RICHMOND (Feb. 10, 2015) – Today, the Virginia House of Delegates passed a bill to push back against federal indefinite detention powers. The vote was 96-4.
In 2013, Virginia was the first state to pass legislation in response to the indefinite detention powers purportedly authorized in the National Defense Authorization Act (NDAA) of 2012, still active today. That law was a first step, limited in scope, forbidding state agencies, in some situations, from cooperating with some federal attempts to exercise the indefinite detention provisions written into sections 1021 and 1022 of the National Defense Authorization Act.
For 2015, House Bill 2144 (HB2144), sponsored by Del. Benjamin L. Cline (R-Rockbridge), takes things two steps beyond simply refusing to cooperate with federal agents in the event of indefinite detention in Virginia. It sets the stage to create the type of leverage and attention D.C. would not want public if it refuses to cooperate with the state of Virginia.
This legislation would require two things from the feds if it wants to detains, pursuant to NDAA, any U.S. citizen in the state of Virginia.
“the U.S.Secretary of Defense shall provide notification within 24 hours of the detention to both the Secretary of Public Safety and the chief law-enforcement officer of the locality in which the citizen is detained…
the U.S. Secretary of Defense or his designee shall seek authorization from the chief law-enforcement officer of the locality in which the citizen is detained prior to removal of the citizen from the locality”
A series of events is triggered upon failure to comply during such detainment of any person in the state of Virginia by the DoD. The state of Virginia will gather and publish Memoranda of Understanding (MOUs). These are essentially partnerships with state funds attached to them. These agreements are not necessarily legally binding, but usually offer some privacy between state, private enterprises (contractors), and federal agencies. Much of this kind of information usually remains hidden from the general public….
By Michael Boldin – Tenth Amendment Center –