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KEEF
10-02-2013, 12:49 PM
BREAKING: CALIFORNIA NULLIFIES NDAA INDEFINITE DETENTION 3 hours ago | Politics (http://benswann.com/category/politics/), US (http://benswann.com/category/politics/us/) | Posted by Michael Lotfi

October 2, 2013


58 (http://benswann.com/breaking-california-nullifies-ndaa-indefinite-detention/?utm_source=newsletter&utm_medium=text&utm_campaign=nl#)
http://benswann.com/wp-content/uploads/2013/10/Brown.jpg (http://benswann.com/wp-content/uploads/2013/10/Brown.jpg)California Governor Jerry Brown Signs NDAA Indefinite Detention Nullification Bill Into Law

Assembly Bill (AB) 351 (http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB351)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 (http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB351) 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.

http://benswann.com/breaking-california-nullifies-ndaa-indefinite-detention/?utm_source=newsletter&utm_medium=text&utm_campaign=nl

Aratus
10-02-2013, 12:50 PM
coooooooooooooooooooooooooooooool

Bern
10-02-2013, 01:02 PM
California might be the last state in the union that I would have guessed to be one of the first to pass this kind of legisation.

limequat
10-02-2013, 02:20 PM
Which are the other 2 states?

Aratus
10-02-2013, 02:22 PM
normally you'd think AZ or NH or ME did so thusly i opine

FSP-Rebel
10-02-2013, 02:26 PM
385500761129365504

FSP-Rebel
10-02-2013, 02:27 PM
normally you'd think AZ or NH or ME did so thusly i opine
Pretty sure NH did this a year or two ago.

guess not

Keith and stuff
10-02-2013, 02:30 PM
normally you'd think AZ or NH or ME did so thusly i opine
Sadly, no start has nullified it. I don't know if any state will. CA passed a law saying that CA government workers are prevented from knowingly helping the federal government.

This is from the new CA laws.

(2) Paragraph (1) does not apply to participation by state or local law enforcement or the California National Guard in a joint task force, partnership, or other similar cooperative agreement with federal law enforcement if that joint task force, partnership, or similar cooperative agreement is not for the purpose of investigating, prosecuting, or detaining any person pursuant to (A) Sections 1021 and 1022 of the NDAA, (B) the federal law known as the Authorization for Use of Military Force (Public Law 107-40), enacted in 2001, or (C) any other federal law, 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.

So as long as the federal government doesn't tell each individual CA state government worker upfront that their help is requested for the purposes of holding someone in jail indefinitely, this new law doesn't seem to apply at all.

It's a great stop. And I'm very happy about it. I even +Rep the OP. Unfortunately, it doesn't seem to even pretend to hold any teeth :(

BarryDonegan
10-02-2013, 04:38 PM
Such a huge victory! We honored this achievement with our Rebel of the Week award on the blog.

http://silverunderground.com/2013/10/ca-governor-signs-bill-nullifying-ndaa-indefinite-detention/