Petition to US House Representatives and Senators

Repeal Sections 1021 and 1022 - "the mandatory military detention" and "indefinite detention" provisions of the National Defense Authorization Act of 2012

Whereas: Congress has enacted the National Defense Authorization Act of 2012 (NDAA), thereby codifying indefinite military detention without charge or trial for the first time in our Nation’s history.

Whereas: President Obama signed the Act into law New Year’s Eve with a signing statement that said; “The fact that I support this bill as a whole does not mean I agree with everything in it. In particular, I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.”

Whereas: The powers contained within the NDAA are Unconstitutional, violate our American traditions of Liberty, due process, and the rule of law.

Whereas: The NDAA declares the entire United States to be a ”battlefield” upon which U.S. military forces can operate with impunity, overriding Posse Comitatus and granting the military the unchecked power to arrest, detain, interrogate and even assassinate U.S. citizens.

Whereas: The NDAA gives to the Department of Defense, law enforcement, prosecutorial, investigative, and detention authority and responsibility now held by Civil Authorities and accountable to Civil Judges.

Whereas: Congress has granted to the President the lawful means to take away the Life and Liberty of U.S. Citizens based solely on suspicion.

Whereas: This statute can be used by this and future presidents to militarily detain American citizens now that the United States is considered a “battlefield.”

Whereas: Policing the United States of America by the Armed Forces of the United States, as purportedly authorized by the 2012 NDAA, overturns the Posse Comitatus doctrine and is repugnant to a free society.

Whereas: Sections 1021 and 1022 of the 2012 NDAA as they purport to authorize, 1) detainment of persons captured within the United States of America without charge or trial, 2) military tribunals for persons captured within the United States of America, and 3) the transfer of persons captured within the United States of America to foreign jurisdictions, are violative of the following rights enshrined in the Constitution of the United States of America;

• Article I Section 9, Clause 2’s right to seek Writ of Habeas Corpus;
• The First Amendment’s right to petition the Government for a redress of grievances;
• The Fourth Amendment’s right to be free from unreasonable searches and seizures;
• The Fifth Amendment’s right to be free from charge for an infamous or capitol crime until presentment or indictment by a Grand Jury;
• The Fifth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law;
• The Sixth Amendment’s right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the State and District where the crime shall have been committed;
• The Sixth Amendment’s right to be informed of the nature and cause of the accusation;
• The Sixth Amendment’s right confront witnesses;
• The Sixth Amendment’s right to Counsel;
• The Eighth Amendment’s right to be free from excessive bail and fines, and cruel and unusual punishment;
• The Fourteenth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law;
  

I THEREFORE DEMAND that you to repeal sections 1021 and 1022 - "the mandatory military detention" and "indefinite detention" provisions of the National Defense Authorization Act of 2012.