Detention prevention strategy goes national

Campaign organizes to push back against Obama provision to arrest Americans

A national campaign has been assembled and soon is to be launched to push back against a provision in a federal defense authorization law that one judge already has determined violates the Constitution by authorizing the detention of Americans.

WND has reported previously on the situation, which arose with the adoption of the National Defense Authorization Act at the end of 2011.

It includes sections 1021 and 1022, which essentially “create a new power for the federal government to ‘indefinitely detain’ – without due process – any person. Indefinitely. That’s little different than kidnapping,” said a report from the Tenth Amendment Center.

One lawsuit is pending in the courts where a trial judge issued a permanent injunction preventing application of those two sections, but the case is pending before an appeals court now.

The annual defense bill also was renewed just days ago, with the same provisions included.

Concerns are that the government will start using broad definitions about those who may have any interaction with “terrorists,” and arresting and holding them. After all, the federal government already has described those people who support third-party candidates, conservative issues, oppose abortion and are critical of special rights for homosexuals as potential terrorists.

Now a campaign has been announced by PANDA, or People Against the NDAA, to build a backlash against the Washington power grab.

Spokesman Dan Johnson said his organization is being supported by the Tenth Amendment Center, Patriot Coalition, Freedom Outpost, Western Journalism and We Are 1776 in the effort to “restoring the Constitution.”

“The goal of this operation is to stop the indefinite detention provisions of the NDAA (National Defense Authorization Act) in all 50 states across America by Dec. 31st, 2013,” he said.

“We are launching this effort for two main reasons. Firstly, we now have the network and resources necessary to push back against this encroachment by the Federal government. The Tenth Amendment Center, Patriot Coalition, Freedom Outpost, Western Journalism, and We Are 1776, among others, are assisting us in restoring the Constitution nationwide.

“Secondly, we are running against the clock. Even though the courageous efforts from the plaintiffs in Hedges v. Obama have elicited one ruling that the NDAA is unconstitutional, the civil liberties score of the 2nd Circuit Court of appeals and the Supreme Court leave little chance that ruling will be upheld in the higher courts. Odds are, the NDAA will be ruled constitutional by 2014,” he said.

“If the NDAA is declared constitutional before there is a major stand from the states, it will then be extremely difficult to restore the rights usurped by this legislation. Very few county commissioners, city councilmen, state representatives and sheriffs will take a stand against the NDAA once it has been declared constitutional,” he said.

The launch formally will be at Wood County, Ohio, Jan. 15 at 9:15 a.m. at the county courthouse, officials said.

Virginia already has outlawed state cooperation with any such detention plan, and another dozen states have proposals under consideration.

One of those is Nevada, where the “Nevada Liberty Preservation Act” that will be considered in the coming legislative session.

The proposal is pending by state Sen. Don Gustavson, according to officials with PANDA.

Michael Boldin, the Tenth Amendment Center’s founder, told WND the only solution now is for states to nullify the action.

“With four more years of the man who not only signed ‘indefinite detention’ into law, but has vigorously defended it in court, there is absolutely zero chance for repeal in Washington, D.C.,” he said.

WND previously reported that the Michigan House of Representatives was unanimous on a plan to defy the federal government’s citizen detention plans.

The state’s HB 5768 addresses Section 1021 of the National Defense Authorization Act that Congress adopted and Obama signed a year ago.

Although interpretations differ, a judge already has confirmed that it appears to allow the arrest and indefinite detention of American citizens under certain circumstances without a warrant or a trial.

If that is the case, there clearly would be constitutional problems.

But in Michigan, on a 107-0 vote, members of the state House have adopted their own statement on the issue.

Their proposal states “no agency of this state, no political subdivision of this state, no employee of an agency of this state or a political subdivision of this state acting in his or her official capacity, and no member of the Michigan national guard on official state duty shall aid an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to section 1021 of the national defense authorization act.”

WND also recently reported an even more extreme effort developing in Texas. If the plan is adopted, anyone trying to enforce such a detention could be apprehended and given a year in jail and a $10,000 fine.

Rep. Lyle Larson has House Bill 149 pending. The “Texas Liberty Preservation Act” specifically finds the Tenth Amendment to the U.S. Constitution lets Washington “exercise only those powers specifically delegated to it under Article I, Section 8.”

The bill explains that the president “has asserted that the Authorization for the Use of Military Force, enacted in 2001, authorizes the president to indefinitely detain, without charge, any person, including a citizen of the United States or a lawful resident alien, regardless of whether the person is apprehended inside or outside the borders of the United States.”

The NDAA sections allow “indefinite detention of persons apprehended within the United States without charge or trial.”

That, however, violates the Texas Constitution, the limits of federal power authorized by Article I, Section 8 and the legal doctrine of Posse Comitatus.

It also violates habeas corpus, the First Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the Eighth Amendment and the Fourteenth Amendment, the legislation explains. That includes the right to petition government, freedom from unreasonable searches, the prohibition of the deprivation of liberty without due process, the right to a speedy trial and the ban on cruel and unusual punishment.

Since sections 1021 and 1022 “violate portions of federal law, the United States Constitution, and the Texas Constitution,” they are “invalid and illegal” in Texas, the legislation says.

WND also previously has reported on a court case challenging the sections in which the Obama administration has battled vigorously for its right to detention.

