WHAT IS THE NATIONAL DEFENSE AUTHORIZATION ACT (NDAA)?

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W H A T I S T H E
NATIONAL DEFENSE AUTHORIZATION ACT (NDAA)?
The NDAA … reflects a trend on the part of Congress and the president to increas-
ingly militarize the fight against “terrorism” both here and abroad, and it significantly
expands the role of the military in domestic law enforcement operations, which in
turn rolls back laws on the books since Reconstruction.
CENTER FOR CONSTITUTIONAL RIGHTS
• The National Defense Authorization Act of 2011 (NDAA)
passed by the House and the Senate on Dec. 15, 2011, Bill of
Rights Day, and signed by Obama in the late hours of New
Year’s Eve, allows for American citizens to be taken into
military custody without charge or trial, for the “duration
of hostilities” in the “War on Terror” for the first time in
American history.
• The text of the act purports to be limited to those already
subject to detention and has been interpreted by the courts
to apply only to those who are “part of” Al Qaeda. Section
1021 is more expansive, as it seems to authorize detention
of Al Qaeda members, as well as those who support Al
Qaeda or “associated forces.” There is no limitation requiring
knowledge or intent to support Al Qaeda, and no limitation
on what is meant by “associated forces.”
• The statute is particularly dangerous because it has no
temporal or geographic limitations, and can be used by this
and future presidents to militarily detain people captured far
from any battlefield.
• Senate: 86 yes – 13 no; House: 283 yes – 136 no. The only
senators who voted against are: Cardin (D-MD), Coburn (R-
OK), Crapo (R-ID), DeMint (R-SC), Durbin (D-IL), Franken
(D-MN), Harkin (D-IA), Lee (R-UT), Merkley (D-OR), Paul
(R-KY), Risch (R-ID), Sanders (I-VT), Wyden (D-OR)
• Obama issued a signing statement saying he had “serious
reservations” about the provisions, but the statement it is not
legally binding and has no impact or influence on the courts,
plus it only applies to how his administration would use it
and would not affect how the law is interpreted by future
Presidents.
What you can do->

RESOURCES and ACTIONS to FIGHT the NDAA
[See reverse for “What is the NDAA”]
✔ The National Defense Authorization Act (NDAA) of 2012:
“Information for Concerned Activists,” ccrjustice.org/faqs
✔ Sign the ACLU’s pledge to fight worldwide indefinite
detention: aclu.org/action-center (scroll down to
“Fight Detention”)
✔ State-by-state NDAA information and recall
campaign website: recallthetraitors.blogspot.com
✔ Help undo NDAA by Petitioning your State
Supreme Court for a Protective Writ of Habeus
Corpus like this one: occupywallst.org/forum/
Don’t be afraid
Don’t stop protesting
Watch for info from the groups (left), Occupy websites, and Facebook events for continued protests against the NDAA
petition-to-supreme-court-of-alaska-to-block-ndaa-/
✔ Facebook: “Recall Every Congressman Who Voted for the NDAA”
Flyer by NYC OWS Antiwar • nycga.net/groups/antiwar • owsantiwar@gmail.com

Click here to download a PDF flyer version.

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