As critical issues eluded corporate media over the past month, BORDC staff continued to open dialogue on developments concerning civil liberties. Recent themes include the Obama Administration’s inaction towards realizing rights-based campaign promises, and the erosion of law in a national security state.

On Wednesday, April 24, Communications Specialist Samantha Peetros appeared on Bread and Roses to discuss the local lockdown following the Boston Marathon bombings. Examining the friction between knowledge of one’s rights and genuine safety concerns, Samantha explains:

it was an overwhelming experience to see…the National Guard….. At the same time there is that sense of comfort, and it’s hard to deal with those conflicting thoughts. But I’m also very aware of what this could mean for civil liberties…”

Samantha also raised questions regarding possible outcomes if the public chose not to cooperate with state and federal agents during the Boston lockdown.

On Monday, May 6, Legal Fellow Michael Figura appeared on Connecticut’s Counterpoint Radio to discuss the ongoing hunger strike in the Guantánamo Bay. Michael explains the dire situation facing many unjustly and indefinitely detained men at the detention camp:

Over half of them have been cleared for release by the United States Government…yet they’re still held there. Many of these men have been held there 10-11 years now.

This austere, peaceful protest staged by over one-hundred men, which has prompted further human rights violations by our government, draws greater scrutiny to the globally infamous injustices inside Guantánamo Bay. However, while the Obama Administration chants its chorus of closure, an end to Guantánamo remains unseen.

Also on May 6, Executive Director Shahid Buttar appeared on the NextNewsNetwork to discuss the Obama Administration’s policies including extrajudicial assassination of US citizens and dragnet surveillance. Shahid follows this commentary with a compelling discussion of the consistent evasion of judicial review by presidents from both political parties, and Congress’ abdication of its constitutional responsibilities. He suggests (at 11:15) that the rule of law no longer exists in the United States, before observing a disturbing double standard between mass incarceration for minor crimes, and the continuing prestige — and public paychecks — for war criminals such as John Yoo and federal appellate judge Jay Bybee.

Stay with us for the latest BORDC press hits and coverage of issues that impact the liberties and lives of all Americans.

For a comprehensive view of BORDC’s latest news coverage, and to find out how to reach staff for comment, and more, view our online press resources.

Montana Gov. Steve Bullock has vetoed a bill that would have banned Montanan officials from cooperating with and “providing material support for” federal agents who attempt indefinite detention.  Known as HB 522, this bill would have provided some measure of defense for people living in Montana from the National Defense Authorization Act (NDAA).  The bill had transcended party lines, passing both the statehouse and state senate by wide margins and was backed by groups including the Bill of Rights Defense Committee, the ACLU, and the Tenth Amendment Center.

But on Monday, Gov. Bullock vetoed the bill, citing ongoing litigation (i.e. Hedges v. Obama) that “may render HB 522 unnecessary.”  Of course, if the Obama administration prevails, then HB 522 would become very necessary to restore due process in Montana.  The governor lambasted the bill as a measure that would “clutter the Montana code…[and] put our law enforcement officers in an untenable position.”  Yet no legal note was attached to the bill.  Montana would be fully within its powers to refuse cooperation with federal officials who would seek to enforce the NDAA.

As Michael Boldin of the Tenth Amendment Center points out, “By using his veto on HB522…Bullock has made his position quite clear.  He not only supports indefinite detention, he wants to ENSURE that Montana resources are used to help carry it out.”

Late Tuesday night, the Montana House of Representatives attempted to override the governor’s veto.  While the statehouse had originally voted 98-0 in favor of restoring due process, this time around, only 64 representatives voted against indefinite detention—just three votes short of a supermajority to override.

Rep. Nicholas, Schwaderer, the freshman Republican who introduced the bill, issued a statement shortly after the House vote: “I am encouraged by the motivation and enthusiasm of liberty loving folks like you all.  Although the session is concluding, I am just getting started in my fight.  I hope you can continue to fight with me as we go forward.”

UPDATE: The Montana Senate also attempted to override the governor’s veto, but this motion failed, 31-19.  Like in the House, the override attempt was a mere 3 votes shy.

