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HomeMy WebLinkAboutResolutions - 2012.10.18 - 20590REPORT (MISC. #12208) October is, 2012 BY: GENERAL GOVERNMENT COMMITTEE - Christine Long, Chairperson RE: MR #12208 - BOARD OF COMMISSIONERS - SUPPORT FOR THE PRESERVATION OF LIBERTY AND HB5768 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on October 8, 2012 hereby recommends that the resolution be amended as follows. MISCELLANEOUS RESOLUTION #12208 BY: Commissioner Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR THE PRESERVATION OF LIBERTY AND 1-11157-68 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Congress of the United States passed the National Defense Authorization Act, 2011 P.L. 112- 81, ("2012 NDAA") for Fiscal Year 2012 on December 15, 2011; and WHEREAS the President of the United States of America signed the 2012 NDAA into law on December 31, 2011; and WHEREAS Section 1021 of the 2012 NDAA purports to authorize, but does not require, the President of the United States to utilize the armed forces of the United States to detain persons the President suspects were part of, or substantially supported, AI-Qaeda, the Taliban, or associated forces; and WHEREAS Section 1021 of the 2012 NDAA purports to authorize, but does not require, the President of the United States, through the Armed Forces of the United States, to dispose of such detained persons according to the Law of War, which may include but is not limited to: (1) indefinite detention without charge or trial until the end of hostilities authorized by the 2001 Authorization for Use of Military Force Against Terrorists, 2001 P.L. 107-40, (2) prosecution through a Military Commission, or (3) transfer to a foreign country or foreign entity; and WHEREAS Section 1021 of the 2012 NDAA seeks to presew in the United States, but does not specify what tec or its coalition partners, oh hostilities in aid of WH-- ERAQ Section 1022 of the 2012 NDAA requires the Armed Forces of the United States to detain, USII-1441=1-aGGGRA-1-14G1 support to, terrorism or belligerent-a- -e-*• •- -•. -e — , --e •e A 9.-e- e -• associated force; and WHEREAS The exemption for citizens of the United States in Section 1022 of the 2012 NDM only exempts them from a requirement to detain and reads as follows, "The requirement to detain- a-person in military WHEREAS Unlike Section 1022 of the 2012 ND WHEREAS the specific exclusion of application to United-St in Section 1022 of the 2012 NDAA, and the absence of such exclusion in Section 1021 of the NDAA, strongly implies that the provisions of Section 1021 are intended to apply to all people, including United States citizens a-nd-law WHEREAS the-Office-of-the-Presi of Military Force Against ng-United States-Citiz-ens and lawful resident-aliensr-captured in the United States; and GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Nash absent. Cr. REAS 0110C1U EX9-FAX--1-146-641 the original 2012 NDAA provided hat section 1021 (then section 1031 prior to nal araruna catun ilIFOCILJGEO an an ••• • ..... e e ee 11-Gefl-R-Re-Gele-1411-04R-19 tizens, which was INU not ErR CZ) 9-6 ofi-rae-Fe-F19-9veci-i-Fem-m-e e N-DA45.:--and •e e- • - •-e- esiaent or me DAA rejected by a vote of 38 60; and colloquies on the floor of the United States Senate that Section 1021 of th indefinite detention of United States Citizens-captured within the United States b United-States; and WHEREAS United Sta Senate that the United States ho WHEREAS policing the United States of Americae • - A A o * ••-•••* States, as purportedly authorized by the 2012 NDAA, overturns the Posse Comitatus doctrine and is repugnant to a free society; and WHEREAS Section 1021 of the NDAA may be interpreted to also effectively repeal the post reconstruction Posse Comitatus Act forbidding the Armed Forces from exercising a policing function within the United States; and WHEREAS Sections 1021 and 1022 of the 2012 NDAA as they purports to authorize, 1) detainment of persons captured within the United States of America without charge or trial, 2) military tribunals for persons captured within the United States of America and 3) the transfer of persons captured within the United States of America to foreign jurisdictions are violative of many of the rights enshrined in the Constitution of the United States of America; and within the United States of America and 3) the-tr America to foreign jurisdictions, is repugnant to the rig-h - • • • •e .• ••L.'•-•.e.• -e• " ioni-and WHEREAS the members of this Oakland County Board of Commissioners have taken an oath to uphold the Constitution of the United States of America and the Constitution of the State of Michigan; and WHEREAS the Oakland County Board of Commissioners opposes any and all unconstitutional rules, laws, regulations, bill language or executive orders, which amount to an overreach of the federal government and which effectively take away civil liberties; and WHEREAS it may be presumed that certain threats such as terrorism exist, and that appropriate and constitutional law must be used to defeat such threats, however, winning the war against such threats cannot come at the greater expense of mitigating basic, fundamental, constitutional protection of our natural and God- given rights, the very foundation of our Republic, our liberty and our safety; and WHEREAS undermining our own unalienable rights serves only to concede to the terrorists' demands of changing the fabric of what has made the United States of America a country of freedom, liberty and opportunity and makes us more vulnerable to the enemies of our Constitution, Liberty and safety, foreign and domestic. