Rhode Island may become the first state to challenge the recently signed National Defense Authorization Act. This bill, S. 1867/HR1540, provides for defense spending for 2012 and is an annual spending measure designed to provide funds for our military defense. The bill passed by Congress and signed by Barack Obama for 2012 contains provisions that seemingly allow for the detention of American citizens accused of either participating in or providing material support for terrorists.
World Net Daily today reports that one Rhode Island state representative, Rep. Daniel P. Gordon Jr. has drafted a resolution, which if passed by the Rhode Island legislature, would express opposition to the sections of the NDAA “that suspend habeas corpus and civil liberties.”
Rep. Gordon went on to explain:
“Sections 1021 and 1022 of the act, signed into law on New Years Eve of 2011, provide for the indefinite detention of American citizens by the military on American soil, without charge, and without right to legal counsel and right to trial.”
Rep. Gordon expressed his issues with the bill as in the wording of the law. He takes exception to the wording that fails to define the term “belligerent” and exactly who would determine those that would fit into the category. He told WND he has concerns over the possibility of his constituents being whisked away in the dark of night without being given their rights under the Constitution and that he will not stand by and allow this to happen, saying:
“When I took the oath of office, I swore that I would support the constitutions of Rhode Island and the United States. And before one single constituent of mine is snatched up in the dead of night, without due process under our laws, they’ll have to pry those documents from my cold dead hands.”
Rep. Gordon has already begun circulating his resolution to other members of the Rhode Island legislature.