April 2013, Vol. 12 No. 04

View this newsletter as a webpage: http://www.bordc.org/newsletter/2013/04

In this issue:

BORDC releases model legislation to address domestic surveillance drones

BORDC News

• BORDC holds convening for grassroots organizers in Boston, MA
• BORDC’s Shahid Buttar speaks in Boston, MA; Baltimore, MD; and Washington, DC
• BORDC legal fellow Nadia Kayyali speaks to community members and sheriff in San Juan County
• BORDC legal fellow speaks in Redmond, WA
• BORDC hosts celebration reception in San Francisco on May 5
• BORDC hosts reception in Washington, DC on May 19
• BORDC welcomes spring 2013 interns
• Summer 2013 internships available with BORDC
• BORDC announces 2013-2014 legal fellowships
• BORDC in the news
• Read the latest news & analysis from the People’s Blog for the Constitution

Highlights from the past month include:

• Is there hope for the rule of law? by Nadia Kayyali
• ICE under fire: public hearing held for Connecticut’s TRUST Act by Alok Bhatt
• Report reveals impact of NYPD’s surveillance of Muslims by Michael Figura
• Kimani Gray and state-sanctioned terrorism by Kyla Kuvach
• Surveillance a profitable business in NYC by Rebecca Palermo
• Montana Senate passes anti-NDAA bill 43-7, heads to Governor with vet-proof majority by Nick Sibilla
• CIA and NSA data collection programs by Yiqian Wang
• Son’s battle for records from 1960′s sheds light on today’s secrecy state by Dave Mitchell

Grassroots News

• April 2013 Patriot Award: Joe Scarry
• ICE raid detains 27 on day of immigration march in Connecticut
• Las Vegas, NV, rejects indefinite detention under NDAA
• Grassroots Updates
  • New York, NY: Community calls for broad profiling ban, protections against unlawful searches, and more
  • Charlotte, NC: Area residents call on City Council for increased transparency, examination into Review Board’s power
  • Asheville, NC: April 29 meeting will reflect on progress of grassroots organizing in Asheville
  • Chicago, IL: Community events shine light on civil liberties actions across the city
  • Los Angeles, CA: StopLAPD Spying coalition released “People’s Audit of the Los Angeles Police”
  • California: Assembly Public Safety Committee approves TRUST Act

Law and Policy

• #NYPDonTrial continues
• Hunger Strike at Guantánamo Continues, National Day to promote awareness
• Multiple state assemblies consider bills to stop indefinite detention
• House approves Cyber Intelligence Sharing and Protection Act (CISPA)
• Week of action urges CFAA reform

New Resources and Opportunities

• Micro-grants offer opportunities for grassroots action
• BORDC to host grassroots convening in San Francisco this May

By a vote of 43-7, the Montana state senate voted on Tuesday in favor of a bill against the National Defense Authorization Act (NDAA).  HB 522 “prohibit[s] the state from providing material support for” and cooperation with federal officials who attempt to implement indefinite detention on Montanan soil.  The bill previously passed committees in the House and Senate unanimously and passed the statehouse 98-0.  HB 522 now heads to Governor Steve Bullock.  Since more than two-thirds of the statehouse and senate have already voted in favor of restoring due process, there may be enough votes to override a veto.

First introduced by freshman representative Nicholas Schwaderer, a 24-year-old Republican, HB 522 has been backed by groups all across the political spectrum, including BORDC, the ACLU, and the Tenth Amendment Center.  In fact, grassroots pressure even helped convince six senators to change their votes, since on the second reading of the bill, 13 senators had voted against HB 522.  The fact that a mere seven Montanan lawmakers did not vote in favor of defending civil liberties is a welcome contrast to the U.S. Senate, where only 13 senators voted against enacting the NDAA in 2011.

Montana’s vote is just the latest in a growing nationwide movement against indefinite detention. Anti-NDAA legislation has been approved by Hawaii and Virginia, as well as the state senates in Michigan, Indiana, and South Carolina and the statehouses of Arizona and New Hampshire.  Meanwhile, another dozen states are still considering bills to oppose the NDAA.  In addition, almost two dozen local jurisdictions have enacted resolutions and legislation to restore due process, including cities like San Francisco and Las Vegas.

Governor Bullock can be contacted here.

This post was written by Nick Sibilla, a BORDC summer 2012 intern.

This Wednesday, March 27, the Montana Senate Judiciary Committee voted 12-0 in favor of HB 522, which bans indefinite detention under the National Defense Authorization Act (NDAA) of 2012 within the state of Montana.

Last month, the Montana state house voted 98-0 to prohibit state cooperation with federal officials who attempt to detain individuals within Montana under Sections 1021 or 1022 of the NDAA.  The bill now heads to the Senate floor for a full vote, which may occur as early as next week.

Supporters of the bill are very diverse, including the ACLU, the Tenth Amendment Center, Oath Keepers, and BORDC.  When the bill was heard in committee last week, no objections were raised.

