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THE INTOLERABLE ACTS
ACTION CENTER
2012 NDAA PRESENTATION
[email protected]
National Defense
Authorization Act
For Fiscal Year 2012
(NDAA)
Is the NDAA Bad?
Does the NDAA
simply affirm existing
national defense policy,
or does it create new
national defense policy?


Was it the intent of Congress to
establish that America should be
treated as part of “the battlefield?”
Does the NDAA authorize waging
war on Americans in the United
States?
Does the NDAA
Apply to U.S. Citizens?
Does the NDAA
Undermine
Your
Constitutional Rights?
If the NDAA
Applies to U.S. Citizens
&
Undermines Your
Constitutional Rights...
What can and should you
do about it?
National Defense
Authorization Act
For Fiscal Year 2012
(NDAA)
Is the NDAA Bad?
NO!
The NDAA is supposed
to fund our troops
and
national defense policies.
AND THAT IS GOOD!
Does the NDAA
create new
national defense policy?
SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED
FORCES OF THE UNITED STATES TO DETAIN COVERED
PERSONS PURSUANT TO THE AUTHORIZATION FOR USE
OF MILITARY FORCE.
(a) IN GENERAL.—Congress affirms
that the authority of the President to use
all necessary and appropriate force
pursuant to the Authorization for Use of
Military Force (Public Law 107–40; 50
U.S.C. 1541 note) includes the authority
for the Armed Forces of the United States
to detain covered persons (as defined in
subsection (b)) pending disposition under
the law of war.
NDAA
Subtitle D – Counterterrorism
Section 1021
Affirmation of Authority
of the Armed Forces
of the United States
to Detain Covered Persons
Pursuant to the
Authorization for Use of Military Force
(AUMF)
AUTHORIZATION FOR USE OF UNITED STATES
ARMED FORCES (AUMF), SECTION 2.
(a) IN GENERAL. — That the President is
authorized to use all necessary and appropriate
force against those nations, organizations,
or persons he determines planned,
authorized, committed, or aided the
terrorist attacks that occurred on
September 11, 2001, or harbored such
organizations or persons, in order to prevent
any future acts of international terrorism
against the United States by such nations,
organizations or persons.


The AUMF set up a national
defense policy to seek retribution
against those involved in the
attacks of Sept. 11, 2001.
The authority granted in the AUMF
was retrospective, and tied solely
to the attacks of Sept. 11, 2001.
AUMF TARGETING PROFILE
Nations, organizations, or persons who:

planned,

authorized,

committed,

aided, or

harbored
the terrorists who attacked the U.S. on
September 11, 2001.
Does the NDAA
simply affirm existing
national defense policy,
or does it create new
national defense policy?
SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED
FORCES OF THE UNITED STATES TO DETAIN COVERED
PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF
MILITARY FORCE.
(b) COVERED PERSONS.—A covered
person under this section is any person as
follows:
(1) A person who planned, authorized,
committed, or aided the terrorist attacks
that occurred on September 11, 2001, or
harbored those responsible for those
attacks.
AUMF vs. NDAA
TARGETING PROFILE (retribution for 9/11/2001)
AUMF
1021(b)(1)
Nations, organizations, or
persons who:
Any person who:

planned,
authorized,

committed,

planned,


aided, or

harbored
the terrorists who
attacked the U.S. on
September 11, 2001.
authorized,

=
committed,

aided, or

harbored

the terrorists who
attacked the U.S. on
September 11, 2001.
1021(b)(1) affirms the national
defense policy of the AUMF
targeting profile.
BUT...


Whereas the AUMF has only one
targeting profile
The NDAA's 1021(b) has two targeting
profiles.
What does 1021(b)'s second profile do?
NDAA: 1021(b) [Second Targeting Profile]
(2) 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.
1021(b)(2)
1021(b)(1) = (AUMF)
Any person who was part of or
supported:
Any person who:


Al-Qaeda, Taliban, or
planned,

associated forces,

authorized,

that are engaged in hostilities
against:
committed,


aided, or
harbored
the terrorists who
attacked the U.S. on
September 11, 2001.
United States,
or coalition partners, who:


committed a belligerent act, or

directly supported hostilities in
aid of Al-Qaeda or Taliban

* Involvement in attacks of Sept.
11, 2001 not required
1021(b)(2) creates new national
defense policy in that it expands:

targeting profile (beyond AUMF)

countries being protected ( adds coalition partners)


time frame for which hostilities are authorized
beyond retribution for attacks of 9/11/2001.
from policy of retribution to a policy for
“war on terrorism”
Also...
DEFINITION OF TERRORISM:
1. the use of violence and threats to intimidate or
coerce, especially for political purposes.
2. the state of fear and submission produced by
terrorism or terrorization.
3. a terroristic method of governing or of resisting
a government.
Dictionary.com
Terrorism is not a nation, organization, or person.
Terrorism is a “method or technique.”
“War on Terror” is a war against a method of
achieving an objective.

