Tuesday, February 7, 2012

Fwd: [LPNOVA] Unconstitutional Detainment stops here - HB 1160 prevents Virginia Military from enforcing NDAA



---------- Forwarded message ----------
From: Laura
Date: Monday, February 6, 2012
Subject: [LPNOVA] Unconstitutional Detainment stops here - HB 1160 prevents Virginia Military from enforcing NDAA
To: LPNOVA-list@meetup.com


[Forwarding on behalf of Mike Kane,  At-large Board Member - Libertarian Party of Northern Virginia -L]


Dear Fellow Friends in Liberty,

On December 31st, 2011 President Obama outdid Hitler by signing the National Defense Authorization Act. In the past, the NDAA has been used by Congress to authorize defense spending through the Department of Defense. However, this act includes a provision (Section 1021) that allows the President and the U.S. military to detain U.S. Citizens on U.S. soil without due process and without a trial indefinitely; just on the 'suspicion' that they are members of a group that the U.S. government has deemed a terrorist threat. The U.S. can do this secretly and without notice. Not only does this violate the 4th, 5th and 6th amendments of the U.S. Constitution; it suspends posse comitatus (18 U.S.C. § 1385) a long standing tradition that prevents the militarization of our country. Many fascist governments historically have used these type of laws to eliminate political opposition (think Soviet gulag), and even worse: genocide.

Fortunately in Virginia, Delegate Bob Marshall (R-13) introduced House Bill 1160 (HB 1160) which "Prevents any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency or the armed forces of the United States in the investigation, prosecution, or detainment of a United States citizen in violation of the Constitution of Virginia."

This is a huge step in promoting civil liberties and future oppression by the tyrannical U.S. government, and Virginia is the first state of hopefully many that has introduced this legislation. Presented and referred to Subcommittee on January 16th, it passed 6-3 on January 25th. The full text of the bill reads
"Be it enacted by the General Assembly of Virginia:
1.  § 1. Notwithstanding any contrary provision of law, no agency of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, political subdivision of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, employee of either acting in his official capacity, or any member of the Virginia National Guard or Virginia Defense Force, when such a member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty, 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, prosecution, or detainment of any citizen of the United States in violation of Article I, Section 8 or 11 of the Constitution of Virginia."

The next step is a vote in the House Courts of Justice Committee. Passage through that will allow a vote on the House floor. Legislation like this will never pass General Assembly without a strong public outcry, so I strongly ask you right now to first forward this email to your friends and family; and then reach out to each and every member of this Committee and urge them to vote in favor of our freedom. (list below).

Your friend in liberty,

Mike Kane
At-large Board Member - Libertarian Party of Northern Virginia

http://lpnova.blogspot.com/2012/02/unconstitutional-detainment-stops-here.html

*******************************************************************************************
Chair: Delegate David B. Albo   (R) - House District 42

(804) 698-1042
email: DelDAlbo@house.virginia.gov

Delegate Robert B. Bell   (R) - House District 58

(804) 698-1058
email: DelRBell@house.virginia.gov

Delegate Benjamin L. Cline   (R) - House District 24

(804) 698-1024
email: DelBCline@house.virginia.gov

Delegate C. Todd Gilbert   (R) - House District 15

(804) 698-1015
email: DelTGilbert@house.virginia.gov

Delegate Jackson H. Miller   (R) - House District 50

(804) 698-1050
email: DelJMiller@house.virginia.gov





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