Tomorrow’s BOC agenda includes discussion on a county resolution opposing subsections 1021 and 1022 of Title X, Subtitle D of the 2012 NDAA (National Defense Authorization Act). Previous resolutions through organizations working to repeal these provisions have so far been rejected by Commissioners Melissa Cribbins and John Sweet but tomorrow’s agenda includes a stripped down version prepared by county counsel at the request of Bob Main.

WHEREAS it appears to the Board of Commissioners that subsections 1021 and 1022 of Title X, Subtitle D of the NDAA authorize the indefinite military detention of persons the U.S. government suspects of involvement with terrorism, including U.S. citizens on American soil;
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Board of Commissioners opposes the above-described provisions of the NDAA.

For comparison purposes read a resolution prepared by PANDA (People Against The National Defense Authorization Act). It is unknown whether Cribbins and Sweet will sign even the shortened version above and widely disparate groups have come together to raise awareness of the offending provisions and may not feel it is adequate.

WHEREAS, Coos County is not a “battlefield” subject to the “laws of war;” and
WHEREAS, Federal Judge Katherine Forrest has ruled Section 1021 of the 2012 NDAA is unconstitutional; and
WHEREAS, the U.S. Supreme Court has ruled that neither Congress nor the President can constitutionally authorize the detention and/or disposition of any person in the United States, or citizen of the United States “under the law of war” who is not serving “in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;” and
(Ex Parte Milligan, 71 U.S. 2, 1866)
WHEREAS, for the purposes of this resolution, the terms “arrest,” “capture,” “detention under the law of war,” “disposition under the law of war,” and “law of war” are used in the same sense and shall have the same meaning as such terms have in the 2012 NDAA, Section 1021(c); and therefore
BE IT RESOLVED, that notwithstanding any treaty, federal, state, or local law or authority, enacted or claimed, including, but not limited to, an authorization for use of military force, national defense authorization act, or any similar law or authority enacted or claimed by Congress or the Office of the President directed at any person in Coos County who is not serving “in the land or naval forces, or in the Militia, when in actual service in time of War or public danger,” it is unconstitutional, and therefore unlawful for any person to:

a. arrest or capture any person in Coos County, or citizen of Coos County within the United States, with the intent of “detention under the law of war,” or
b. actually subject a person in Coos County to “disposition under the law of war,” or
c. subject any person to targeted killing in Coos County, or citizen of Coos County within the United States; and be it further
RESOLVED, that Coos County requests the Oregon State Legislature recognize the duty of the state of Oregon to interpose itself between unconstitutional usurpations by the federal government or its agents and the people of this state, as well as the duty to defend the unalienable natural rights of the people, all of which is consistent with our oaths to defend the Constitution of the United States and the constitution of Oregon against all enemies, foreign and domestic; and be it further
RESOLVED, that Coos County requests our Congressional delegation commence immediately with efforts to repeal the unconstitutional sections of the 2012 NDAA, to-wit, sections 1021 and 1022, and any other section or provision which will have the same or substantially the same effect on any person in the United States not serving “in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;” and be it finally
RESOLVED, that Coos County requests our Congressional delegation introduce, support, and secure the passage of legislation which clearly states that Congress not only does not authorize, but in fact prohibits the use of military force, military detention, military trial, extraordinary rendition, or any other power of the “law of war” against any person in the United States not serving “in the land or naval forces, or in the Militia, when in actual service in time of War or public danger.”

Please attend tomorrow’s meeting beginning at 9:30 AM at the Owen Bldg in Coquille.