UPDATE:  Senate Judiciary Committee killed this bill on 05-07-13 by a vote of 5-0.

New Hampshire HB399, The Liberty Preservation Act to nullify NDAA “indefinite detention” is up for a final Senate committee vote soon.  The bill passed the house by a big majority and needs to get out of this committee so the Senate can have an opportunity to concur.

There is not much time left in the legislative session.  Your action is needed right now to help move this important bill forward!

ACTION ITEMS for New Hampshire

1. Contact the Committee Chair. Encourage Senator Carson to schedule this bill for a vote soon. Politely encourage her to vote YES on HB399.

Sharon Carson (603) 271-1403 sharon.carson@leg.state.nh.us

2. Contact the member of the Senate Judiciary Committee.  Strongly, but respectfully, encourage each member to vote YES on HB399.

Bette Lasky (603) 271-4151 bette.lasky@leg.state.nh.us
David Boutin (603) 271-3092 david.boutin@leg.state.nh.us
Sam Catado (603) 271-4063 casac@worldpath.net
Donna Soucy (603) 271-4151 donna.soucy@leg.state.nh.us

3. Contact your state senator. Once this bill gets out of committee and is up for a vote on the Senate floor, it will need to move quickly.  Contact your own state senator and request their support on HB399.

To find your State Senator, click here.

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.


New Hampshire House Bill 399, Would ban compliance or enforcement NDAA “indefinite detention”.   It reads:

The state of New Hampshire shall not 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 within the boundaries of this state. The department of safety is hereby directed to report to the governor and the legislature any attempt by agencies or agents of the United States government to secure the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 through the operations of that or any other state department.

This would make a HUGE dent in any effort to further restrict due process – and would be a big step forward for New Hampshire.

As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here)


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, New Hampshire stands on strong ground to reject a federal power which has already been struck down in federal court and is still pending appeal.

The New Hampshire State Senate should pass HB399 with full confiden

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



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