Washington state legislators on both sides of the aisle, defended both the U.S. and Washington State Constitutions this week, when they condemned the unlawful indefinite detention provisions in the 2012 National Defense Authorization Act.

The Washington Preservation of Liberty Act, HB 1581, was introduced by Jason Overstreet, and co-sponsored by Matt Shea, along with 10 other republican legislators and 9 democrats.

The bill includes significant background information on the NDAA, including how the president’s signing statement, and comments made on the senate floor, have only served to confirm, that in fact, it’s intent is to allow for the detention of citizens and legal resident aliens, without due process, and that this authority is given to the president to use at his discretion. It clearly lists the multitude of violations, both of the U.S. and Washington State Constitutions.

“Indefinite detention means that due process is dead,” said representative Shea, “State Legislators must defend against federal overreach. It is our duty. The oath we take in accordance with Article VI of the U.S. Constitution requires nothing less.”

The bill intends in part;

“To condemn in no uncertain terms section 1021 of the 2012 NDAA as it purports to repeal the spirit of the postreconstruction act and authorize the president of the United States to utilize the armed forces of the United States to police United States citizens and lawful resident aliens within the United States of America, indefinitely detain United States citizens and lawful resident aliens captured within the United States of America without charge until the end of hostilities authorized by the 2001 authorization for use of military force, subject American citizens and lawful resident aliens captured within the United States of America to military tribunals, and transfer American citizens and lawful resident aliens captured within the United States of America to a foreign country or foreign entity.”

If passed, 1581 would be the first state anti NDAA bill to render violations a class C felony.

HB 1581 has been referred to the Public Safety Committee, where it is currently awaiting a hearing. There is also a companion bill in the senate, SB 5511, which was introduced by Senator Bob Hasegawa. It has been referred to the Law & Justice Committee.


If you live anywhere outside of Washington, please contact your own legislators regarding anti-NDAA legislation. If none has been introduced in your state, you can email them The Liberty Preservation Act model legislation.

Track the status of NDAA nullification in states around the country HERE


If you are in Washington, please contact the members of the Public Safety Committee , and urge them to pass this bill to the house floor.

Contact the members of the senate Law & Justice Committee and urge them to support SB 5511.

You can also find all of your house reps here, and your senators here. We want to garner as much support as we can before these bills come to the floor for a vote.

If you are outside of Washington, contact your legislators to find out where they stand on the NDAA. You can also share with them our model legislation.

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