H.B.57 Will Outlaw the NDAA in Missouri

Will history repeat itself?

Will history repeat itself?

Zachary Cole

TyrannyWatch.org

January 12, 2013

As we reported yesterday, P.A.N.D.A. founder Dan Johnson, contacted me late Thursday night. He alerted me to a new bill that had been submitted a few weeks ago. I then contacted Heather Cottner, who is P.A.N.D.A.’s new State Coordinator for Missouri, to get further details and to see what her strategy was to get this legislation signed into law.

The bill, which at the time of this writing has no scheduled hearing, was sponsored by Rep. Scott Fitzpatrick and cosponsored by Rep. Rocky Miller and Rep. Paul Curtman. At its most basic level House Bill 57 (HB 57), hinges on the 10th amendment and state’s rights. The sponsors of this bill aim to reestablish Missouri’s state rights over the federal government and to outlaw indefinite detention of its citizens.

It also slaps the executive branch right in the face by nullifying 50 USC Section 1541 (concerning the War Powers Resolution) that illegally gives the president power to declare war over Congress.  The Unlawful Detention of Citizens Bill (i.e. MO HB-57) states:

“Notwithstanding any contrary provision of law, no state agency, political subdivision, employee of such State agency or political subdivision acting in his or her official capacity, or member of the Missouri National Guard on officials state duty, shall knowingly aid an agency of the Armed Forces of the United States in the detention of any citizen pursuant to 50 USC Section 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 or any subsequent provisions of law.”

The evolution within the NDAA concerning indefinite detention of US citizens can be slightly confusing. The first thing a reader will notice is that the indefinite detention subsection from fiscal year 2012 has moved from 1021 to 1031 of fiscal year 2013. Another issue to note is the number of amendments that have been proposed or applied to this particular section. One of the first attempts was the Smith-Amash Amendment. Then the Feinstein-Lee Amendment was introduced, which was later replaced by the request of Sen. John McCain with the Gohmert Amendment. A lot of these amendments seek to clarify vague language and “seemingly” uphold constitutional rights. But like with any legislation, there are always loopholes which the ACLU and others have pointed out.

Due to the above issues, people within and outside of government, that seek to retain some semblance of their civil rights have moved to actions on the state level. This brings us back to the organization P.A.N.D.A. and their involvement in helping Missouri representatives get the support they need to pass this bill.

When I talked to Cottner last night she was optimistic but added she needs a lot of support and volunteers to get this done. She also warned that the citizens of Missouri only have five months (until May) to get this bill passed. The first thing that she proposed was to form a coalition for purposes of laying out an orderly plan and to conduct training sessions. Cottner explained that distance would not be an issue because they will be utilizing teleconference calls to reach people all over the state.

She also discussed that there will be many levels of opportunities for people to engage in activism everything from simple phone calls to going to the Missouri state capital in Jefferson City. We also talked about a very exciting strategy that she hopes will get the attention of local politicians. At this time I cannot disclose this plan but I can tell you that they will remember who P.A.N.D.A. is and what they stand for.

As this story develops and P.A.N.D.A. coordinates locals, we will be here to give you up-to-date coverage. If you would like to learn more about P.A.N.D.A. please go to www.pandaunite.org or if you are ready to get involved here in Missouri please call Heather Cottner at (314) 803-2364. Alternatively you can contact me via email Media@tyrannywatch.org and I will plug you in with the right people. For up-to-date coverage on the NDAA and indefinite detention please consider “ liking” P.A.N.D.A. and Tyranny Watch on Facebook or “following” us on Twitter.

Advertisements

RED ALERT: Anti-NDAA Legislation in MO

Zachary Cole

TyrannyWatch.org

January 11, 2013

Late last night I received an urgent call from the founder of P.A.N.D.A (People Against the National Defense Act), Dan Johnson. He tipped me off to new legislation that is going to the table concerning the NDAA and how it applies in Missouri.

