California Senate Votes to Reject NDAA “Indefinite Detention”, 37-0

By on September 4, 2013
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by TAC

Today, the California State Senate voted to approve a bill that will help render toothless the federal “indefinite detention” powers under the National Defense Authorization Act (NDAA).  The bill, by Assemblymember Tim Donnelly, was previously passed by the state assembly by a vote of 71-1 (roll call here)

California residents are strongly encouraged to contact Governor Jerry Brown, urging him to sign AB351.

If passed into law, AB351 would make it state policy to reject “indefinite detention” powers from the federal government.   It reads, in part:

It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of any federal law that purports to authorize indefinite detention of a person within California. [emphasis added]

This language of AB351 goes far beyond what has been considered in most other states, which focus solely on indefinite detention powers under the 2012 National Defense Authorization Act (NDAA), and nothing else.  Donnelly’s legislation broadens the scope by recognizing that indefinite detention should not be complied with no matter what federal law is used to justify it.  Donnelly confirmed this broad scope, “AB351 will prevent California from implementing indefinite detention for any reason.”

This would make a HUGE dent in any federal effort to detain without due process in California.  As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here). Quite simply, the federal government is going to have an extremely difficult time – at best – carrying out indefinite detention in California without the assistance of California.

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One Comment

  1. @AnonyOdinn

    September 4, 2013 at 12:05 pm

    It seems, as is often the case, people are celebrating prematurely, and without looking at the bigger picture, about something that the California Legislature has done.

    While this bill (AB 351) was designed to reject indefinite detention provisions of the NDAA, the California Legislature simultaneously passed SB 585, which results in detention and imprisonment without due process of anyone based on their economic status or mental state, and very nearly passed language in a bill which would have removed authority of the courts to hear cases where the State has prosecuted individuals (the original text of SB 127). Additionally, the State has just passed SB 816, which would classify anyone the State disagrees with, or feels should be diagnosed and referred for services, as having an “intellectual disability.” The State Legislature is even on the verge of passing a bill that would remove the authority of elected county officials to be able to decide whether State funds can be used in their county to detain and prosecute you without your consent and without due process (SB 664). These bills, and others like them, are not yet law, but may soon be, as they are now awaiting the Governor’s signature or veto. [Here we do not even mention the numerous bills also being sent to the Governor which attempt to put the State between citizens and their 2nd amendment right.] The California legislature is at this time in history possibly at the height of fascism – never before has it attacked so many rights at once during a single legislative session.

    Concerned? You should be. If you would like to contact the Governor to demand a veto of SB 585, SB 127, SB 816, and SB 664, you can do that here: http://gov.ca.gov/m_contact.php

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