By Johnny Liberty

The USA Patriot Act was enacted following the September 11, 2001 (911) and the Anthrax attacks upon selected political officials. The Act was signed into law by U.S. President George W. Bush with the stated goal of dramatically tightening “national security”, particularly as it related to “foreign terrorism”. However, as is self-evident today,  this Act had far reaching consequences for liberty-minded “citizens of the United States” as well. 

Various provisions of the initial version were modified and extended until it expired in 2019 due to the USA Freedom Act of 2015. In 2020, amendments to the initial act was passed by the legislature.

Guantanamo Bay, An Affront to the Rule of Law

The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base on the coast of Guantánamo Bay, Cuba. Of the 780 inmates incarcerated there since January 2002 when the military prison first opened after the September 11, 2001 attacks, 731 have been transferred elsewhere, 39 remain there, and 9 have died while in custody.

George W. Bush authorized Guantanamo Bay as a permanent detention center for suspected terrorists beyond the rule of law. Bush authorized enhanced interrogation techniques and torture for suspected terrorists at Guantanamo Bay.

  Indefinite detention without trial and torture led the operations of this camp to be considered a major breach of human rights by Amnesty International, and a violation of the Due Process Clause of the 5th and 14th Amendments of the U.S. Constitution.

National Defense Authorization Act (NDAA)

U.S. President Barack Obama signed the National Defense Authorization Act of 2012 into law. Section 1021, clause “b” article 2 defines a “covered person” or “terrorist” as someone subjected to martial law, as the following: “A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.” 

Additional text in Section 1021, Paragraph e, defined the scope of said authority of the military with the text, “Nothing in this section shall be construed to affect existing law or authorities relating to the detention of U.S. citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.” 

Michigan Governor Signs Anti-NDAA Bill into Law

With a few pen strokes, Governor Rick Snyder (MI) took the first step in getting the Great Lakes State out of the indefinite detention business. This signed bill prohibits any state agency in Michigan from cooperating with the U.S. military if it attempts to indefinitely detain a U.S. citizen without due process.

SB094 bars any state agency, employee, agency of a political subdivision of the state and members of the Michigan National Guard from aiding “an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to section 1021 of the national defense authorization act for fiscal year 2012, if such aid would place that state agency, political subdivision, employee, or member of the Michigan national guard in violation of the United States constitution, the state constitution of 1963, or any law of this state.”

The bill unanimously passed the Michigan Senate 37-0 and gained House approval 109-0. Michigan, thereby, joins Virginia, California and Alaska.

References:

1. Wikipedia | USA Patriot Act.
2. Wikipedia | Guantanamo Bay detention camp.
3. Wikipedia | National Defense Authorization Act (NDAA).
4. Tenth Amendment Center | First Step Towards Nullification: Michigan Governor Signs Anti-NDAA Bill; Tenth Amendment Center | The 10th Amendment: Sovereignty of the People of the Several States; Tenth Amendment Center | A Few Thoughts On Liberty And Sovereignty; About | Ninth Amendment Supreme Court Cases.

Source: Sovereign’s Handbook by Johnny Liberty (30th Anniversary Edition), Volume 1 of 3, p.200 – 201

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