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#1575685 - 12/27/19 09:39 PM
Re: VCDL/GOA Response to AG's "Legal" determination.
[Re: BobVA]
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lue-jones
Demigod
Registered: 02/17/12
Posts: 611
Loc: Virginia, USA.
City or County: Vinton
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On New Year’s Eve in 2011, President Obama signed the National Defense Authorization
Act of 2012 (“NDAA”). Sections 1021 and 1022 of the NDAA allow the military the power to
undertake an indefinite detention of anyone the federal government declares to be an enemy,
including civilians not under the authority of the Department of Defense. These powers apply
6 Less than a month after AG Herring made his filing opposing the Virginia Constitution
and statutes, on February 13, 2014, district court Judge Arenda L. Wright Allen embraced his
position and enjoined the Commonwealth from enforcing the provisions of the Virginia
Constitution and Virginia Code.
even if the person is a U.S. citizen, allowing him to be held without charges, without access to
counsel, and without trial.
Immediately after the public became aware of the NDAA law, there were efforts across
the country to resist this unlawful suspension of the right of habeas corpus and other constitutional
violations. Opposition arose to this unjust, immoral, and unconstitutional law came from across
the political spectrum, even among Democrats who, even though perhaps trusting President
Obama with such powers, understood that a future administration could use it against its political
opponents.
Thus, with broad bipartisan support, and only one dissenting vote in the Senate and seven
dissenting votes in the House, Virginia enacted HB 1160 in 2012, prohibiting Virginia from
assisting the federal government in the unlawful detention of U.S. citizens pursuant to the NDAA.
With a narrow exception designed to exclude information sharing through joint task forces, the
law stated:
no agency of the Commonwealth [including any] political subdivision of the
Commonwealth ... [or] employee of either acting in his official capacity, or
member of the Virginia National Guard or Virginia Defense Force, when such a
member is serving in the Virginia National Guard or the Virginia Defense Force
on official state duty, shall knowingly aid an agency of the armed forces of the
United States in the detention of any citizen pursuant to 50 U.S.C. § 1541 as
provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L.
112-81, § 1021) if such aid would knowingly place any state agency, political
subdivision, employee of such state agency or political subdivision, or
aforementioned member of the Virginia National Guard or the Virginia Defense
Force in violation of the United States Constitution, the Constitution of Virginia,
any provision of the Code of Virginia, any act of the General Assembly, or any
regulation of the Virginia Administrative Code. [Emphasis added.]
Notable among the legislators voting for HB 1160 were both Attorney General Herring and
Governor Northam, on February 28, 2012 and again on April 18, 2012.
Thus, through HB 1160, the Virginia General Assembly established the principle that:
A subordinate level of government has the authority and, indeed, the responsibility,
to refuse to cooperate with a higher level of government when the higher
government enacts a law which violates the Constitution of the United States Hi Bob, Thank you for posting the information above, it was well worth the read. In particular, I found the mention of the National Defense Authorization Act (NDAA) noteworthy because this is information I have previously covered here at the forum. I am pleased to see it made its way into the official GOA/VCDL response because it is not something to simply gloss over and ignore. Obviously somebody at VCDL/GOA found it as significant as I did, otherwise they would not have included it, but I wanted to highlight some of the verbiage above. I would recommend those interested in pursuing this topic futher to check out the below links where a great deal of this information has been previously covered, including links to .edu, .gov and .mil websites relevant to the discussion at hand. NDAA, Martial Law, National Emergencies etc. Command Sgt. Major Dan Pages Warning to America Guerrilla USA As Peking Sees Us - A potential for insurgency in the United States After reading the document, I get the impression it is almost a template for local authorities to follow in the legal justification and frameworks of how to go about opposing any, at this point, any hypothetical unconstitutional laws that may be coming down the line. Unfortunately I do not see this information as being bullet proof by any means and is very much open for the interpretation and the descretion of local political and law enforcement authorities. We have an untold number of laws already on the books, including common law enforement practices that can be argued to be unconstitutional that are enforced everyday in America without so much as a blink of an eye from these local law enforcement authorities. I think there is a great deal of faith and hope involved in the overall message from VCDL/GOA that may be missing the true nature and reality of how the system actually works. A lot of this in my opinion is feel good verbiage that doesn't negate for one second what may or may not be coming down the line in the immediate future. And unfortunately, I do not think any of this information will stop the law enforcement agencies who are in fact sent to enforce any of these now currently hypothetical unconstitutional laws. While some of the points of interest in the document may or may not have legal standing in the grand scheme of things, it will not stop the authorities from exercising their duties to enforce whatever order they've been handed down from their chain of command. They will serve their warrants, they will take you into custody, they will take your firearms and you will very likely have a stack of charges a mile high for the media to report on as to the justification for your obvious and immediate removal from "free society." They will let your lawyer, if you're still alive or allowed to have one, handle the rest of the legal redtape later. That is, if you can afford a lawyer. If you can't, good luck with that! The fact the NDAA exists, the Patriot Act, or the any number of credible reports of local, state and federal government agencies stockpiling ammunition and armored vehicles, military equipment, drones etc under the Obama administration and likely beyond should tell you the stage has been set long ago for what we are seeing now. I recommend everyone expect and prepare for the worst while hoping for the best. That way you wont be caught with your trousers down if the worst comes to pass.