The fight is on appeal right now, after U.S. District Judge Katherine Forrest issued a permanent injunction against the sections.

In her order, Forrest wrote, “The government put forth the qualified position that plaintiffs’ particular activities, as described at the hearing, if described accurately, if they were independent, and without more, would not subject plaintiffs to military detention under Section 1021.”

But she continued, “The government did not – and does not – generally agree or anywhere argue that activities protected by the First Amendment could not subject an individual to indefinite military detention under Section 1021.”

The case was brought a year ago by a number of writers and reporters, led by New York Times reporter Christopher Hedges. The journalists contend the controversial section allows for detention of citizens and residents taken into custody in the U.S. on “suspicion of providing substantial support” to anyone engaged in hostilities against the U.S.

The lawsuit alleges the law is vague and could be read to authorize the arrest and detention of people whose speech or associations are protected by the First Amendment. They wonder whether interviewing a member of al-Qaida would be considered “substantial support.”

“Here, the stakes get no higher: indefinite military detention – potential detention during a war on terrorism that is not expected to end in the foreseeable future, if ever. The Constitution requires specificity – and that specificity is absent from Section 1021,” the judge wrote.

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Comments

  • Redeye62:

    You know onething I believe the congress as well as the Senate have done I believe that they all took bribes.That is the reaSON THEY HAVE WENT MUTE on obama and his dictatorship.Now I assume that you are an honest man and I hope so.But if someone waved a few million $$$dollors in your face wouldn't you feel tempted to take it?? I mean if you were never again elected youed be fixed for life.Just a thought

  • @Charles Bill L.CDurry,

    NO insult intended, but the way I see it, we 1st need a direction than a leader right now.  Take the GOP who has done nothing but support the moderate Romney over many of the other presidential candidates who were more Conservitive, who I believe could have done just as good a job or better at debating Obama.  That's what the big scare was for Republicans you know? 

    I believe our country needs a leader with a lot more character, talent and love for our country than a person who is more interested in lining their pockets with tax payers hard earned money.  I believe Romney was about just this! 

    I can see the Ron Paul supporters jumping on my comments right now, but I am not about to debate that in this post.  I think Paul is a great peson and patriot, but his foreign affair polices made me move my vote away from him.

    The question is this for Americans.  Does America want to go another round with the Republicans?  You know, they/we lost two presidential elections in the past 4 years.  There were many things that I did not like about the GOP, but one thing in particular put me over the edge was that they did not support former Congressman Allen West when he was tied to hold onto his seat.  I believe the GOP wanted to distance themselves from him because he was the person who openly announced that there were over 78 Card Carrying Communists in the Senate.  Do you think this might have had something to do with his lack of popularity and support among the Republican ranks?

    Any time, someone comes on strong and puts themselves out for the American people, the GOP slams down on them.  I site former Rep. Todd Akin (R) as another person the Republicans wanted far, far away from them, so much so that they threw him under the bus.  Republicans are good at walking on their own and Democrats support each other, even when they get out of line.  Not that I condone many of the Democrats words or actions, but they are not quick to dump their own like the Republicans.

    I have seen posted comments on the Tea Party web page where people liked the idea of a presidential pick for president.  I like that idea myself.  The Tea Party installed some very good Conservatives into office in 2010 so why not give our support to them in 2014/16 ?

    I have heard very little on the possibilites as America has been distracted by Obama's advancement for gun control after the mass killings in CT. Sandy Kook Elementary.

    When will our leaders in Congress stop allowing themselves to get side tracked while the Obama administration has already moved on to another crisis?  We are wasting very valuable time folks.

     

  • There are plenty on Twitter in the TGDN lists.

  • You know what we need the most in the Tea Party and not putting any of you down?We need leaders who has the courage and the ability to lead others like Generals MacAuther, Dwight Eiseionhour,George S. Patton.I mean brave mean who can make a plan and mobilize an Army of people and lead them into battle.I know that there are people in our group who would make great leaders.They could devise a action and see it  it carried out and completed.Any good folk willing to give it a try.?We need you!!!

  • @ Larry D. Rambo....You mean, as if President Obama were to think of himself as a real live Dictator of the United States of America??

  • @ David M. Batten

    Yes, I too feel that it is way past the point of a national statement in protection of our gun rights.

    On another lap top I am reading the headlines for FOX NEWS. 

    It reads:  "Gun Rights Groups Suggest Congress UNlikely to Overhaul Firearms Laws."

    The headline wrecks with complacency to me.  Sounds a lot like the GOP the last two presidential terms. 

    Doing something, but never doing enough of what it is going to take to win.

     

  • I 'feel' that it is past the point of making a national statement.

    It is far more important to get to our Governors and Local Governments to institute laws which nullify the upcoming Federal laws like gun control. Already in three states legislation  has been introduced to nullify Federal Guncontrol laws, WY, SC and either TN or KY (can't remember which).

    This has to be a grounds up resistance at thsi point as we have turned our back on the issues for too long and the Socialists and Communists have come into power.

    To steal one of their phrases, Think Globally but act locally.

  • Washington is done (State level is what we need to control!)

  • One of my greatest fears.  The:President using all his resources to  to silence all opposition to his policies.  Lets hope he fails.

  • There are enough detention centers set up in the US to contain 25 Million Americans.

    We must be prepared to defend ourselves and our families.

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