Montana is just one of many jurisdictions that are rising up to counter the NDAA’s detention provisions. Bills aiming to restore Due Process have passed the state house in New Hampshire, as well as the state senates in Indiana, South Carolina, and Michigan, all by large margins.  Meanwhile, another dozen states are still considering restoring due process.

Most recently, Las Vegas passed a resolution condemning the NDAA.

Opposition to the domestic detention provisions of the National Defense Authorization Act (NDAA) continues to grow around the country. On March 20, the Las Vegas City Council passed a resolution aiming to restore Due Process in the face of the NDAA by a 5-2 vote.

Under the terms of the 2012 NDAA, the US military could arrest and imprison indefinitely any person accused of “belligerent acts” or assciational crimes without trial or proof of crime.

The Las Vegas resolution, based largely on the model developed by BORDC that  was also recently adopted by a unanimous vote in San Francisco, expressed widespread concerns that the NDAA could be used — whether by the current administration or another — to deprive Americans of our rights under the Fifth, Sixth, and Eighth Amendments. The resolution also obliges Las Vegas officials to refuse requests by federal agencies operating under the NDAA and also asks that federal employees defer to the local law when working in the city.

The Nevada chapter of People Against the NDAA (PANDA) has been active in its resistance to the federal law. On their website, they write, ”In short, the 2012 NDAA enables the government to make any person on US soil a prisoner of war.”

PANDA praised the passage of the bill and hoped it will inspire more resistance to the federal law in other areas. Daphne Lee, the head of PANDA’s Clark County Chapter, thanked Council members and the mayor for their support of the resolution. She said, “This action will support other cities, counties and states all over the country who seek to take a stand to protect constitutional rights.”

The resolution has passed the City Council and now faces approval from the Board of Country Commissioners. If it passes at the county level, it will become the nation’s first joint city/council resolution condemning the NDAA. PANDA is also pressing for similar legislation to be adopted in northern Nevada.

Further, Nevada Senator Don Gustavson has submitted a bill to the state legislature, the Nevada Liberty Preservation Act, that would invalidate NDAA on the statewide level. Similar bills are pending in a dozen other states, including California, New Hampshire, and Michigan.

Groups opposing the NDAA can be found on Facebook; state groups have been formed in California, Arizona, Colorado, Indiana, Kansas, Michigan,  Missouri, Nevada,  New York, Ohio, South Carolina, Texas, Washington, and Wyoming.

Hopefully this happening in Vegas will not just stay in Vegas, but instead continue growing around the country.

March 2013, Vol. 12 No. 03

View this newsletter as a webpage: http://www.bordc.org/newsletter/2013/03/

March 2013, Vol. 12 No. 03

View this newsletter as a webpage: http://www.bordc.org/newsletter/2013/03/

Paul leads filibuster of Brennan nomination to lead CIA

On March 6, Senator Rand Paul (R-KY) forced a long overdue conversation in Washington about checks and balances on executive power by leading a bipartisan filibuster of John Brennan’s nomination to lead the CIA.

BORDC News

BORDC in the news

In the last month, BORDC and coalitions we support across the nation have appeared in various press outlets to promote concerns about constitutional rights and the powers of police and intelligence agencies that abuse them.

Read the latest news & analysis from the People’s Blog for the Constitution

Have you read BORDC’s blog lately? The People’s Blog for the Constitution has attracted a growing audience that has tripled over the past year. Featuring news & analysis beyond the headlines on a daily basis, it offers a great way to stay up-to-date and informed.

Highlights from the past month include:

• Strict immigration enforcement both wasteful and harmful by Munazza Fairooz Khan
• Virginia joins growing list of states to stand against drones by Michael Figura
• Berkeley community groups protest Kayla Moore’s death by Emily Walsh
• February 2013 Patriot Award: Peggy Littleton by Imad Khan
• Massachusetts legislature to consider drone privacy bills by Yiqian Wang
• Brown liars and the rise of ‘Warrior Academics’ by Kyla Kuvach
• San Francisco says no to indefinite military detention by Nadia Kayyali
• A promising step against domestic drones by Dave Mitchell
• Supreme Court ruling goes to the dogs by Rebecca Palermo
• BORDC in the News: March 4-11, 2013 by Alok Bhatt
• Killing us softly by Shahid Buttar

BORDC’s Shahid Buttar speaks in Austin, TX

On Tuesday, March 5, BORDC’s Shahid Buttar spoke at the University of Texas School of Law in Austin. Hosted by the American Constitution Society, his talk, which was videotaped and is available online, addressed “Power and Accountability in the Post-9/11 era: torture, targeted killing, and domestic drone surveillance.”