Particularly, this legislation will seek to nullify and/or amend through the state level, the indefinite detention section (1021), thus stripping the federal government of their power to indefinitely detain US citizens without a trial or jury. Unfortunately at this time I don’t have all the details like who is proposing the legislation and the specific wording but as soon as we get an update from our local P.A.N.D.A. chapter head, Heather Cottner, we will pass information on to the public.

Mr. Johnson indicated that we need to locally form a coalition to get the word out and to call local politicians to make sure they do the right thing. We will soon be announcing when and where we’re going to meet up. Also we will create a call list and assembling a team to contact legislators in our state. If interested, you may contact Heather Cottner at (314) 803-2364 or reach me at Media@tyrannywatch.org and we will plug you in where you are needed most.

For those of you who are new to the NDAA, here is a short refresher. First, it is important to read the actual text of the specific subsection within the bill. It reads as follows:

(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.
(b) Covered Persons- A covered person under this section is any person as follows:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
(c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:
(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.

A key thing to note, and what some people don’t seem to realize, is that this is a bill that is signed at the end of each year for next year’s defense operations. A lot of it has to do with funding but like with many bills politicians try to throw in things that are not necessarily essential to the operations of the military. One thing that was included in last year’s updated bill was a reference to bestiality. The deceptive and somewhat shrewd actions (as far as stratagem is concerned) are when “pet-project” legislation is slipped into a bill that must be signed so that various agencies and branches of the government can function.

Usually, when people talk about the NDAA, they are really referring to section 1021 that refers to “indefinite detention” of US citizens. It is basically activists using shorthand. As seen in the above subsection of the bill, it creates a homeland battlefield that uses the military as police (which violates posse comitatus). It also reinforces a couple other bills that give the military overreaching powers.

The implication of this subsection declares that enemy combatants can be any US citizen that has associations with anybody that is on a terrorist watch list. Some might find this sensible but in reality, if you are a law-abiding citizen but are a thorn in the government side, they could “black bag” you, whisk you off to a secret location, and hold you there until they deem you not a threat anymore. This could include anyone from political dissidents, journalists, veterans, and any other person that is not going along with the program.

The indefinite detention section of this bill was early on concealed from the public until the last-minute because the authoritarians in the House and Senate knew a few vague sentences could legally change drastically how enemies of the state are dealt with. This is why the bait and switch tactic was used. When subsection 1021 was exposed, politicians in Washington claimed it couldn’t be used against Americans but later came out and said that it could.

During the same time the Obama administration criticized the indefinite detention section and said he would veto the bill when it came to his desk. This caused an outcry from one of the co-authors of the bill who exposed the president by saying that it was his idea of putting it into the bill. Simultaneously other politicians were coming out and admitting that it could be used against Americans and that anybody that this section would apply to, deserves their rights being stripped and even being killed.

Despite the outrage of the public the bill quietly reached Pres. Obama’s desk late on New Year’s Eve, when they obviously knew that activists, media, and other politicians who are against indefinite detention would not be quickly aware of what was going on. Barack, to appear concerned and defiant of section 1021, attached to the bill a ridiculous signing statement that said he would not use this against American citizens even though he had the power to do so. This of course would later prove to be a lie.

Since then thousands of activists from all over the country have engaged their legislators, have taken to the streets in protest, and have formed small cell groups planning actions to educate the public and rally support from those people in DC that claim to be our representatives. This is the state we’re in now and this is where we need people to become active on the growing police state. As more develops we will give you the updates.

TW Radio Archives Interview With Heather Cottner of PANDA

Heather Cottner

Heather Cottner of P.A.N.D.A. (People Against National Defense Act) chapter head in St. Charles, MO

Tyranny Watch presents Episode #3 – Zachary interviews Heather Cottner of PANDA and has special guest Dan Johnson (founder of PANDA) riding shotgun. We discuss the NDAA and how dangerous indefinite detention of American citizens is to the last bit of our freedoms we have. Info is also included on to get involved!

Listen or Download HERE!