Not long ago I contacted you about some concerning provisions of the NDAA. You wrote back justifying your vote of support.
Since that time more concerns have been raised about the NDAA, which essentially declared all American soil a “war zone”. The bill sanctioned the illegal powers that this President and the former President claimed to possess. It is unconstitutional and dangerous to use the military to kidnap and imprison anyone the President chooses. Although the points you made are valid, the bill still allows too much ambiguity that could be used against otherwise law-abiding citizens who a bureaucrat may feel is “connected” with a “suspected terrorist”.
I know you and I disagree on this point, and I respect that we can agree to disagree.
Luckily, the 2013 NDAA bill is upcoming! Unfortunately, it does not repeal the “legalized kidnapping” provisions of the 2012 NDAA. However, I believe the Smith-Amash Amendment would resolve our differences.
The Smith-Amash Amendment:
- bans so-called “indefinite detention” (kidnapping) on American soil. Those arrested MUST be charged or tried.
- terminates the use of military commissions for those detained on U.S. soil. Instead, they would enjoy the DUE PROCESS rights provided in the Constitution and would be tried in regular federal criminal courts.
- prevents civilian law enforcement from transferring U.S. suspects to the military for indefinite detention.
- clarifies that neither the 2012 NDAA or the 2001 Authorization to Use Military Force gives the military authority to detain persons on U.S. soil.
- repeals Section 1022 of the 2012 NDAA, which REQUIRES the military to put some civilian suspects into military detention.
Constitutional procedures protect ALL persons in the United States, not just American citizens. That’s because human rights are “pre-constitutional.” (http://tinyurl.com/7utzq35)
The Smith-Amash Amendment is the ONLY one that addresses my concerns with the 2012 NDAA. It restores due process rights to citizens and non-citizens alike.
It is my hope that you’ll find the Smith-Amash Amendment to be well constructed and help mend the divide that your support of the 2012 NDAA bill created between you and many of your constituents (myself included).
I do not consent to being governed under the provisions of the 2012 NDAA. Please support the Smith-Amash Amendment to the 2013 NDAA.
With respect, I await your response,
– Joe Levi, Precinct Chair, SY08
a cross-discipline, multi-dimensional problem solver who thinks outside the box – but within reality™
May 17, 2012