B.A.D. LegislativeActions

NDAA is a new law in the United States which, under the guise of detaining foreign terrorist, makes new headway for the indefinite detention of those who are US citizens. Now, most would say “how does that affect us?” ANSWER: Any President now can simply have a mere paragraph included at their convenience to specifically include those in the United States who are undesirable…

As an investigative reporter, I have uncovered documents and reports by government agencies which clearly state certain motorcycle clubs are directly and indirectly aiding terrorists in other countries through the alleged sale of drugs and weapons,etc….

HENCE -It would be wise for all of us to STOP THE NDAA NOW BEFORE IT IS TOO LATE TO ADVANCE AGAINST THE CITIZENRY LATER. Here is how you can make a difference:

TALKING POINTS: 2012 National Defense
Authorization Act (NDAA)

On December 31, 2011, President Obama signed the National Defense Authorization Act (NDAA), codifying indefinite military detention without charge or trial into law for the first
time in American history.
• The law is an historic threat because it codifies indefinite military detention without charge or trial into law for the first time in American history. It could permit the president – and all future presidents – to order the military to imprison indefinitely civilians captured far from any battlefield without charge or trial.
• This kind of sweeping detention power is completely at odds with our American values, violates the Constitution, and corrodes our Nation’s commitment to the rule of law, which generations have fought to preserve.
• The breadth of the NDAA’s worldwide detention authority violates the Constitution and international law because it is not limited to people captured in an actual armed conflict, as required by the laws of war.
• Under the Bush administration, claims of worldwide detention authority were used to hold even a U.S. citizen captured on U.S. soil in military custody, and many in Congress assert that the NDAA should be used in the same way. The ACLU does not believe that the NDAA authorizes military detention of American citizens or anyone else in the United States. Any president’s claim of domestic military detention authority under the NDAA would be unconstitutional and illegal.
Nevertheless, there is substantial public debate and uncertainty around whether Sections 1021 and 1022 of the NDAA could be read even to repeal the Posse Comitatus Act and authorize indefinite military detention without charge or trial within the United States.

• The law does not require even an allegation that a detained person caused any harm or threat of harm to the United States or to any U.S. interest. Mere allegation of membership in, or support of, an alleged terrorist group could be the basis for indefinite detention. Under the American justice system, we don’t just lock people up indefinitely based on suspicion.
• Congress and the president should clean up the mess they created. Congress should repeal the NDAA’s detention provisions. • More than ten years after the 9/11 attacks, with the United States withdrawing from Iraq and Afghanistan, the United States should not be asserting new worldwide authority for the military to imprison persons seized in any country.
• We have seen how disregard for the rule of law has disastrous results for America’s standing in the world. It is time for a return to the rule of law. It is time to turn that page.

*****************************************

How to Pass A Community Resolution
1. Get Started!
• You can find a link to all materials, including model legislation, related to the 2012 National Defense Authorization Act (NDAA) at http://www.aclu.org/NDAA
2. Know Your Community
• Understand your local administration and how decisions are made. You may be able to access this information by contacting a local government office or a former municipal official.
• Collect information about the members of the City or County Council. Get informed about which members of the Council are most concerned about your issues and may be willing to support, if not sponsor, the resolution. Also, figure out what people or groups have leverage over council members who may not initially lend support for the resolution.
• With the ACLU draft resolution in mind, consider what organizations and activists in your community may be particularly interested in joining the resolution effort.
TIP: Stay organized by keeping records of your contacts. Knowing this information will help you complete the coalition building process.
3. Build a Coalition:
• Identify organizations in your community that you think may wish to work on the resolution effort. You may also find allies by contacting the national organizations who have joined the ACLU in opposing Sections 1021 and 1022 of the National Defense Authorization Act (NDAA) – ask for local affiliates or activists in your area. Remember that you can and should draw on a broad array
of organizations to support.
• Send a letter to the organizations that you feel may be interested in working on this project. Remember to include the ACLU draft resolution with your letter as a starting point for your discussion.

TIP: The coalition you assemble should be balanced and representative of the diversity in your community. Remember that having other organizations and activists support for binding language will be essential if you want a strong resolution to be passed. And know that building a strong, broad grassroots coalition will create a lasting defense against civil liberty abuses in your community that will continue after the resolution is passed.
4. Host an Organizing Meeting:

• Having discussed the initiative individually with some of your key organizational partners, you should convene a coalition meeting to discuss this project as a group.

