California Governor Jerry Brown Signs NDAA Indefinite Detention Nullification Bill Into Law

California Governor Jerry Brown Signs NDAA Indefinite Detention Nullification Bill Into Law
California Governor Jerry Brown Signs NDAA Indefinite Detention Nullification Bill Into Law

Assembly Bill (AB) 351 was signed into law by Governor Jerry Brown yesterday. California is the third state to have passed legislation, which nullifies the unpopular federal provision. A selection of  AB 351 reads:

The United States Constitution and the California Constitution provide for various civil liberties and other individual rights for a citizen of the United States and the State of California, including the right of habeas corpus, the right to due process, the right to a speedy and public trial, and the right to be informed of criminal charges brought against him or her.

Certain provisions of federal law affirm the authority of the President of the United States to use all necessary and appropriate force to detain specified persons who engaged in terrorist activities.
This bill would prohibit an agency in the State of California, a political subdivision of this state, an employee of an agency or a political subdivision of this state, as specified, or a member of the California National Guard, on official state duty, from knowingly aiding an agency of the Armed Forces of the United States in any investigation, prosecution, or detention of a person within California pursuant to (1) Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (NDAA), (2) the federal law known as the Authorization for Use of Military Force, enacted in 2001, or (3) any other federal law, except as specified, if the state agency, political subdivision, employee, or member of the California National Guard would violate the United States Constitution, the California Constitution, or any law of this state by providing that aid. The bill would also prohibit local entities from knowingly using state funds and funds allocated by the state to those local entities on and after January 1, 2013, to engage in any activity that aids an agency of the Armed Forces of the United States in the detention of any person within California for purposes of implementing Sections 1021 and 1022 of the NDAA or the federal law known as the Authorization for Use of Military Force , if that activity would violate the United States Constitution, the California Constitution, or any law of this state, as specified.

The bill’s common name is “The California Liberty Preservation Act.” California’s legislation takes things a step further than other states, which have implemented nullification legislation with regard to the NDAA.

The bill specifically states:
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 meaning the legislation takes aim at not only the NDAA provision, but any federal law, which seeks to disregard one’s constitutional rights.

Democrats and republicans worked together to sponsor and pass the legislation. The bill was introduced by ultra-conservative Tim Donnelly, and managed by San Francisco liberal-democrat Mark Leno.

Nullification has broken barriers in the political world not seen since Reagan won every state in the country in 1984 except Minnesota, home of challenger Mondale (D).

Nullification is able to do this because the federal government has put its hands in far too many pies. Liberals passionate about marijuana legalization and privacy rights find refuge in nullification. Meanwhile, conservatives passionate about the federal reserve, taxes and guns find refuge as well.

The Tenth Amendment Center stands in as the moderator working to nullify all unconstitutional laws in every state. They have provided model legislation to nullify indefinite detention in each state.

Tenth Amendment Center’s national communications director Mike Mike Maharrey tells us-
“Lawmakers from both sides of the aisle came together and passed legislation to protect against federal kidnapping,” adding that, “by saying, ‘No!’ to indefinite detention and refusing any state cooperation, the California legislature and Gov. Brown just ensured it will be very hard to whisk somebody away in the dead of night and hold them without due process.”

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Michael Lotfi

CEO, Political Director at BrandFire Consulting LLC
Michael Lotfi is a Persian-American political analyst and adviser living in Nashville, Tennessee. Lotfi is the founder and CEO of BrandFire Consulting LLC. The firm specializes in public and private technology centered brand development, lead generation, data aggregation, online fundraising, social media, advertising, content generation, public relations, constituency management systems, print and more. Lotfi is the former executive state director for the Tennessee Tenth Amendment Center, a think-tank focused on restraining federal overreach.Lotfi graduated with top honors from Belmont University, a private Christian university located in Nashville, Tennessee.

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  • Danny Collins

    that will not save them from going bankrupt
    if i lived there that and there laws on business
    would be what i would scream for.
    it took 2 months on navy base for me not to go back

    • Mike M

      jerry brown is a pos and this only prevents on duty state employees from enforcing federal law. It does nothing to prevent federal employees from violating your rights or off duty state officials. If it’s brown, flush it down!

  • Kevin Merck

    “the California legislature and Gov. Brown just ensured it will be very hard to whisk somebody away in the dead of night and hold them without due process.”

    Yah, right, they may have made it a little harder but that’s not going to stop these criminals.

    It’s really a sad day in America when the federal government takes away all of our rights and we have to fight for them state by state.