Declaring war on a technique is an expansion of
an specific AUMF purpose to an open-ended
war.


Was it the intent of Congress to
establish that America should be
treated as part of “the battlefield?”
Does the NDAA authorize waging war
on Americans in the United States.
America is the “battlefield”
“The statement of authority to detain
does apply to American citizens,
and it designates the world as the
battlefield, including the homeland.”
-Senator Lindsey Graham, discussing NDAA in a U.S. Senate floor debate.
Watch video here:
http://patriotcoalition.com/VIDEO/NDAA/YOU ARE the Terrorist!!!!!.avi
The “law of war” applies to the
“battlefield.”
The fictitious designation of the United States as
the “battlefield” allows for the application of the
“law of war,” which applies to all battlefields, to
the United States.
This puts the President in absolute charge of the
“battlefield” as Commander-in-Chief, rather than
as the Chief Executive of the civilian
government.
Does the NDAA
Apply to U.S. Citizens?
NDAA
Subtitle D – Counterterrorism
Section 1022
Military Custody
For
Foreign Al-Qaeda Terrorists
NDAA Section 1022 (a)(1)
(a) CUSTODY PENDING DISPOSITION UNDER LAW OFWAR.
(1) IN GENERAL.
Except as provided in paragraph (4), the
Armed Forces of the United States shall
hold a person described in paragraph (2)
who is captured in the course of hostilities
authorized by the Authorization for Use of
Military Force (Public Law 107–40) in
military custody pending disposition under
the law of war.
NDAA Section 1022 (a)(2)
(2) COVERED PERSONS.
The requirement in paragraph (1) shall
apply to any person whose detention
is authorized under section 1021 who
is determined—
WHAT IS “THE REQUIREMENT?”
NDAA Section 1022 (a)(1)
(a) CUSTODY PENDING DISPOSITION UNDER LAW OFWAR.
(1) IN GENERAL.
Except as provided in paragraph (4),
the Armed
Forces of the United States shall
hold a person described in paragraph (2) who is
captured in the course of hostilities authorized by the
Authorization for Use of Military Force (Public Law 107–
40) in military custody pending disposition under the law
of war.
“The requirement”
is
“shall hold.”
“Shall hold”
means
“Must hold”
NDAA Section 1022 (b)(1)
UNITED STATES CITIZENS.—
The requirement to detain a
person in military custody under
this section does not extend to
citizens of the United States.


Removing the requirement “shall
hold” means the U.S. Military may
hold U.S. Citizens.
It does not “prohibit” U.S. Citizens
from being detained by the U.S.
Military under Section 1022.
NDAA Section 1022 (a)(2)
(2) COVERED PERSONS.—The requirement in paragraph (1)
shall apply to any person whose detention is authorized under
section 1021 who is determined—
(A) to be a member of, or part of, al-Qaeda or an associated
force that acts in coordination with or pursuant to the
direction of al-Qaeda; and
(B) to have participated in the course of planning or carrying
out an attack or attempted attack against the United States
or its coalition partners.
NDAA Section 1022
NON-CITIZENS
(shall hold)
(a)(1)
US
CITIZENS
(may hold)
(b)(1)
The “indefinite detention”
provisions of sections 1021 and
1022 definitely apply to U.S.
Citizens.
Senators McCain, Graham, and
Levin stated as much on the
floor of the U.S. Senate in Dec.
2011.
President Obama
acknowledged the authority
to detain U.S. Citizens in his
signing statement.
In fact, he insisted that the
detention of U.S. Citizens
was in the NDAA.
President demands authority to
indefinitely detain U.S. Citizens.
Obama Administration asked that
language be removed from NDAA that
said “U.S. Citizens and lawful residents
would not be subject to this section.”
-Senator Carl Levin, Chairman, Senate Armed Services Committee
Watch video here:
http://patriotcoalition.com/VIDEO/NDAA/Levin-Obama-1031.avi
Section 1022 (b) limitation regarding citizens
does not apply to Section 1021.
UNITED STATES CITIZENS.—The
requirement to detain a person in military
custody under this section [i.e.1022] does not
extend to citizens of the United States.
1021(b)(2)
Any person who was part of or supported:
1021(b)(1) = (AUMF)
Any person who:
planned,

authorized,

committed,

aided, or

Al-Qaeda, Taliban, or

NON-CITIZENS
(shall hold)
1022(a)(1)
US
CITIZENS
(may
hold)
(b)(1)
associated forces,

that are engaged
in hostilities against:
United States, or
coalition partners, who:


harbored

the terrorists who attacked
the U.S. on September 11, 2001.
committed a belligerent
act,
or directly supported
hostilities in aid of AlQaeda or Taliban
* Involvement in attacks
of 9/11/2001 not required

Does the NDAA
Undermine
Your
Constitutional Rights?
Congress established the principle that
America is the “battlefield” whilst arguing
over how to apply the “law of war” to
citizens.