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#1575702 - 12/27/19 10:09 PM
Re: VCDL/GOA Response to AG's "Legal" determination.
[Re: BobVA]
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lue-jones
Demigod
Registered: 02/17/12
Posts: 611
Loc: Virginia, USA.
City or County: Vinton
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The immediate aftermath of the storm, however, triggered what many officials say was the largest rescue and relief effort by the National Guard in response to a natural disaster. For many, the Guard response - which included more than 50,000 Guard members from every state, territory and the District of Columbia - has been described as the Guard's "finest hour." Confronted with images of corpses floating in the blackened floodwaters or baking in the sun on abandoned highways, there aren’t too many people left who see what happened following Hurricane Katrina as a purely “natural” disaster. The Blackwater operators described their mission in New Orleans as “securing neighborhoods,” as if they were talking about Sadr City. When National Guard troops descended on the city, the Army Times described their role as fighting “the insurgency in the city.” Brigadier Gen. Gary Jones, who commanded the Louisiana National Guard’s Joint Task Force, told the paper, “This place is going to look like Little Somalia. We’re going to go out and take this city back. This will be a combat operation to get this city under control.” “New Orleans has turned into an armed camp, patrolled by thousands of local, state, and federal law enforcement officers, as well as National Guard troops and active-duty soldiers.” The local police superintendent ordered all weapons, including legally registered firearms, confiscated from civilians. In the past, when we have seen a shortage of manpower there were arrangements made to deal with that. In interviews, Guard commanders and state and local officials in Louisiana said the Guard performed well under the circumstances. But they say it was crippled in the early days by a severe shortage of troops that they blame in part on the deployment to Iraq of 3,200 Louisiana guardsmen. Reinforcements from other states' National Guard units, slowed by the logistics and red tape involved in summoning troops from civilian jobs and moving them thousands of miles, did not arrive in large numbers until the fourth day after the hurricane passed. Some states got troops there quickly. Sgt. Lawrence Ouellette, a Rhode Island guardsman who works as a police officer, was in court in Central Falls, R.I., on Aug. 31, when he got the call. Just 24 hours later, he and his fellow soldiers had flown to a base near New Orleans and then flew by helicopter to the Superdome to help.
If you read HB 1160 highlighted above, its the devil that is in the details. The verbiage is of particular relevance, because while it says no agency of the commonwealth may assist, bar the exceptions, it does not prohibit the other possibilities we have seen exercised in the past, some of which are highlighted above. This is in fact an in depth subject, though one with a plethora of information available on it for those willing to do the research. I have provided a number of links for those willing to wade through the academic writings to get to the bottom line.
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#1575719 - 12/27/19 11:14 PM
Re: VCDL/GOA Response to AG's "Legal" determination.
[Re: BobVA]
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bustedknee
Curmudgeon
Registered: 02/17/10
Posts: 1750
Loc: Southwest Va
City or County: Wythe
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My, my, my!
That's it! That's all I got.
_________________________
"I am old, sick, and tired of living. If you feel the need to mess with me, go right ahead."
My Uncle, with his hand on his pistol (in his pocket), talking to a troublemaker.
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#1575759 - 12/28/19 06:41 AM
Re: VCDL/GOA Response to AG's "Legal" determination.
[Re: BobVA]
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lue-jones
Demigod
Registered: 02/17/12
Posts: 611
Loc: Virginia, USA.
City or County: Vinton
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#1576786 - 12/30/19 08:27 PM
Re: VCDL/GOA Response to AG's "Legal" determination.
[Re: BobVA]
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lue-jones
Demigod
Registered: 02/17/12
Posts: 611
Loc: Virginia, USA.
City or County: Vinton
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