    • Chris Moschini

      That’s the point of States’ Rights anyway – the fact there’s a real risk of the Feds undermining the state the way you describe is the main remaining problem here. At least for Californians. I think what this really accomplishes is a signal to the feds they can go F themselves if the state picks someone up and the feds want them transferred without due process.

  • dmize

    so if california does this. does this mean that everyone in the DHS is a CRIMINAL? because, you know. since were training foreign troops in our towns and bases, to control US… so … is that what that means?
    civil liberties and the us constitutions says what is being done today is 100% ILLEGAL.

  • Hopful for change

    Due Process, Hum? You would think as an American, you would have already been guaranteed this right. That our Government would allow ‘due process’… seems only in the last few years this has been a issue, curious as to why? Whisking some one away in the middle of the night , and not allowing them their voice seems to be a criminal act all in its own. To Process them without a Judge or Jury … seems to be more terrorist then anything. Is this really what our Government has come to? Do we now live in that society where drones and our own over seers can just bomb whenever ? Do we do anything about it? What do we do , or can we do? … Horrifying to think “We the people” are now ” Us the Government” and there is no Voice Of Reason.. … Seriously sad to be be cast into the shadows of a dictator! …..

    • hotgrandma

      Good morning! Glad to see one more American awakened!

    • RonWillison

      ALL roads lead to ZION.Nuff said.

  • Susan Donaldson

    I dont get it, what is CA saying

    • Scott Sourile

      They are saying that no California agency will cooperate with Federal agencies with unlawful detentions.

      • Ricky Ross

        While at the same time, they endorse every other freedom and liberty stomping bill known to man!

        Do not be fooled by this theater!

        • Not buying it

          It does not appear that the language of this statue would prohibit local law enforcement agencies from cooperating with the government, which is where the tip of the spear would be anyway. So it seems, unless I am mistaken, that this would be a bit of a red herring. Giving lip service to nullifying the NDAA, but effectively doing nothing. If I am mistaken then could someone else clarify?

          • Ter8oma

            Statues have language? Didn’t know that. Do they talk to you? I agree with you anyway.

          • Scott Sourile

            To me, it reads that they are not required too. But I don’t think they can “prohibit” cooperation. Not without specifics, because there is still a need for certain cooperation for real issues. Such as cooperation between local police and FBI in a high profile case. But I’m not a lawyer, and I don’t know if the above is the complete excerpt or not.

  • Scott Sourile

    I like seeing this stuff. Gives me hope again. Stay positive my friends.

  • Ctrl-alt-del

    Brown is an enigma. He signs a good bill like this, while at the same time signing every anti-gun bill that crosses his desk. As a California transplant, I love the natural beauty of this state but the politics here make me want to vomit.

    • RonWillison

      Brown is a crafty really experienced career politico who sees the signs and knows that any public elected official at any level that fights the repeal of that treason will be if lucky only handed a pink slip. If unlucky. An arrest warrant. Like it or not they had better undo that NSA PRIZM BS too.

  • Humberto Mérida


  • hotgrandma

    I can’t believe it. Makes me wish I lived there again, but only a little tiny bit.

  • Baja Artists

    Of all places! California… YES!

    • Our Gamehenge

      I hear ya. I figure it to be #46 on the list, just ahead of IL, NY, NJ, MD.

      Did you hear about this “secede” vote in NorCal recently? :

      • Baja Artists

        Sure did, IMO that would be a smart move. SO Cal is like a sponge. I wonder where the line is, any idea?

        • Our Gamehenge

          Humbolt county on up into southern Oregon. Like minded folk, I spent some time there …. good place. Looks like about 18-20 counties.

          • Baja Artists

            The State is just to big to handle. I’m So Cal, but it sure would be tempting….

        • RonWillison

          The last time it was talked about if memory serves my right. The counties north of Marin

  • John Galt

    They are trying to do to Ted Cruz what they have done to other patriots like Sarah Palin, Glenn Beck and those with conservative common sense.

    I don’t even watch mainstream media anymore. I stream alternative media from the internet.

    • Steve

      Glenn Beck is a traitor to all Americans whom believe in liberty and freedom. Please don’t give him any credit. Glenn is part of the problem. Sarah Palin?

      • Patriot from the nanny state

        Thanks ,Glenn Beck would sell his mom ,a sellout,who saw the money he could make from the patriot movement!after he was fired by msm,he laughed at Alex Jones and his exposure of dhs,fema camps !

    • Alan Batterman

      CONservatism and common sense are a contradiction of terms. Sarah Palin is a brainless ditz. Beck, Rush Limp-pole, and other right wing media hosts and FAUX NOISE are all full of crap. Cruz is an idiot.

