The State of Virginia passed legislation that went into effect July 1, 2012 making detention and denying rights of due process of a citizen of this state illegal. If this is indeed a detention under the NDAA, the local police violated State law.
HB 1160, the amended bill, would prevent the use of any state agency or member of the Virginia National Guard or Virginia Defense Force to participate in the unlawful detention of a citizen of Virginia by the U.S. government in violation of the state and federal constitution as set forth in the National Defense Authorization Act (NDAA). The Senate vote completed legislative action on the bill, which had already been approved by Virginia's House of Delegates where it was introduced by Delegate Bob Marshall.
Remember also, a federal judge has enjoined the Obama administration from detaining a US citizen on US soil. The judge is in the process now of verifying whether or not Obama is honoring the injunction. The Obama administration is dragging its feet, no surprise there.
Judge Forrest concluded that the Section “…failed to ‘pass Constitutional muster’ because its broad language could be used to quash political dissent.” In a statement clearly directed to lawmakers, she added, ”Section 1021 tries to do too much with too little – it lacks the minimal requirements of definition and scienter that could easily have been added, or could be added, to allow it to pass constitutional muster.” That is, Congress failed—perhaps deliberately– to define “substantial support” of terrorist groups or describe those activities which might be construed as crossing the legal line.
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