STATE TO FEDS: WE WON’T COOPERATE
A Virginia proposal that declares state workers and resources will be unavailable should Barack Obama decide to exercise provisions in the newest National Defense Authorization Act regarding the detention of U.S. citizens has begun moving forward again.
House Bill 1160 was adopted by lawmakers last month, and the deadline for Gov. Bob McDonnell to address the controversy arrived last night. A spokesman in his office told WND today the governor recommended some adjustments to the proposal, and its chief sponsor in the statehouse says those will be made, and it then is expected to become law.
The bill addresses several obscure sections of the NDAA of 2012, which was signed into law by Obama in December. Those sections appear to allow unlimited detentions by U.S. military forces and federal law enforcement agencies of even U.S. citizens without charges or a court hearing.
The federal plan targets citizens who are classified as belligerents, or who are suspected of involvement in terrorist activities, and the chief sponsor of the Virginia plan, Delegate Bob Marshall, told WND that he was alarmed to find out that Obama specifically had wanted that section included in the law.
Marshall contends the federal law deprives citizens of the rights they are guaranteed under the U.S. and Virginia constitutions. Virginia’s detention prevention bill was adopted by wide margins, 37-1 and 96-4, in both houses of the general assembly.
Jeff Caldwell, a spokesman for McDonnell, today release a statement that explained what is going on.
“Over the past few weeks, Governor McDonnell has heard from a number of Virginians regarding House Bill 1160, sponsored by Delegate Bob Marshall. During the consideration of this legislation and since its passage, he has expressed both the shared concern that Virginia does not participate in the unconstitutional detention of U.S. citizens and the desire that this legislation does not impact legitimate law enforcement activities.
“Preserving public safety is the foremost priority of any government. Every day, state and local law enforcement personnel work together and work with the federal government to keep Virginians safe by fighting crime, responding to emergencies, and combating terrorism. The governor believes we must encourage and promote these collaborative efforts while ensuring that core constitutional principles enjoyed by all U.S. citizens are respected. He believes these standards are expected by all Virginians and want to take appropriate steps to reaffirm that position. In the governor’s view, this legislation now accomplishes that goal.
“Since the legislation’s passage, staff has worked with the patron to come up with amendments that will achieve the goal of not supporting unconstitutional detentions while preserving the ability of law enforcement and our state defense forces to carry out their responsibilities. The amendments Governor McDonnell sent down achieve those goals, and Delegate Marshall has expressed his support for them. The governor hopes the General Assembly will support them, as well.”
Marshall told WND that the governor had a couple of minor technical amendments, and then also wanted to address the need on occasion for a joint operation with the federal government on any of a number of possible issues.
When a U.S. senator noted that the federal plan originally included a provision preventing the president from detaining people, the “White House asked that that be removed. Obama then says ‘I won’t use this ability.’ … That’s odd. That’s troubling,” Marshall said.
