Emmett, Idaho, Nullifies Indefinite Detention of NDAA

By:  Joe Wolverton, II, J.D.
Emmett, Idaho, Nullifies Indefinite Detention of NDAA

Another American town has decided its citizens will not be denied due process by the president of the United States.

By a vote of 5-1, the city council of Emmett, Idaho, passed a resolution last month prohibiting the enforcement of Sections 1021 and 1022 of the 2012 National Defense Authorization Act (NDAA).

As readers are likely aware, those particular provisions of the NDAA subject citizens of the United States to indefinite detention in a federal prison upon suspicion by the president and unnamed “high-level security advisors” of aiding enemies of the state.

The Emmet measure — the Restoring Constitutional Governance Resolution — not only explicitly bans the offensive parts of the NDAA, but effectively nullifies any applicable “laws of war” (the Authorization for the Use of Military Force, for one) that designate Emmett and every other city and town in America a “battlefield” in the War on Terror.

Freeing themselves from such tyranny was not enough for the Emmett City Council, however, as the resolution calls upon the Idaho state legislature to take similar steps to stop the enforcement of the NDAA at the borders of the Gem State. Additionally, the measure encourages the state’s federal representatives to sponsor congressional bills repealing the relevant acts.

The hour is urgent. It is vital to remember the history of the enactment of these unconscionable and unconstitutional provisions and to remind lawmakers of their obligation to prevent them from being imposed upon the people they represent.

On December 31, 2011, with the president's signing of that law, the writ of habeas corpus — a civil right so fundamental to Anglo-American common law history that it predates the Magna Carta — is voidable upon the command of the president of the United States. The Sixth Amendment right to counsel is also revocable at his will.

One of the most noxious elements of the NDAA is that it places the American military at the disposal of the president for the apprehension, arrest, and detention of those suspected of posing a danger to the homeland (whether inside or outside the borders of the United States and whether the suspect be a citizen or foreigner). The endowment of such a power to the president by the Congress is nothing less than a de facto legislative repeal of the Posse Comitatus Act of 1878, the law forbidding the use of the military in domestic law enforcement.

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Photo of Emmett, Idaho

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