1. NDAA The National Defense Authorization Act for Fiscal Year 2012

2. What is it? How is it bad? Does it apply to American Citizens? Does the NDAA undermine your constitutional rights?

3. What can and should you do about it?

4. What is it? Passed every year for 48 years by Congress. Authorizes funding for our military and defense policies. THAT'S GREAT!

5. What is it? However... Hidden inside the 565-page NDAA are sections 1021 and 1022. In a nutshell, Sections 1021 and 1022 authorize the indefinite detention of American citizens without charge or trial. And it passed 283-136 in the House and 93-7 in the Senate.

6. How is it bad? The NDAA takes its authority from the 2001 Authorization for Use of Military Force (AUMF)

7. How is it bad? Here's the language from the AUMF: (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.

8. How is it bad? ● The AUMF set up a national defense policy to seek retribution against those involved in the terrorist attacks of September 11 th, 2001 ● The AUMF is retroactive, and tied solely to the attacks of September 11 th, 2001.

9. How is it bad? The AUMF had a targeting profile of anyone who: ● Planned ● Authorized ● Committed ● Aided ● Or harbored the terrorists that perpetrated 9-11.

10. How is it bad? The NDAA expands that authority. Section 1021 (b) (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.

11. How is it bad? AUMF & NDAA 1021(b)(1) Any person who: ● Planned ● Authorized ● Committed ● Aided ● Or harbored the terrorists that perpetrated 9-11. NDAA 1021(b)(2) Any person who was a part of or supported: ● Al Qaeda, Taliban or ● Associated forces That are engaged in hostilities against the United States or coalition partners who: ● Committed a belligerent act, or ● Directly supported hostilities in aid of Al-Qaeda or Taliban

12. How is it bad? The NDAA changes the current national security policy in that it expands: Targeting profile (beyond AUMF) Countries being protected (adds coalition partners) Time frame (involvement in terrorist attacks of 9/11/01 not necessary) From a policy of retribution to a policy for a “war on terror”

13. How is it bad? Terrorism is an idea. And not a very popular one. ● You can't legislate an idea out of existence ● You have a better chance of getting struck by lighting...twice...than being killed in a terrorist attack

14. How is it bad? “The government was unable to define precisely what 'direct' or 'substantial' 'support' means...Thus, an individual could run the risk of substantially supporting or directly supporting an associated force without even being aware that he or she was doing so. This measure has a chilling impact on first amendment rights.” -Judge Katherine Forrest

15. How is it bad? The 2012 NDAA does not define terms, and is very vague. “belligerent act”, “associated forces”, “substantially supported” and “coalition partners” are NOT defined in the NDAA. The NDAA authorizes the military to detain American citizens until the end of hostilities. With a war on an idea, that means indefinitely.

16. How is it bad? Since a belligerent or terrorist act is not defined in the NDAA, we must look to the government to define it for us...

20. Does it apply to American citizens? NDAA Section 1022 (2) COVERED PERSONS.—The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1021 who is determined- SO WHAT IS “THE REQUIREMENT?”

21. Does it apply to American citizens? NDAA Section 1022 (a)(1) CUSTODY PENDING DISPOSITION UNDER LAW OF WAR. (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 in military custody pending disposition under the law of war.

22. Does it apply to American citizens? “Shall Hold” Means Must Hold

23. Does it apply to American citizens? NDAA Section 1021 (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

24. Does it apply to American citizens? ● Removing the requirement “shall hold” means the the U.S. Military “may hold” U.S. Citizens. ● Making the requirement not extend to American citizens gives the U.S. Military the option. ● It does not “prohibit” U.S. Citizens from being detained by the U.S. Military under section 1022.

26. Do we really want to give the president that kind of power?

27. Does the NDAA undermine your Constitutional rights? YES! It violates... Article I, Section 9 - suspension clause Article III, Section 2 – grand jury indictment Article III, Section 3 – treason 1 st Amendment – free speech 2 nd Amendment – right to bear arms 4 th Amendment – secure in persons and papers 5 th Amendment – due process 6 th Amendment – speedy trial 8 th Amendment – cruel and unusual punishment

28. Does the NDAA undermine your Constitutional Rights? Even though the NDAA directly violates at least 6 Amendments in the Bill of Rights, that is not the most dangerous part of this law!

29. Does the NDAA Undermine your Constitutional Rights? The most dangerous part of the NDAA is hidden in the requirement to detain. Let's look at it again and highlight a different part: “ 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 in military custody pending disposition under the law of war.

30. Does the NDAA undermine your Constitutional rights? The Law of war governs what countries can and cannot do during wartime. ● It has no 2 nd Amendment rights ● It has no 4 th Amendment rights ● It has NO Constitutional rights ● This law does not just violate the bill of rights, it removes the Constitution entirely.

31. Does the NDAA undermine your Constitutional rights? They have taken the U.S. Constitution, once the Supreme law of the Land, and replaced it with the Law of War.

32. What can, and should, I do about it? ● Talk to friends and family about the NDAA, and encourage them to look it up themselves. ● Talk to your local lawmakers and encourage them to look at ways to nullify the NDAA ● Join up with an organization like PANDA to fight indefinite detention and nullify this unconstitutional legislation!

33. What can, and should, I do about it? Remember... “All that is necessary for the triumph of evil is that good men do nothing” -Edmund Burke