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners condemns in no uncertain terms Sections 1021 and 10.'2 of the 2012 NDAA as they it purport-to 1) may repeal Posse Comitatus and authorize the President of the United States to utilize the Armed Forces of the United States to police the United States of America, 2) authorize the indefinitely detain detention of persons captured within the United States of America without charge until the end of hostilities as purportedly authorized by the 2001 Authorization for Use of Military Force, 3) subject persons captured within the United States of America to military tribunals, and 4) authorize the transfer of persons captured within the United States of America to a foreign country or foreign entity. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners finds that the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act of 2012, Public Law Number 112 81, is inimical to the liberty, security and well-being of the people of Oakland County and was adopted by the United States Congress in violation of the limits of federal power in the United States Constitution. BE IT FURTHER RESOLVED that all agencies of Oakland County are encouraged to decline unconstitutional requests by federal agencies acting pursuant to . • e - "e• ee of Sections 1021 and 1022 of the National Defense Authorization Act of 2012 that could infringe upon residents' United States or Michigan constitutional rights, freedom of speech, religion, assembly, privacy, rig-hts-to counsel, or other ically powerful domestic enemies of the Constitution. BE IT FURTHER RESOLVED that copies of this Resolution be immediately transmitted to Barack Obama, President of the United States, the President of the U.S. Senate, the Speaker of the US. House of Representatives, each member of Congress from Michigan, to John Roberts, Chief Justice of the United States Supreme Court; each justice on the United States Supreme Court; Michigan Governor Rick Snyder, Attorney General Bill Schutte, each justice on the Michigan State Supreme Court, and the Michigan State House Speaker and Senate Majority Leader. Chairperson, I move the foregoing resolution. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #12208 BY: Commissioner Jim, Runestad, District 46 IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR THE PRESERVATION OF LIBERTY AND HE 5768 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Congress of the United States passed the National Defense Authorization Act, 2011 P.L. 112-81, ("2012 NDAA4') for Fiscal Year 2012 on December 15, 2011; and WHEREAS the President of the United States of America signed the 2012 NDAA into law on December 31, 2011; and WHEREAS Section 1021 of the 2012 NDAA purports to authorize, but does require, the President of the United States to utilize the armed forces of the United States to detain persons the President suspects were part of, or substantially supported, al-Qaeda, the Taliban, or associated forces; and 'WHEREAS Section 1021 of the 2012 NDAA purports to authorize, but does not require, the President of the United States, through the Armed Forces of the United States, to dispose of such detained persons according to the Law of War, which may include but is not limited to: (1) indefinite detention without charge or trial until the end of hostilities authorized by the 2001 Authorization for Use of Military Force Against Terrorists, 2001 P.L. 107-40, (2) prosecution through a Military Commission, or (3) transfer to a foreign country or foreign entity; and WHEREAS Section 1021 of the 2012 NDAA seeks to preserve existing law and authorities pertaining to the detention of United States citizens, lawful resident aliens of the United States, and any other person captured in the United States, but does not specify what such exi.sting law or authorities are; and WHEREAS Section 1021 of the 2012 NDAA purports to enlarge the scope of the those persons the Office of the President may indefinitely detain beyond those responsible for the September 11, 2001 terrorist attacks, and those who harbored them, as purportedly authorized by the 2001 Authorization for Use of Military Force Against Terrorists, to now include "[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;" and WHEREAS Section 1022 of the 2012 NDAA requires the Armed Forces of the United. States to detain, pending disposition according to the Law of War, any person involved in, or who has provided substantial support to, terrorism or belligerent acts against the United States, and who is a member of Al-Qaeda or an associated force; and WHEREAS The exemption for citizens of the United States in Section 1022 of the 2012 NDAA only exempts them from a requirement to detain and reads as follows, The requirement to detain a person in military custody under this section does not extend to citizens of the United States"; and WHEREAS Unlike Section 1022 of the 2012 NDAA, Section 1021 makes no specific exclusion for United States citizens and lawful resident aliens for conduct occurring within the United States; and WHEREAS the specific exclusion of application to United States citizens and lawful resident aliens contained in Section. 1022 of the 2012 NDAA, and the absence of such exclusion in Section 1021 of the NDAA, strongly implies that the provisions of Section 1021 are intended to apply to all people, including United States citizens and lawful resident aliens, whether or not they are captured in the United States; and WHEREAS the Office of the President of the United States, under both the administrations of George W. Bush and Barak H. Obamp, has asserted the 2001 Authorization for the Use of Military Force Against Terrorists allows the Office OF the President to indefinitely detain without charge persons, including United States Citizens and lawful resident aliens, captured in the United States; and WHEREAS United. States Senator Carl Levin declared in colloquy on the floor of the United States Senate that the original 2012 NDAA provided that section 1021 (then. section 1031 prior to final drafting) specifically would not apply to United States citizens, but that the Office of the President of the United States had reouested that such restriction be removed from the 2012 NDAA; and WHEREAS