DELEGATE MIKE MCDERMOTT PRESS RELEASE 3-8-12

HJ12: Returning the Right of Due Process to American Citizens

Today it was announced that House Joint Resolution 12 - Abridgement of Federal and State Constitutional Protections in the 2012 National Defense Authorization Act - will be heard on Monday, March 12th at 2:30 in the House Rules and Executive Nominations committee.

“Provisions in the National Defense Authorization Act (‘NDAA’) are absolutely tyrannical, not only do they go against the basic American principles of liberty but they directly undermine the United States Constitution. At least six other states have opted out of these unconstitutional provisions and Maryland should join them by enacting HJ12.” replied Delegate Michael A. McDermott (Worcester and Wicomico Counties). House Joint Resolution 12 - Abridgement of Federal and State Constitutional Protections in the 2012 National Defense Authorization Act, seeks to condemn and repeal those provisions in Maryland.

Delegate McDermott is referring to sections 1021 and 1022 of the National Defense Authorization Act. Sections 1021 and 1022 of the NDAA have been criticized for vagueness, allowing the military to detain “covered persons... under the law of war, without trial, until the end of hostilities.” The definition for “covered persons” include “associated forces” that are involved in “hostilities” against the United States or “coalition partners”. A proposed amendment to section 1021, which tried to preclude American citizens from this act, failed in the United States Senate.

“The right of habeas corpus has been celebrated as one of the greatest safeguards for liberty in America, yet the NDAA takes this right away. The NDAA gives the President the right to authorize the military to pull American citizens’ out of their homes and to detain them for an unlimited amount of time without giving just cause or explanation. ” stated Delegate McDermott.

“I am not sure if I trust the President to ‘only use’ the NDAA ‘on the bad people,’ which is why it rests on the shoulders of the State to defend Americans’ due process right and limit the federal government’s seemingly unlimited power. Democrats and Republicans need to come together to fight the heinous provisions of the NDAA.” replied Delegate McDermott.