All posts by Dan Johnson

Two Cities Stop NDAA Indefinite Detention, Even for Feds

On December 31st, 2011, President Barack Obama signed the 2012 National Defense Authorization Act (NDAA) which, besides providing funding for our troops, authorized the indefinite detention of any person, including American citizens, on U.S. soil.

Some cities however, aren’t taking that lying down.

Last week, two cities, Albany, NY and Oxford, MA, passed resolutions clarifying that the “law of war,” and anything associated with it under Section 1021 (c) of the 2012 NDAA or otherwise, is unlawful to implement by any person…which includes everyone from international police forces (such as INTERPOL) and Federal agents to state and local police.

The Oxford, MA resolution states:

“…it is unconstitutional, and therefore unlawful for any person to:

a. arrest or capture any person in Oxford, or citizen of Oxford, within the United States, with the intent of “detention under the law of war,” or

b. actually subject a person in Oxford, to “disposition under the law of war,” or

c. subject any person to targeted killing in Oxford, or citizen of Oxford, within the United States;…”

Although one might expect a resolution targeted at the actions within the 2012 NDAA to specifically mention the law, the result of these resolutions is interposition against the “law of war,” the backbone of indefinite military detention, torture, and extrajudicial execution in America. The result of these resolutions is not just noncompliance, but interposition.

In Oxford, MA and Albany, NY, no local, state, federal, or international agent can now implement the 2012 NDAA, any federal or international law, or any state law that attempts to apply the law of war, except to those serving in the military which it is typically applied to, inside the city. If they attempt to, local officers must intervene, or “interpose,” to stop the citizen’s Constitutional rights from being violated.

Both resolutions passed with overwhelming support from a vast nonpartisan coalition of activists, supported by People Against the NDAA (PANDA), including the Patriot Coalition, Project SALAM, Occupy Albany, the Worcester Tea Party, Campaign for Liberty New York, and many other organizations. In Oxford, the people voted overwhelmingly for this “Restoring Constitutional Governance (RCG)” resolution, and the Albany Common Council voted a similar resolution in 11-0.

PANDA Massachusetts State Team Leader Benjamin Selecky noted that the job is not quite done:

“As we celebrate the victory, let us not lose sight of the long road ahead of us.  There is work that still needs to be done, but together, we will restore constitutional governance to the Commonwealth of Massachusetts.”

He is right. Legislatively, the job is accomplished. However, a resolution, like any law, is just a piece of paper unless it is enforced. PANDA plans to not only approach local peace officers with the resolution, but to set up a citizen-based “Rapid Response Team” in both cities to watch over the implementation of this resolution.

This approach of defying unConstitutional Federal authority is now starting to take hold across the nation. Just last month, Klamath County, Oregon issued a proclamation using the exact same language as the RCG resolution, and over the next few weeks it will be introduced in several towns and cities in Massachusetts, Oregon, and around the country.

This tidal wave of cities standing up for their citizens’ rights is part of PANDA’s Take Back the Town Campaign, a decentralized approach to blocking one of the most egregious laws in America. This “Take Back” packet, provided by PANDA, gives any person all the tools they need, including the support of the leading Anti-NDAA organization in America, to stop NDAA indefinite detention in their own city.

You can download that packet here:

Whether through NSA wiretaps or extrajudicial executions, the United States government continues to overstep its boundaries. Yet if this fight against the NDAA is any indication, America’s cities might not take it lying down.