Restore Due Process Model Resolution

Executive Accountability for Torture Model Resolution
October 21, 2015
Testimony to the Information, Security and Privacy Advisory Board, 2015
October 23, 2015

Resource: Restore Due Process Model Resolution

President Obama signed the National Defense Authorization Act (NDAA) into law on December 31, 2011. The NDAA contains provisions that could allow indefinite and arbitrary military detention, without a trial or day in court, of anyone accused of any “belligerent act” or terror-related offense—including “material support” allegations based strictly on speech or association. It essentially subjects everyone within the US (including citizens, legal residents, and visitors) to the same lawless standards at work in Guantánamo Bay.

The NDAA subjects these individuals to arbitrary detention without trial, denying the Fifth Amendment’s guarantee of due process and Sixth Amendment rights to challenge evidence and confront one’s accusers. The NDAA also endangers First and Fourth Amendment rights, because the PATRIOT Act expanded the definition of “material support for terrorism” to include crimes of speech and association even by defendants who neither committed nor ever intended to support violence.

One of the most effective ways to keep public attention on due process is to organize support for local statements or resolutions opposing military detention and supporting the right to trial.

BORDC has drafted a Restore Due Process Model Resolution that gives any city or town the opportunity to raise its voice in defense of due process and the right to trial. Cities,counties, and even states across America have already begun mobilizing, and the first resolution opposing the NDAA has already passed in El Paso County, CO, home of the US Air Force Academy. Could your city or town be next?

Model resolutions and state bills

Resources on the National Defense Authorization Act (NDAA)

Cities and states standing up for due process and the right to trial

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