BORDC hosts reception to celebrate recent Bay Area organizing victories

On Sunday, May 5, BORDC will host a reception in San Francisco celebrating the organization’s first decade of grassroots organizing to restore civil liberties, and several recent policy victories across the San Francisco Bay Area.

Grassroots News

March 2013 Patriot Award: Mary Madden

Every month, BORDC honors an individual who has made an outstanding contribution in his or her community to the movement to restore civil liberties and the rule of law. This month, the Patriot Award goes to Mary Madden for her extraordinary and committed activism and organizing.

Grassroots updates

To view campaigns supported by BORDC at a glance, visit our interactive campaign maps for local coalitions addressing surveillance and profiling by local law enforcement, or military detention under the NDAA. To get involved in any of these efforts, please email the BORDC Organizing Team at organizing (at) bordc (dot) org. We’re eager to hear from you and help support your activism!

• Nationwide: Campaigns emerge to address domestic surveillance drones
• Boston and Cambridge, MA: Diverse coalition takes action in several ways
• Hartford, CT: Public education on how immigration enforcement could undermine civil liberties
• New York City, NY: Residents gather to challenge drones and detention, while lawsuit proceeds vs. NYPD stop-and-frisk profiling
• Annapolis, MD: Statewide coalition challenges NDAA, plans upcoming discussion event
• Asheville, NC: Coalition mobilizes to support proposed Civil Liberties Ordinance
• Cleveland, OH: Coalition launches monthly vigils, bus tour, and petitions
• Chicago, IL: Coalition mobilizes to challenge suppression of dissent, anti-immigrant profiling
• Madison, WI: New coalition initiates public education campaign
• Helena, MT: House votes unanimously to approve bill vs. NDAA
• Los Angeles, CA: Coalition plans community mobilization for upcoming Police Commission meeting
• San Francisco, CA: The 18th city to say “No!” to indefinite detention under the NDAA
• Seattle, WA: Community considers racial profiling and drones
• Friday Harbor, WA: Coalition organizes educational forum

Law and Policy

Bipartisan legislation introduced to curtail domestic surveillance drones

Earlier this month, Representatives Ted Poe (R-TX) and Zoe Lofgren (D-CA) introduced the Preserving American Privacy Act of 2013 (HR 637), a bipartisan bill that would establish basic legal ground rules for the domestic use of unmanned drone aircraft. The principles now governing searches by this new technology are vague, and the clarity of this bill would greatly benefit both police and the public.

CISPA threatens military control of domestic cybersecurity

The Cyber Information and Sharing Act (CISPA) was first introduced last year by Representatives Mike Rogers (R-MI) and Dutch Ruppersberger (D-MD). It prompted widespread opposition, including a veto threat from President Obama, in addition to a petition with over 800,000 signatures, and a widespread online campaign dubbed “Stop Cyber Spying Week.” Nonetheless, CISPA is back.

Immigration enforcement: a Trojan horse?

Calls for comprehensive reform of federal immigration law have prompted a bipartisan debate on Capitol Hill. Most observers, however, have overlooked how stronger immigration enforcement could undermine the rights of not only immigrants, but also US citizens.

DC Circuit Court forces CIA to at least acknowledge documents about drones

On March 15, the US Court of Appeals for the DC Circuit ruled that the CIA must respond to a FOIA request by the ACLU seeking information about the targeted killing program using drone aircraft. While the decision does not require the actual disclosure of the documents, which the lawsuit will now move on to address, it does represent a rare example of the federal judiciary standing up to government secrecy and asserting an independent check and balance.

National Security Letters held unconstitutional

On March 15, a federal judge in California struck down National Security Letters (NSLs) as unconstitutional violations of free speech. US District Judge Susan Illston ordered the Justice Department and FBI to stop issuing NSLs, which are unilateral demands for private information unsupported by a judicial warrant, and also ordered them to stop enforcing gag orders attached to NSLs in other cases.

US Supreme Court places NSA above the law in Clapper v. Amnesty

On February 26, 2013, the US Supreme Court ruled 5-4 to allow warrantless wiretapping to continue. The controversial decision places the National Security Agency (NSA) above the law and insulates it from judicial review.

New Resources and Opportunities

Join the struggle for Due Process vs. domestic military detention under NDAA

The transpartisan grassroots movement against the domestic detention provisions of the National Defense Authorization Act (NDAA) is growing. Nearly 20 cities have passed resolutions supporting Due Process, and organizers are using Facebook to help build statewide campaigns in several states.

