

Concurring in my prescription, Alexander Hamilton once said: “If the federal government should overpass the just bounds of its authority and make a tyrannical use of its power, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.”

In my capacity as a state assemblyman in California, I have spearheaded legislation that would decrease the size of government and preserve our freedoms. One such example would be Assembly Bill 351, which I introduced in mid-February.

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Single Activist Helps Push State Republican Leader to the Correct Position in California

When AB-351, the California Liberty Preservation Act, was introduced by Assemblyman Tim Donnelly, there was virtually zero support from his own Republican colleagues. Now, State Senator Bob Huff, the Republican Leader, has written a letter of support in reply to an activist’s letter.

Amy Alspaugh wrote to Sen. Huff a few days before AB-351 saw victory on the Assembly floor by a 71-1 vote.

The Honorable Bob Huff, 29th State Senate District

Dear Senator Huff:

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Who Needs Due-Process Anyway?

The Japanese Internment Camps of World War II display the lengths to which American’s are willing to go in order to sacrifice liberty for safety.[1] Even though “two-thirds” of these Americans were native-born, the vast majority of the public saw no problem with locking them up (keeping in mind two-thirds of the Japanese’ in the camps were citizens) without just cause, without warrant, without any evidence of guilt, and with extreme prejudice. Fast forward sixty years and 9/11 happens and for the sake of a false sense of security, most Americans support the Patriot Act which like most legislation had to be passed in order to “find out what’s in it.”

Much to the chagrin of most American’s, there was a provision for indefinite detention of citizens in much the same circumstances as those faced by the Japanese-American’s during WWII. Most people reticently accepted the infringement of their civil liberties so that they would be “safer.” However, as time as passed there is a growing movement that realizes that this infringement is wrong and the threat of its use to be horrifying as they could be one of the one’s deemed an “enemy combatant”, moved to detention and left there to rot for the foreseeable future if not on a permanent basis.

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Pennsylvania Bill Would Nullify NDAA “Indefinite Detention”

In another David flings a rock in Goliath’s eye moment, Pennsylvania state Senator Mike Folmer introduced the Liberty Preservation Act (SB999) last week.

The bill would prohibit state employees from cooperating with federal enforcement of sections 1021 and 1022 of the National Defense Authorization Act of 2012 (NDAA) that purport to allow arrest and detention without charge or trial on U.S. soil.

No employee shall provide material support or participate in any way with the implementation of sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, as amended, (Public Law 112-81, 125 Stat. 1298) within the boundaries of this Commonwealth.

SB999 sets criminal penalties for state employees – including law enforcement personnel – who aid or abet federal agents or agencies attempting to arrest or detain citizens pursuant to the NDAA within the Commonwealth.  Pennsylvania now joins 18 other states with pending or enacted legislation that interposes sovereign state authority between their citizens and the growing authoritarianism of central government.

“I believe the indefinite detention of American citizens without providing them due process of law is unconstitutional and illegal, including under the NDAA. This is why I introduced legislation to prohibit state, county, and local agencies from complying with NDAA:  to protect Pennsylvanians’ due process rights,” Folmer said, affirming his duty to uphold the Constitution against its unchecked transgression by the federal government.

Think it can’t happen here?  It already has.

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Alaska Becomes Second State to Pass Nullification of Indefinite Detention

JUNEAU, Alaska – Federal kidnapping in Alaska just got a lot harder.

Last Friday, Alaska Gov. Sean Parnell signed a sweeping nullification bill providing  broad protections against indefinite detention, violations of the Second Amendment and blocking implementation of a federal identification program in The Last Frontier.

HB69 prohibits “state and municipal agencies from using assets to implement or aid in the implementation of the requirements of certain federal statutes, regulations, rules, and orders that are applied to infringe on a person’s right to bear arms or right to due process or that implement or aid in the implementation of the federal REAL ID Act of 2005.”

“The people of Alaska got a three-for-one in this bill. This is the most sweeping nullification legislation ever signed into law. The Alaska legislature, along with Gov. Parnell, obviously take Madison’s assertion that states are ‘duty bound, to interpose for arresting the progress of the evil’ seriously.” The new law will make violations of the Second Amendment and DC-sanctioned kidnapping nearly impossible in Alaska, and it throws yet another roadblock in the path of an unconstitutional national ID program. The people of Alaska should be proud of the courage shown by their representatives,” Tenth Amendment Center national communications director Mike Maharrey said.

The federal government depends on state resources to enforce its laws. By pulling the rug out from under the feds, and denying state and local assistance to federal agents, Alaska effectively nullified indefinite detention, along with unconstitutional federal firearms regulations. (You can read an in-depth analysis of the Second Amendment protections offered by HB69 HERE.)

