REPEAL THE NDAA - PASS S2175 / HR4192 THE DUE PROCESS AND MILITARY DETENTION AMENDMENTS ACT 2012
On Dec.31st 2011 Obama signed the National Defense Authorization Act into law. Clauses 1021 and 1022 of that bill legalize the indefinite imprisonment of any American citizen by the MILITARY without charges, evidence, trial or legal representation - all of which violates the 1st, 5th and 6th amendments to the constitution - on the accusation, not proof, that the person has committed a "belligerent act" or "substantially supported" a force hostile to the US. These terms have no legal meaning and can be used to justify the arrest and imprisonment of any person for anything. All but 10 senators voted "yea" while the House was split.
Senator Mark Udall (D_CO) and Congressman Adam Smith (D-WA) introduced a bill in March 2012 (S 2175/HR4192), THE DUE PROCESS AND MILITARY DETENTION AMENDMENTS ACT OF 2012, which amends the NDAA to:
1) Repeal section 1022 altogether (the new bill nullifies the requirement of military custody of civilians) and
2) guarantees that any person detained within the United States shall ONLY be remanded to a civilian court and that all persons will be guaranteed all due process as guaranteed in the constitution.
(Read the bill here:
This bill officially nullifies sections 1021 and 1022 of the NDAA, the sections pertaining to indefinite detention by the military of American citizens and legal residents. ** THIS IS NOT THE SAME BILL AS SENATOR FEINSTEIN'S DUE PROCESS GUARANTEE ACT, A BILL THAT AMENDS THE 2001 AUTHORIZATION TO USE MILITARY FORCE AND ONLY APPLIES TO FUTURE DECLARED WARS. THE BILL WE ARE WORKING FOR HERE, SENATOR UDALL'S BILL, SPECIFICALLY REPEALS THE UNCONSTITUTIONAL PROVISIONS OF THE NDAA.
Find your representatives and how they voted on the NDAA here: http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=112&session=1&vote=00230#position and here : http://www.govtrack.us/congress/votes/112-2011/h932
Congress also passed the "Trespass Act", a bill that would have made ML King's March on Washington an illegal act. In addition, Senator Lieberman is sponsoring the "Enemy Expatriation Act" a bill that would remove all citizenship rights of any person accused (not proven) of having committed a "belligerent act".
We, the undersigned, request immediate passage of S 2175 and HR4192, The Due Process and Military Detention Amendments Act 2012. We pledge not to vote for any member of Congress who does not support the repeal of sections 1021 and 1022 of the NDAA, the sections that relate to indefinite detention by the military of American citizens .
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