Nevada State Senator Introduces Anti-NDAA Legislation to Fight Indefinite Detention

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Nevada State Senator Don Gustavson introduced a bill in the Nevada State Legislature on Dec. 9, 2012 in an attempt to push back against the National Defense Authorization Act (NDAA).

The bill, BDR 728, also known as the Nevada Liberty Preservation Act, is an effort to preserve the right to due process, formerly protected by the Constitution and later stripped away by Sections 1021 and 1022 of the NDAA (a fact which was confirmed in federal court in a landmark ruling that was quickly overturned in an appeals court).

Both the 2012 and 2013 versions of the NDAA include the indefinite detention provisions. In fact, the newest version makes it even easier to indefinitely detain Americans without charge or trial.

It is unclear at this point if the bill is aimed at fighting the specific version of the NDAA signed into law on December 31, 2011, known as the National Defense Authorization Act for Fiscal Year 2012, or the 2013 NDAA.

That being said, the press release from the Nevada chapters of People Against the National Defense Authorization Act (PANDA) solely mentions the 2013 NDAA and the 2013 version has not yet been signed into law.

The press release, authored by Chris Corbett of Reno PANDA, mentions the fact that the 2012 NDAA was “overwhelmingly passed by Congress.” The 2013 NDAA, unlike the 2012 NDAA, passed the Senate unanimously with only two abstentions.

Currently, the 2013 NDAA is being finalized in the Senate and House Armed Services Committees, with Senator Carl Levin, chairman of the Senate Armed Services Committee, announcing that the committee completed their conference on Dec. 18.

“The same day, Rep. Howard McKeon, R-Calif., announced he would file the conference report on behalf of the conferees this evening to accompany the NDAA,” Biomass Magazine reported on Dec. 19.

The anti-NDAA effort in Nevada involved three PANDA chapters working together to gather support for the initiative in the Nevada Legislature.

“We are working hard every day to restore the rights of every Nevadan, and will work tirelessly until we have succeeded,” said Daphne Lee, head of the Clark County PANDA chapter.

“I appreciate the community support backing up our efforts and the courage of those members of our governing bodies who are willing to actively protect the constitutional rights of their constituents,” said Chris Corbett, the Nevada State Coordinator for PANDA.

“We need to restore the Constitutionally protected right to due process for every American,” Corbett added.

“While introduction of BDR 728 marks a major milestone, the group has also made significant progress at the City and County levels,” stated Corbett’s press release.

In addition, the press release adds that in the first quarter of 2013, efforts to nullify the NDAA will be on the agenda for both the Washoe County Commission and the Reno City Council.

While these aren’t efforts carried out at the national level, they are still vitally important, especially since attempts to shut down the legislation in federal courts have already been shot down, as mentioned above.

You can keep track of various efforts to nullify the NDAA across the United States thanks to the resources provided by the Tenth Amendment Center.

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