      • joelferguson

        That’s funny, while your DemoKKKratic liberal socialist politicains skipped along to the Senate chambers and voted yea for NDAA and indefinite detention of American citizens w/o trial or any due process…

        the horrible evil teabaggers voted nay, like Ted Cruz, Rand Paul and the like.

        Alan, you show your true colors. It’s time to realize its your ideology that is the evil one.

  • Bermudaguy

    Layer aft6er layer? The constitution protects people from the NDAA in the 1st place. While under the present circumstances this makes sense, it shouldn’t be required.

    • RonWillison

      I agree. It almost makes you wonder who thought up that ndaa nonsense in the first place. What was really at the root?

      • Jack Leo

        Tyranny, pure and simple.

  • Cheryl Newcomb

    Way to go California. Now the rest of the Country should follow suit.

  • McDouche

    Does this nullification apply to state prisoners held for years in solitary confinement?

    According to the United Nations, extended solitary confinement constitutes torture.
    Certainly, medical studies and the testimony of former prisoners can
    attest to this fact. In California, 39% of prison suicide attempts are
    carried out among the 7% of inmates held in isolation.

    Jerry wants to be Prezzzzz?

    • O2say

      this sounds like a good thing, butt! 1 step forward, 2 steps back Jerry’s not a presidential consideration; he’s out of here, along with Pelosi and Boxer.

    • TBorNot

      They keep the worst of the worst gang members in solitary. The mistake was bringing them in alive for trial!

  • Steve

    Is Jerry and Hussien not speaking to each other any more? Perhaps a love spat? Hmm!

  • RonWillison

    Well I’ll be. There really is a God. In California no less The most liberal progressive state in the union. This is not an early April fools joke is it?

    • jwhitehawke

      Is he the guy that said I can go in the girls restroom and take a dump?

  • medic2003

    That is truly amazing that this little bit of Liberty came out of California. Be nice if they could grab their ears and pull their heads out of their butts on some other issues.

    • Chris Moschini

      Yeah we’re not all idiots out here. CA voters actually vote OK in the absence of heavy advertising. Basically any question or candidate with an ad campaign around it though, you can be sure something really stupid is about to come out of it.

  • Michael Lopez

    Does this mean I have to start going to church now?

    • Robin Parker

      What does that have to do with this article?

      • Egadsno

        It is a reference to thanking god but a statement of their personal beliefs (they do not regularly attend church and/or possibly do not believe in god, well that is my bet anyway)

        • Michael Lopez


  • CementCityBoy

    Are we sure this just isn’t away to turn the whole state in to a illegal alien sanctuary state?

  • jwhitehawke

    Is he the guy that said I can go in the girls restroom and take a dump?

  • tom

    If the feds start stealing people to disappear, do you think they are going to notify state govt? How is the state going to find out a citizen has been unarrested? They could just pull up at your house and grab you. You wouldnt be able to call anybody. and if your wife saw it, who would she say took you? duh…

  • azsdft

    Like they REALLY CARE about our Constitutional Rights! This from a Governor that will BAN ALL FIREARMS from his state if given half a chance! He’s such a P.O.S.
    Cementcity cowboy, I have a feeling you are spot on with your question…..

  • Jack Leo

    This legislation is virtually useless. It does NOTHING to stop the fed’s gross overreach and rape of American citizens’ rights. The bill needs to state that the california lawmen must be notified of, and will step in and facilitate, any federal arrest to insure fair treatment of the accused and ,if the federal agents are found to be doing anything unconstitutional, to arrest the federal agents.
    As it is currently written this bill does nothing to protect it’s states citizens.
    These politicians are pathetic and need to step up and seriously oppose NDAA and the feds, not just play politics. This is a hollow gesture.

    • Joe Eckstein

      Good points, maybe it will get noticed soon enough.

    • jamshaman

      What IF we send a copy to this to our local law enforcement agencies, especially the Sheriffs..

      • Glenn Mason



    • Tom223

      You are correct. California agencies should be actively looking out for the rights of the citizens here and arresting any federal agent violating the constitutional rights of individuals.

  • toma kay

    All this does is prohibit interference with the Fed as they round up anyone they wish. Sounds more like compliance rather than due process. Seems to be a mechanism for washing hands when things get dirty.

