Thursday, January 12, 2012

NDAA Fact Sheet for Distribution at Protests, Printable PDF.

Informative links for educating the public on the National Defense Authorization Following is a one-page fact sheet ready for printing, in PDF or MSWord form.  Includes information on mounting recall campaigns.

NDAA Fact Sheet PDF 

MSWord Format

Here is a Youtube of a BBC report, a major media source:

MP3 sound file of BBC interview HERE.

Fact Sheet Text

Fact Sheet: New Law Allowing for Indefinite Military Detention of U.S. Citizens Without Charge or Trial, the National Defense Authorization Act of 2011 (NDAA)

Last revision: 1/10/2011

- The National Defense Authorization Act of 2001 (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 roll call votes for the House and Senate can be seen at links: Senate (86 “yes” - 13 “no”) at  and House (283 “yes” - 136 “no”) at

- Forbes Magazine: “The NDAA authorizes the military to detain even US citizens under the broad new anti-terrorism provisions provided in the bill, once again without trial.” (“President Obama Signed the National Defense Authorization Act - Now What?” by E.D. Kain, Forbes, 1/2/2011)

- ACLU: “President Obama’s action today is a blight on his legacy because he will forever be known as the president who signed indefinite detention without charge or trial into law…Under the Bush administration, similar claims of worldwide detention authority were used to hold even a U.S. citizen detained on U.S. soil in military custody…” (“President Obama Signs Indefinite Detention Bill Into Law,” Press Release, ACLU, 12/31/2010 at   )

- There is a major campaign underway to deceive Americans into thinking NDAA does not apply to U.S. citizens.  Rep. Justin Amash (R-MI) said the legislation was “carefully crafted to mislead the public.” (“U.S. Rep. Justin Amash opposes defense authorization bill,” The Grand Rapids Press, 11/28/2010)

-  In a Jan. 5, 2011 BBC report, Professor Jonathan Turley of the Georgetown University School of Law called Obama’s signing statement to not use NDAA powers against U.S. citizens a “hollow promise” which nevertheless gives the president and future presidents “authoritarian powers” to lock up U.S. citizens without trial and even kill them.  Youtube of interview at:

- Precise analysis of bill language at    (“Continuing Protests Against NDAA Indefinite Military Detention of U.S. Citizens, Recall Efforts On” at )

- The Washington Post has confirmed a secret list of Americans to be assassinated, reporting on Jan. 26, 2010: "The military's Joint Special Operations Command maintains a target list that includes several Americans...U.S. officials have said that the government is prepared to kill U.S. citizens who are believed to be involved in terrorist activities..." There is no way to determine who is on the list, as it is "classified." ("U.S. military teams, intelligence deeply involved in aiding Yemen on strikes," Washington Post, by Dana Priest, Jan. 27, 2010)

- The only U.S. senators who voted against the NDAA 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)

- The Oath of Office for U.S. senators and congressmen, required by the Constitution before assuming duties, and American military officers is: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic…”  Thomas Jefferson said: "I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution."

- Citizens have launched recall campaigns against senators and congressmen who voted for the NDAA.  The states which presently have such recall laws are Arizona, Colorado, Louisiana, Michigan, Montana, Nevada, North Dakota, Oregon, Washington, and Wisconsin.  States which do not can pass them.  For more information go to,  and

Opposition to the NDAA and the restoration of Americans’ basic rights are not a partisan issue.  Citizens from the left to the right of the spectrum have come together in outrage.  For more information go to  Please join the Facebook linked at this site.
 Pertinent Language of NDAA Law and Rebuttals to Misleading Portions (full text, final bill HR1540):

Section 1021

(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.
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forcesthat 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.
“Substantial support” of an “associated force” may imply
citizens engaged in innocuous, First Amendment activities.
 Direct support of such hostilities in aid of enemy forces
may be construed as free speech opposition to U.S. government
policies, aid to civilians, or acts of civil disobedience.

Rep. Tom McClintock opposed the bill on the House floor saying it:
"specifically affirms that the President has the authority to deny due process to any American it charges with “substantially supporting al Qaeda, the Taliban or any ‘associated forces’” — whatever that means.
   Would “substantial support” of an “associated force,” mean linking a web-site to a web-site that links to a web-site affiliated with al-Qaeda? We don’t know."

(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 Authorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111– 84)).
(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.
(d) CONSTRUCTION.—Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
(e) AUTHORITIES.—Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.
"Existing law" is Fourth Circuit in Jose Padilla.

Final Roll Call Vote, "YES" is in favor of NDAA military detention of U.S. citizens
SENATE: "YES" ---86

HOUSE: "YES' 283 --

For States With No Federal Recall Law

Contact Your State Representatives to pass recall laws HERE. 

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