during debate within the Senate and before thd passage of the 2012 COUP, United. States Senator Mark Udall introduced an amendment intended to forbid the indefinite detention of U.S. citizens, which was rejected by a vote of 38-60; and WHEREAS United States Senatcr John McCain and United States Senator Lindsey Graham declared in colloquies on the floor of the United States Senate that Section 1021 of the 2012 NDAA authorized the indefinite detention of United States Citizens captured within-, the United States by the Armed Forces of the United States; and WHEREAS United States Senator Lindsey Graham declared in colloquy on the floor of the United States Senate that the United States homeland is now part of "the battlefield"; and WHEREAS policing the United States of America by the Armed Forces of the United States, as purportedly authorized by the 2012 NDAA, overturns the Posse ComitaLus doctrine and is repugnant to a free society; and WHEREAS Sections 1021 and 1022 of the 2012 NDAA as they purport to authorize, 1) detainment of persons captured within the United States of America without charge or trial, 2) military tribunals for persons captured within the United. States of America and 3) the transfer of persons captured within the United States of America to foreign jurisdictions are violative of many of the rights enshrined in the Constitution of the United States of America; and WHEREAS Sections 1021 and 1022 of the 2012 NOAA as they purport to authorize, 1) detainment of persons captured within the United States of America without charge or trial, 2) military tribunals for persons captured within the United States of America and 3) the transfer of Persons captured within the United States of America to foreign jurisdictions, is repugnant to the rights enshrined in the Michigan Constitution; and WHEREAS the members of this Oakland County Board. of Commissioners have taken an oath to uphold the Constitution of the United States of America and the Constitution of the State of Michigan; and. WHEREAS the Oakland. County Board of Commissioners opposes any and all rules, laws, regulations, bill language or executive orders, which amount to an overreach of the federal government and which effectively take away civil liberties; and WHEREAS it may be presumed that certain threats such as terrorism exist, and that appropriate and constitutional law must be used to defeat such threats, however, winning the war against such threats cannot come at the greater expense of mitigating basic, fundamental, constitutional protection of our natural and God-given rights, the very foundation of our Republic, our liberty and our safety; and WHEREAS undermining our own unalienable rights serves only to concede to the terrorists' demands of changing the fabric of what has made the United States of America a country of freedom, liberty and opportunity and makes us more vulnerable to the enemies of our Constitution, Liberty and safety, foreign and domestic. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners condemns in no uncertain terms Sections 1021 and 1022 of the 2012 NDAA as they purport to I) repeal Posse Comitatus and authorize the President of the United States to utilize the Armed Forces of the United States to polic'e the United States of America, 2) indefinitely detain persons captured within the United States of Amorna witnout charge until the end of hostilities as purportedly authorized by the 2001 Authorization for Use of Military Force, 3) subject persons captured within the United States of America to military tribunals, and 4) transfer persons captured within the United States of America to a. foreign country or foreign entity. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners finds that the enactment into law by the United States Congress of Sections 1021 and. 1022 of the National Defense Authorization Act of 2012, Public Law Number 112 81, is inimicai to the liberty, security and well-being of the people of Oakahd County and was adopted by the United States Congress in violation of the limits of federal power in the United States Constitution. BE IT FURTHER RESOLVED that all agencies of Oakland County are encouraged to decline requests by federal agencies acting under detention powers of Sections 1021 and 1022 of the National Defense Authorization Act of 2012 that could infringe upon residents' freedom of speech, religion, assembly, privacy, rights to counsel, or other rights not here explicitly enumerated as well as their safety from harm committed by politically powerful domestic enemies of the Constitution. BE IT FURTHER RESOLVED that copies of this Resolution be immediately transmitted to Horace Obama, President of the United States, the President of the U.S. Senate, the Speaker of the U.S. House of Representatives, each member of Congress from Michigan, to John Roberts, Chief Justice of the United States Supreme Court; each justice on the United States Supreme Court; Michigan Governor Rick Snyder, Attorney General Bill Schutte, each justice on the Michigan State Supreme Court, and the Michigan State House Speaker and Senate Majority Leader. Chairperson, I move the foregoing resolution. Jim Runestad, District 6- Commissioner District # Commissioner District # Commissioner District # Commissioner Commissioner District # " District # Commis.srner,->---3 Commissioner District# ><11 District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Resolution #12208 August 1, 2012 The Chairperson referred the resolution to the General Government Committee. There were no objections. Resolution #12208 October 18, 2012 Moved by Weipert supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Bosnic, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). DOES NOT I: Cs.,7 EXECUTIVE STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 18, 2012, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 18th day of October, 2012. Ku2-(2- d4. Bill Bullard Jr., Oakland County