Alaska becomes the second state to refuse cooperation with federal kidnapping under the National Defense Authorization Act, following Virginia’s lead last year. And the new law takes it a step further, protecting the people of Alaska from indefinite detention under any other purported federal authority past or present, such as the Authorization for Use of Military Force.

A state or municipal agency may not use or authorize the use of an asset to implement or aid in the implementation of a requirement of an order of the President of the United States, a federal regulation, or a law enacted by the United States Congress that is applied to deny a person a right to due process, or a protection of due process, that would otherwise be available to the person under the Constitution of the State of Alaska or the Constitution of the United States.

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California Senate Committee Unanimously Passes NDAA Nullification Bill

SACRAMENTO, Cal. (June 25, 2013) – Today, the California State Senate Public Safety Committee gave a unanimous “Do-Pass” approval to a bill which starts the process of stopping “Indefinite Detention” under the NDAA and other so-called federal “laws.”  The bill, authored by Republican Assemblymember Tim Donnelly was previously passed by the State Assembly by a vote of 71-1.  It is is expected to get a vote in the Senate appropriations committee next, which is the final stop before a vote in the state senate.  If it passes both, it’ll go on to the Governor’s desk for a signature.

California residents are strongly encourage to contact their state senator immediately to request a YES vote on 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.

NEXT STEPS  

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Indiana Action Alert: Time to Nullify Indefinite Detention Locally

The Indiana State Senate took a big step forward last session in response to the “Indefinite Detention” powers of the NDAA when it passed SB400 by a pretty strong margin.  But, the House refused to move the bill forward and there’s still work to do to nullify this unconstitutional federal act.

What was most lacking – beyond political courage in the House – was strong grassroots organization behind the bill well in advance.  Last minute support was strong, but next time, Indiana legislators need to be on notice for months in order to get this important legislation passed.  With your work and dedication, liberty will win.

In order to take this to the next level and get a victory, your action is needed right now.  Starting today, and all the way through the rest of the year, local governments around the state need to be pressed to take a similar action – passing legislation in support of due process and to nullify “indefinite detention”.  And at the same time, calling on the state legislature to do the same.  When the state is blanketed with local communities willing to nullify this unconstitutional federal act, the state legislature will be on notice.  Do your job, or else.

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.

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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 and is up for an important State Senate committee hearing and vote on June 25th. Your action is needed right now to help this bill move forward!

ACTION STEPS for California Residents:

1. Contact ALL the members of the Senate Public Safety Committee. Let each of them know – strongly, but respectfully – that you want to see a YES vote on AB351.

Senator Loni Hancock (Chair) (916) 651-4009
Senator Joel Anderson (Vice Chair) (916) 651-4036
Senator Marty Block (916) 651-4039
Senator Kevin de León (916) 651-4022
Senator Steve Knight (916) 651-4021
Senator Carol Liu (916) 651-4025
Senator Darrell Steinberg (916) 651-4006

2. Contact your state senator.  California residents are strongly encouraged to contact their state senators immediately to request support for AB351.  (contact info here)

3.  Share this information widely.  Please pass this along to your friends and family.  Also share it with any and all grassroots groups you’re in contact with around the state.  Please encourage them to email this information to their members and supporters.

4. Join the NDAA activist group on Facebook. Connect with others, plan strategy, build a coalition, and help get AB351 passed!
http://www.facebook.com/groups/nullifyndaacalifornia/

BILL INFORMATION

If passed into law, AB351 would make it state policy to reject “indefinite detention” powers from the federal government.   It reads, in part:

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Action Alert: Nullify NDAA “Indefinite Detention” Locally in Colorado

A Liberty Preservation Act that would have nullified indefinite detention in Colorado died during the recent legislative session.

Political maneuvering by a few powerful lawmakers killed HB 13-1045, despite support on both sides of the aisle. Their lack of courage left Coloradans at the mercy of federal agents should they decide to exercise indefinite detention provisions written into the NDAA.

With the next legislative session months away, only one option remains: build grassroots groups to stop NDAA detention at the local level!

While the Colorado legislature  failed to interpose, 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.

Don’t wait for state lawmakers to act. Start working to stop the NDAA NOW by forming grassroots groups in your community.

Talk with your local representatives, local law enforcement, and even National Guard members. These local coalitions can stop the NDAA through education, activism, and vigilance. Then nullify locally to stop the NDAA. Encourage your city, town, municipality and county to pass resolutions and ordinances refusing to aid, enforce, or give resources to the military, DHS, or any other federal agency attempting detention under the NDAA.

When enough communities say no to unconstitutional federal acts, it will not only render them “nearly impossible to enforce” as Judge Napolitano has said, and it will also provide pressure needed to ensure that the state legislature does the right thing the next time around.

Here’s what you can start doing right now.   

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