Opponents and proponents in
Congressional debates agreed sections
1021 and 1022 make America part of the
battlefield.
NDAA makes America the “battlefield” and
authorizes detention and disposition under
the “law of war” instead of under the
Constitution.
The NDAA authorizes the capture
in the United States without an
arrest warrant.
“Shut up. You don't get a lawyer.
You're an “enemy combatant.”
-Senator Lindsey Graham, during debate of NDAA
section 1031 on U.S. Senate floor.
Watch video here:
http://patriotcoalition.com/VIDEO/NDAA/Shut-Up
Section 1021(e) states that nothing in [1021]
affects any existing law or authority relating
to detention of any person who is captured
or arrested in the United States.
Section 1022(a)(1) states that the U.S. Military
shall hold any person who is captured in the
course of hostilities authorized by the AUMF.
NDAA Section 1021(c)
DISPOSITION UNDER LAW OF WAR.
—The disposition of a person under the law
of war as described in subsection (a) may
include the following:
(1) Detention under the law of war without
trial until the end of the hostilities
authorized by the [AUMF].
Parts of Constitution and
Bill of Rights affected by NDAA
Article I, Section 9 – suspension clause
Article III, Section 2 – grand jury indictment
Article III, Section 3 - treason
Article IV, Section 4 – republican government
4th Amendment – secure in person & papers
5th Amendment – due process
6th Amendment – speedy trial
8th Amendment – cruel & unusual punishment
9th Amendment – rights of the people
10th Amendment – state's rights
14th Amendment, Section 1 – equal protection
SUMMARY
2012 NDAA PRESENTATION
Is the NDAA Bad?
YES AND NO
Funding the military is good.
Destroying Bill of Rights
Is BAD!
Does the NDAA
simply affirm existing
national defense policy,
or does it create new
national defense policy?
It does both.

Was it the intent of Congress to
establish that America should be
treated as part of “the battlefield?”
YES

Does the NDAA authorize waging war
on Americans in the United States?
YES
Does the NDAA
Apply to U.S. Citizens?
YES
Does the NDAA
Undermine
Your
Constitutional Rights?
YES
If the NDAA
Applies to U.S. Citizens
&
Undermines Your
Constitutional Rights...
What can and should you
do about it?
TheIntolerableActs.org
PATRIOT COALITION & OATH KEEPERS
(AND OTHER NATIONAL PARTNERS)
NOVEMBER
PATRIOTS
(KANSAS)
STATE COORDINATING
ORGANIZATIONS
PATRIOT
FREEDOM
ALLIANCE
LOCAL GRASSROOTS
ORGANIZATIONS
WE THE PEOPLE
PATRIOTWATCHDOG
(NORTH CAROLINA)
BEAUFORT PATRIOT
TEA PARTY
Empowerment of State & Local Groups
PATRIOT COALITION & OATH KEEPERS
(AND OTHER NATIONAL PARTNERS)



Research and analysis of NDAA
and other 'intolerable acts'
Research and analysis of remedial legislation
federal, state, and local
Development of custom resolutions & legislation
federal, state, and local
Provide educational and informational support to state and
local groups, media outreach / availability for interviews,
talk radio, workshops, seminars, etc...

THE INTOLERABLE ACTS ACTION CENTER
TheIntolerableActs.org
We the People
SHERIFF
RESOLUTION
LOCAL GOVERNMENT
NDAA RESOLUTION
LEGISLATURE NDAA RESOLUTION
GOVERNOR
CONGRESSIONAL DELEGATIONS
POLITICAL
PARTIES
PRESIDENT
NGO's: VFW, LEGION,
YOUR CHURCH
What should you do?




Educate yourself, your family & neighbors,
and your community about the problems
with the NDAA.
Watch the videos on theintolerableacts.org
Write letters to the editor of your local
papers.
Reach out to grassroots patriot groups in
your community. Encourage their
involvement.
What should you do next?

Contact your Congressman & U.S. Senators
If they voted for the NDAA, find out why.
Regardless of how they voted, ask them what are their
plans to repeal the unconstitutional provisions.

Contact your state legislators, county
commissioners, sheriff, and city council.
Encourage them to interpose themselves between “We
the People” and a rogue federal government.
PATRIOTCOALITION.COM
REJOINORDIE.COM
OATHKEEPERS.ORG
THEINTOLERABLEACTS.ORG
[email protected]