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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session


Posted: April 15, 2013 12:08 PM
From: Senator Mike Folmer
To: All Senate members
Subject: Liberty Preservation Act (NDAA Noncompliance)
Shortly, I plan to introduce legislation to require state, county, and local agencies to refuse to comply with the requirements of the 2012 National Defense Authorization Act (NDAA) pertaining to the “indefinite detention” of certain persons by the United States government. A number of other states have taken similar action – including Wyoming, the model for my legislation.

The NDAA is an annual federal law establishing the budget and expenditures of the United States Department of Defense. Each year's act also includes the enactment of various other laws relating to the defense of our country.

The NDAA of 2012, which was signed into law in December 2011, for the first time in American history provided statutory authority for the President of the United States (and all future presidents) to order the military to seize people – including American citizens anywhere in the world – including here in America (i.e., not necessarily on a battlefield) and detain them indefinitely without providing them due process of law, including many Constitutional rights we hold dear.

During the Bush administration, similar claims of worldwide detention authority were used to hold a US citizen detained on US soil in military custody without affording him the same due process rights that all Americans are guaranteed under the Constitution. Some assert the NDAA can be used in the same way again.

I believe the indefinite detention of American citizens or others without providing them due process of law is unconstitutional and illegal, including under the NDAA. Prohibiting state, county, and local agencies from complying with NDAA will protect Pennsylvanians’ due process rights.

Thank you.

Introduced as SB999