BORDC to host spring convenings in the Northeast and Bay Area

BORDC supports grassroots organizers as they build diverse coalitions seeking local protections and civil rights and civil liberties. A pair of upcoming convenings offer opportunities for organizers to travel to the Northeast in April, or Bay Area in May, to share skills and case studies with allies from other cities.

Micro-grants offer opportunities for grassroots action

To help encourage outreach, public education, and grassroots mobilization, BORDC has provided micro-grants to coalitions that have participated in one of BORDC’s anchor convenings, such as the May 2012 convening in Chicago. Grants of $300 to $500 are available to help active coalitions expand their local visibility, host events, or build capacity.

Why Holder’s letter carries little water

Last week, Senator Rand Paul (R-TX) forced a long overdue conversation in Washington about checks and balances on executive power. Yet few observers recognize the ultimate importance of his actions, or why the Senate’s confirmation of the new CIA director remained premature.

Prompted by Sen. Paul’s filibuster last Wednesday, Attorney General Holder wrote a letter the following day, acknowledging that our government lacks authority to execute Americans within the US without trial.

His concession is welcome, but must be taken with a grain of salt. It behooves observers to understand why, for several reasons, Holder’s statement may be less secure than we would ideally hope.

Accepting disclosure without investigation

Much of the controversy surrounding Brennan’s nomination concerned mere disclosure: whether the executive branch would let Congress read the administration’s legal analysis governing the targeted assassination program. President Obama apparently heard the message, admitting in his State of the Union address that more transparency is required.

The result proved underwhelming. One congressional committee received a single legal memo among several, which did not even purport to delineate the boundaries of the assassination program, but rather explored the use of deadly authority against a single target among several hundred who have been killed, including at least four US citizens.

Mere disclosure of some OLC memos to some Senators is insufficient.

Meaningful congressional oversight requires full access to all the legal memos, as well as active investigation of the underlying facts. It is not enough to simply read executive legal analyses paying lip service to constitutional values routinely violated on the ground.

The congressional intelligence committees, after all, were founded after robust investigations revealed widespread abuses by intelligence agencies, including the CIA, spanning decades and the terms of several presidents. Factual investigation has revealed more recent abuses, as well.

Last year, the Senate Intelligence Committee concluded a thorough investigation of torture, which produced a report recognizing torture as an international human rights abuse that ultimately undermined US national security by producing false intelligence, eroding pro American sentiment abroad, and helping our enemies recruit foot soldiers.

Yet, reflecting its pattern of embracing secrecy while claiming transparency, the Obama administration has refused to declassify the report. It is only because neither the press nor the public know the facts that irresponsible Hollywood fiction proved so problematic and controversial.

Forgotten in commentary on Brennan’s confirmation were some troubling details suggesting that, on both torture and drone strikes, transparency remains inadequate.

First, Senators had to fight tooth & nail to secure even the most minimal disclosure from the White House. Second, other congressional committees also sought access to the OLC assassination memos, but were denied.

Finally, beyond disclosure of the OLC’s legal memos are important questions about how the standards in them are applied to real facts. The Obama administration and CIA still refuse to answer congressional questions beyond the memos—such as, “How much evidence does the President need to determine that a particular American can be lawfully killed?” These questions are crucial, but Brennan’s confirmation could ensure that Congress receives few answers.

How the facts suggest elastic powers

Brennan spoke to the committee of the “great care” taken to ensure that drone strikes kill only their intended targets. What little we know about them suggests otherwise.

(more…)

• 3/12, Valerie Tilson, RGJ.com, Support fight against indefinite detention
• 3/11, Ralph Benko, Forbes, 1.6 Billion Rounds Of Ammo For Homeland Security? It’s Time For A National Conversation
• 3/11, Amy Goodman, Democracy Now!, White House Changing Story on Anwar al-Awlaki? A Debate on NYT’s Inside Account of ’11 Drone Strike
• 3/11, Michael Gerson, Washington Post, Rand Paul masks his true worldview
• 3/11, Susan Stellin, New York Times, Airport Screening Concerns Civil Liberties Groups
• 3/11, Paul Szoldra, Business Insider, The FBI Goes To Disturbing Lengths To Set Up Potential Terrorists
• 3/11, Falguni A. Sheth, Salon, New York’s finest Islamophobes
• 3/11, John Knefel, Rolling Stone Magazine, Police Spying on American Muslims Is a Pointless National Shame
• 3/11, Thomas Nephew, Indypendent, Broad coalition fights against the NDAA, for HB558, and for the right to due process