The Liberty Preservation Act to stop NDAA “indefinite detention” in the State of Montana has been scheduled for a hearing on 02/20/2013.  The hearing will be at 8am in the House Judiciary Committee.  The bill needs your immediate support to move forward – phone calls should be made right away, even if that means leaving a voice mail after hours.

Please contact all committee members to express your support for this legislation.  We urge you to CALL only, as email will likely not have an impact at this late time.  Strongly, but respectfully, inform the committee members that you will accept nothing less than a YES vote on HB522, which will allow the full state house to debate and vote on it as well.

You can call in the evening as well.  If you reach their voicemail, leave a message so their offices know first thing the next business morning that a large number of people support HB522. In your voicemail, make sure to ask that they call you back so that you can speak to the legislator or staff directly.


1. Call the Chairman, and Vice-Chairs
Thank them for allowing a hearing on HB0558 and strongly, but respectfully, urge them to vote yes to allow the bill a debate and vote in the full State house:

Krayton Kerns, chair
Phone: (406) 697-6449

Gerald (Jerry) Bennett, vice-chair
Phone: (406) 293-7012

Margaret (Margie) MacDonald, vice-chair
Phone: (406) 698-4917

2. Call the other Members of the Committee.  Strongly, but respectfully, urge them to vote YES in support of HB522 so the full House can debate and vote on the bill. A phone call is a must, as email is unlikely to be received in time.

Contact information for all committee members here:$CMTE.ActionQuery?P_COM_NM=(H)+Judiciary&P_ACTN_DTM=&U_ACTN_DTM=&Z_ACTION2=Find&P_SESS=20131#cm_table

3.  Attend the Committee Hearing.  Show your support for HB522 and for due process by attending the hearing in person.  Make a public statement in support if the committee allows public testimony.

House Judiciary Committee
Wednesday, February 20th, 2013
8am,  Arrive Early
Room 137

4.  Encourage your local community to take action as well.  Present the Liberty Preservation Act to your city county, your town council, or your county commissioners.  Various local governments around the country are already passing similar resolutions and ordinances.  Local legislative action present a great way to strengthen a statewide campaign against NDAA indefinite detention

Model legislation here:

5.  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.


NDAA: Open Season for the Police State

Scary Potential in Sections 1021 and 1022

Note: while some believe that the 2013 NDAA eliminated indefinite detention, it does not.  Dianne Feinstein introduced a very weak amendment to 2013 – and it failed anyway.  2012 indefinite detention provisions remain in tact – and the Obama administration is aggressively defending them in court.

Also, a case about indefinite detention is still being heard in federal court. Last year, Federal Judge Katherine Forrest struck down these indefinite detention powers as unconstitutional. She issued a temporary court order blocking the use of these powers.  That order was revoked by the appeals court and indefinite detention powers remain while the case is currently on appeal but not decided.

Additionally, when asked by Judge Forrest if the federal government was using indefinite detention in violation of her temporary order blocking it, Barack Obama’s attorneys refused to confirm, leaving the door open that the Feds were potentially using this power in secret, even in outright defiance of an order from the federal courts.

Because of all this, and more, Montana stands on strong ground to reject a federal power which has already been struck down in federal court and is still pending appeal.

The Montana legislature should pass HB522 with full confidence.

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