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The NDAA Bill. The What Signed into law December 31st, 2011. Two sections within 1,800 page bill shuttled through Congress in a matter of days. Provides.

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Presentation on theme: "The NDAA Bill. The What Signed into law December 31st, 2011. Two sections within 1,800 page bill shuttled through Congress in a matter of days. Provides."— Presentation transcript:

1 The NDAA Bill

2 The What Signed into law December 31st, 2011. Two sections within 1,800 page bill shuttled through Congress in a matter of days. Provides sweeping new powers authorizing the United States military to detain American citizens indefinitely, without charge or trial. For the first time the United States homeland is declared a battlefield.

3 Section 1021- The Undefined Authorizes the President to detain persons who "substantially supported" al-Qaeda, the Taliban, or "associated forces" that "are engaged in hostilities" against the U.S. or its "coalition partners". None of the quoted terms are defined. We do not know what constitutes substantial support, hostilities, our our coalition partners.

4 The Undefined 1021 Critically "associated forces" is not defined in the bill. Without knowing what qualifies as an "associated force", no one can be sure they are safe from the government's detention.

5 Whom could this cover? An American citizen living on the Treasure Coast makes a one-time donation to a non- violent humanitarian group. Years later, the group commits hostile acts against an ally of the U.S. Under the NDAA that just passed Congress, if the President determines the group was “associated” with terrorists, the President is authorized to detain the donor indefinitely, and without charge or trial.

6 Does the AUMF apply? The 9/11 AUMF authorizes force only against persons and groups who have a connection to the September 11 terrorist attacks. The 9/11 AUMF says nothing about detention, let alone the indefinite detention of American citizens. Both administrations also have claimed the 9/11 AUMF applies to persons and groups that are “associated” with al-Qaeda or the Taliban. No 9/11 nexus is required, according to the President.

7 Section 1022: The Mandate Mandatory detention provision, requires the President to detain members of al-Qaeda who have planned or carried out attacks against the U.S. or its coalition partners. Only sec. 1022 states that it "does not extend to the citizens of the United States."

8 Issues with the NDAA Language and spirit of the bill violate o The Fifth Amendment o The Sixth Amendment o The Fourteenth Amendment o Arictle Three

9 The Fifth Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

10 6th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

11 14th Amendment Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

12 Article III Vests judicial power in the courts Section 1: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. Section 2: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made

13 Posse Commitatus Act of 1878 Its intent was to limit the powers of local governments and law enforcement agencies in using federal military personnel to enforce the laws of the land. The Act does not prohibit members of the Armed Forces from exercising police powers that maintain law and order, it simply requires that any authority to do so must exist with the United States Constitution or Act of Congress

14 FBI List of Possible Terrorists p? Tea Party Activist Occupy Activist Own Guns/Ammo Missing a finger Buying flashlights More than 7 days of food Pays with cash

15 Where are we now? State and local governments across the country have been debating and/or passing resolutions of nullification and condemnation of NDAA's indefinite detention provisions citing violations of the Constitution. On May 16, 2012, a US District Judge placed a temporary injunction to block NDAA's indefinite detention provisions.

16 Judge's Ruling "Section 1021 tries to do too much with too little - it lacks the minimal requirements of definition and scienter that could easily have been added, or could be added, to allow it to pass constitutional muster" "it is the responsibility of our judicial system to protect the public from acts of Congress which infringe upon constitutional rights. As set forth above, this court has found that plaintiffs have shown a likelihood of success on the merits regarding their constitutional claim and it therefore has a responsibility to insure that the public's constitutional rights are protected."

17 27 Generals Agree "..we strongly believe that sound national security policy depends on faithful adherence to the rule of law...Those detained in the U.S. should not be held indefinitely without charge or trial or forced into military custody. "

18 Supremacy Clause This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

19 Local Govt and NDAA States have the ability to publicly state that a federal law is unconstitutional and enact legislation that makes unconstitutional legislation null and void in that particular state in accordance with state sovereignty rights provided in the United States Constitution. Jefferson himself introduced the word "nullification" which he meant the indispensable power of a state to refuse to allow an unconstitutional law to be enforced within it's borders.

20 "The only thing necessary for the triumph of evil is for good men to do nothing." Edmund Burke "America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves." Abraham Lincoln "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." Benjamin Franklin Take Action

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