Michigan’s Legislature Just Gave NDAA Opponents Their Biggest Victory Since The Blocking Of Indefinite Detention

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The Michigan House of Representatives unanimously passed a bill today that would prevent any state cooperation with federal agents attempting to detain people without due process in Michigan, The Tenth Amendment centre reports.Carl Mayer, a lawyer for the group of journalists and activists suing over the indefinite detention provisions of the National defence Authorization Act (NDAA), told BI that the vote is “the most important development in this fight since Judge Forrest issued her permanent injunction” on section 1021 of the NDAA.

Section 1021 gives the president the authority to indefinitely detain anyone who provides “substantial support” to the Taliban, al-Qaeda, or “associated forces,” including “any person who has committed a belligerent act” in the aid of enemy forces.

HB5768, sponsored by Rep. Tom McMillin (R), declares that “no agency of this state, no political subdivision of this state, no employee of an agency of this state or a political subdivision of this state acting in his or her official capacity, and no member of the Michigan national guard on official state duty shall aid 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 defence authorization act…”

Mayer said that the unanimous vote of 107-0 shows that “this isn’t a left, right or centre issue” and said that he hopes “all 50 states make it clear that they will not cooperate with this unconstitutional attempt to use the military within the borders of the United States [to detain civilians].”

He noted that the federal government can act independently of state actors, agencies, and law enforcement, but the Michigan bill “puts up another concrete obstacle to indefinite detention [of U.S. civilians] by the military” by directing that no member of the Michigan national guard may aid the U.S. armed forces in any detentions under section 1021.

“I hope this broad, multi-partisan alliance continues across the country because I think that’s the only way to stop this movement toward having the military police our streets – something that hasn’t been permitted in our country’s history,” Mayer said, citing the Posse Comitatus Act of 1878 and Ex Parte Milligan.

The bill will now go to the Michigan Senate.