• Establish roles and responsibilities for leadership.
TIP: You may want to involve sympathetic City Council members in the process.
5. Build Public Awareness
• Some suggested methods are to start a letter writing campaign, draft an op-ed piece in the local newspaper, engage in a public petition drive or set-up information tables in public places. In addition, with your coalition partners, you can organize ‘teach-ins’ with your members and/or forums with the general public
invited. Any information given to the public needs to be accurate and concise.
6. Implement a Strategy for Passing the Resolution
• Schedule informal meeting(s) with your local council members. Present evidence of public support to the council members. Identify most persuasive council member(s) to introduce the resolution to the city or county council.
• Have influential people or groups call or visit members that need to be moved to support the resolution
• Identify key people to testify in support of the resolution at the meeting when the council will be debating the resolution.
TIP: Members of the coalition should be prepared to attend City or County Council meetings and testify publicly on behalf of the resolution. And remember to keep the media informed about your activities, about council votes and certainly about your success!
CONGRATULATIONS; YOU’RE ON YOUR WAY!!

RESOLUTION FORMS BELOW FOR LOCAL/STATE/US GOVT:

FOR LOCAL TOWN/CITY:

A RESOLUTION to prevent any agency, political subdivision, employee, or member of the military of {YOUR LOCATION}, NY  from assisting the armed forces of the United States in the investigation, arrest, prosecution, or indefinite detention without charge or trial of any person within the United States, to call upon Congress to repeal the mandatory military detention and indefinite detention provisions of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) and affirm the prohibition against the use of the military domestically, to call upon Congress to make clear that it never authorized an endless, worldwide war, and for other purposes.

Be it enacted by the {City/Town or Village Board} of {name of city/village/town}, NY:

SECTION 1. FINDINGS. – The Village Board finds as follows:

(1) The Constitution of the United States is the foundation of our nation’s rights and freedom, and the basis of our Republic;

(2) For the first time in our Nation’s history, the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) codifies indefinite military detention without charge or trial of civilians captured far from any battlefield, violating the Constitution and corroding our Nation’s commitment to the rule of law, which generations have fought to preserve;

(3) There is substantial public debate and uncertainty whether Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) could be read even to repeal the Posse Comitatus Act and authorize indefinite military detention without charge or trial within the United States of U.S. citizens, in addition to legal permanent residents and others;

(4) The indefinite military detention of any person in the United States without charge or trial violates the 5th and 6th Amendments of the Constitution of the United States, Article III of the Constitution of the United States;

(5) The provisions of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) authorizing the indefinite military detention of civilians captured abroad far from any battlefield violate the laws of war by which the United States is bound and which it helped to establish, and harm our Nation’s reputation for upholding the rule of law and democratic values; these civilians should be prosecuted in our federal courts if there is evidence of wrongdoing, not detained without charge or trial;

(6) No president has the power to take the country into war, except as James Madison wrote, “to repel a sudden attack on the United States.” Congress decides whether and when to use military power. Our system of checks and balances should be restored by making sure that the 2001 Authorization for Use of Military Force cannot be used for endless war and endless indefinite detention without charge or trial. The Authorization for Use of Military Force should expire when United States combat operations in Afghanistan end.

SECTION 2. PROTECTIONS AGAINST MILITARY ACTION WITHIN {Name of Village/city/town}, NY.– Notwithstanding any contrary provision of law, no agency of the Village of {Name of city/town/village}, NY, political subdivision of the Village of {city/town,village), NY, employee of either acting in his official capacity, may engage in any activity that aids an agency of or the armed forces of the United States in the execution of 50 U.S.C. 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-18, § 1021) in the investigation, arrest, detention or trial of any person within the United States.

SECTION 3. SENSE OF THE VILLAGE BOARD OF {Name of town/village/city} NY

(a) It is the sense of the Village Board of {Name of town,village,city}, NY that Congress should repeal Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81).

(b) It is the sense of the Village Board of Hudson Falls, NY that the National Defense Authorization Act and the Authorization for Use of Military Force (Public Law 107-40) do not now, and should never, authorize the Armed Forces of the United States to investigate, arrest, detain, or try any person within the United States, or tomilitarily detain without charge or trial civilians not captured on any battlefield, and that the Authorization for Use of Military Force expires upon the end of combat operations in Afghanistan by the Armed Forces of the United States, but that

(i) Congress retains the authority to declare war or authorize the use of military force, consistent with Article I of the Constitution.

(ii) The President retains the authority under Article II of the Constitution to deploy the Armed Forces to repel a sudden attack on the United States, its territories or possessions, or its Armed Forces.