    • Khan Farshatok

      no its clear that they just dont have the balls to do with this like what missouri is going to do with cannabis legalization. missouris up coming bill to legalize cannabis will also make it a felony crime for anyone both local or federal employees to enforce any prohibition laws of cannabis and make it the duty of any local or state officer of the law to defend with any force necassary the rights of the citizens of the state.

  • Chris Steiner

    The states must charge the traitors who voted to pass the NDAA, Eric Holder for suing to sustain sections 1021 and 1022, and the three judge panel who just ruled against Chris Hedge’s suit. They all have breached their fiduciary responsibilities, committed treason, misprision of treason and of duty.

    • jwclark

      Yes, use the courts. Pass laws that will require state’s and local prosecutors to try violatiors of the Constitution(s). The courts are used by the state and federal governments every day to try citizens—and for petty crimes! Why not go after the big boys. Make that policy.
      The whole thing is upside down anyway. Only something radical will work at this point. The crisis is too grave for this soft legislation. JWC

  • n6242

    Looking over comments below, different interpretations and understanding of this bill need clarification. Love how bills under this administration continue to change the fabric of America…they appear to keep hidden agendas with these bills when they are understood 20 different ways. Representing the people, they are not doing their job in keeping bills misunderstood.

  • MyLocator ®

    Nice if he’d sign a bill to stop the indefinite detention/kidnapping of children from families caused by cps /dcfs/courts as they violate the constitution in every way imaginable.

  • Lou

    How do we get rid of Jerry Brown or at the VERY least have him uphold our laws? As it stands now illegals have more rights then we do. Now the sit on a jury think about that!! Arrest this man!!!!!!!!!!

  • ForTehNguyen

    probably the only thing good Moonbeam has done. Dunno how moonbeam will enforce it though

  • FreeMind USMC

    This is GREAT to hear. 1 down and 49 states to go!!! But why the heck was the first stated to do this friggin California! :(

  • Chuck Robey

    Hell has frozen over Moonbeam did something on the side of the Constitution for once

    • DMChoreographer

      According to PANDA leader; Daniel Johnson, the bill signed into law in California was nothing more than window dressing…..See the YouTube video for a full explanation…The 2012 NDAA – The Most Dangerous Law Since the Civil War

  • Bruce Keyes

    FU@$ all democrat traitors to freedom and the will of the American people

  • Rich Grise

    I wish he were as adamant about the rest of the Constitution, like the Right to Keep and Bear Arms.

  • DMChoreographer

    According to PANDA leader; Daniel Johnson, the bill signed into law in California was nothing more than window dressing…..

  • John Hancock

    At the rate the Federal Government is becoming a threat to America I can see a need for individual States to have their own military now.

  • Adams Lives!

    The problem with (IMO) this is the language – “Any person within the state of California”. This includes those who are here illegally and committing terrorist activities. It is not written for citizens, but for any and all in the state for any purpose. Forgive my cynicism, but it strikes as another opportunity to avoid deporting those here illegally. Remember, California offers sanctuary to illegals. This strikes me as a way to protect them from deportation, among other things.

  • MatthewCooke

    Does this apply to the thousands of americans in prison who have yet to get a trial? Pleas bargains are in the 93%. And the average wait for a trial if you do get one is 3 months.

  • poof

    Looks like a ploy to get re-elected to me.If the fed comes in the middle of the night and picks up a person,what is the state going to do about it?On the surface it looks like the gov of Cali is waving the flag in one hand,and the constitution in the other.But this serves no purpose.If the fed wants you,they will get you.

  • heinrich6666

    I’m in favor of nullification at this point in time, though the rationale being offered is a joke. There is no way that nullification is ‘constitutional’. It is *unconstitutional* and amounts to civil disobedience. But that doesn’t mean it shouldn’t be done.

    • Dave

      How is nullification of a policy which is unconstitutional, unconstitutional?

      • heinrich6666

        Breaking an unjust law is still breaking the law. There is no provision in the constitution allowing for the elective adoption (or rejection) by the States of federal provisions. See James Madison’s letter to Daniel Webster where he states the US Constitution is adopted by the States *in toto*.

        • Guest

          The Constitution nullifies indefinite detention without needing the states. They are simply reaffirming that fact.

  • Jerry Harlan

    However we wont give the people the right of the second amendment.

  • Grammarian

    lots of typos in this report

  • cherie

    Jerry Brown appointed Beverly wood to be family judge NY knowing that she give our innocent children to rapist child abusers and fugitives like her and her husband sham on u jerry brown

  • ninjaTED

    I’m glad CA is getting down with the Bill of Rights. I’m sure that any minute they’ll start rethinking their stance on the 2nd. …or, am I misreading this?