(c) The Mayor of Hudson Falls, NY shall send copies of this bill, upon passage, to our US Congressman and Senators, the US Senate Committee on the Judiciary, the US Senate Select Committee on Intelligence, the US House of Representatives Committee on the Judiciary, the US House of Representatives Permanent Select Committee on Intelligence, the US Attorney General, and the President of the United States.

FOR STATE  OR US GOVERNMENT OFFICES:

[HOUSE/SENATE/ASSEMBLY/CITYCOUNCIL]BILLNO. [XXXX]  A BILL to prevent any agency, political subdivision, employee, or member of the military  of [State/City] from assisting the armed forces of the United Statesin the investigation,  arrest, prosecution, or indefinite detention without charge or trial of any person within  the United States, to call upon Congress to repeal the mandatory military detention and  indefinite detention provisions of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) and affirm the prohibition against the use of the military domestically, to call upon Congress to make clear that it never authorized an endless, worldwide war, and for other purposes.

Be it enacted by the [Legislative Body] of [State/City]:

SECTION 1. FINDINGS. – The [Legislative Body] finds as follows:

(1) The Constitution of theUnited Statesis the foundation of our nation’s rights and freedom, and the basis of our representative democracy;

(2) For the first time in our Nation’s history, the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) codifies indefinite military detention without charge or trial of civilians captured far from any battlefield, violating the Constitution and corroding our Nation’s commitment to the rule of law, which generations have fought to preserve;

(3) There is substantial public debate and uncertainty whether Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) could be read even to repeal the Posse Comitatus Act and authorize  indefinite military detention without charge or trial within the United States of U.S.citizens, in addition to legal permanent residents and others;

(4) The indefinite military detention of any person in theUnited States without charge or trial violates the 5th and 6th Amendments of the Constitution of the United States, Article III of the Constitution of the United States;

(5) The provisions of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) authorizing the indefinite military detention of civilians captured abroad far from any battlefield violate the laws of war by which the United States is bound and which it helped to establish, and harm our Nation’s reputation for upholding the rule of law and democratic values; these civilians should be prosecuted in our federal courts if there is evidence of wrongdoing, not detained without charge or trial;

(6) No president has the power to take the country into war, except as James Madison wrote, “to repel a sudden attack on theUnited States.”  Congress decides whether and when to use military power.  Our system of checks and balances should be restored by making sure that the 2001 Authorization for Use of Military Force cannot be used for endless war and endless indefinite detention without charge or trial.  The Authorization for Use of Military Force should expire when United States combat operations in Afghanistan end.

SECTION 2. PROTECTIONS AGAINST MILITARY ACTION WITHIN [STATE/CITY]. – Notwithstanding any contrary provision of law, no agency of the

[state/city], political subdivision of the [state/city], employee of either acting in his official capacity, or any member of the [State] National Guard or [State] Defense Force, when such a member is serving in the [State] National Guard or the [State] Defense Force on official state duty, may engage in any activity that aids an agency of or the armed forces of the United Statesin the execution of 50 U.S.C. 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-18, § 1021) in the investigation, arrest, detention or trial of any person within the United States.

SECTION 3. SENSE OF THE [LEGISLATIVE BODY]

(a) It is the sense of the [legislative body] that Congress should repeal Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81).

(b) It is the sense of the [legislative body] that the National Defense Authorization Act and the Authorization for Use of Military Force (Public Law 107-40) do not now, and should never, authorize the Armed Forces of the United States to investigate, arrest, detain, or try any person within the United States, or to militarily detain without charge or trial civilians not captured on any battlefield, and that the Authorization for Use of Military Force expires upon the end of combat operations in Afghanistan by the Armed Forces of the United States, but that

(i) Congress retains the authority to declare war or authorize the use of military force, consistent with Article I of the Constitution.

(ii) The President retains the authority under Article II of the Constitution to deploy the Armed Forces to repel a sudden attack on theUnited States, its territories or possessions, or its Armed Forces.

(c) The [governor/mayor] shall send copies of this bill, upon passage, to our US Congressman and Senators, the US Senate Committee on the Judiciary, the US Senate Select Committee on Intelligence, the US House of Representatives Committee on the Judiciary, the US House of Representatives Permanent Select Committee on Intelligence, the US Attorney General, and the President of the United States.

(We would like to thank ACLU for borrowing their “toolkit”. To learn more about the NDAA, visit www.aclu.org/NDAA).

OUR THANKS TO MIKE WILLIG & HANK MCGRATH FOR THEIR WORK ON THIS PROJECT.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s