Lane County Commissioners,
I've prepared this email to summarize the list of objectives we would like to see addressed in the up coming
work session for the Anti-NDAA resolution. We would like to see the resolution address the following
objectives;
1. Identify how the NDAA could be interpreted to violate numerous constitutional rights protected by both the
state and federal constitutions.
2. Acknowledgement that as the legislative representatives for the people in Lane county, and who have pledge
an oath to serve and protect the Oregon and U.S. Constitutions, by giving the NDAA or similar laws any legal
legitimacy in this county would be in direct conflict with your oath of office.
3. Clearly demonstrate that the NDAA, or any similar law or interpreted authority, which infringes upon the
constitutional rights of the people in Lane county, has no legal legitimacy and should not be implemented or
assisted in their execution.
:1:. Instruct all our public agencies to decline any requests by any private, or public authority acting under
detention powers granted by the NDAA, or similar law or authority that could infringe upon residents' freedom
of speech, religion, assembly, privacy, or rights to counsel;
5. Encourage and protect individuals to stand up and speak out about such abuses or suspected actions they have
witnessed concerning the NDAA or violations of the peoples constitutional rights.
§.. Require all federal and state law enforcement officials acting within the county to work in accordance with
local and state laws, and in cooperation with the Lane county Sheriffs department.
1. Specifically encourage and request that the county Sheriff upholds his oath to serve and protect the Oregon
and U.S. Constitutions, and protects the people in Lane county from any attempts to implement the NDAA or
any other law that conflicts with any of the constitutional rights of the people.
li· To ask our state legislators to pass legislation that prohibits Oregon residents from being detained under the
NDAA or any similar authority.
9. Request that our United States Congressional delegate monitor the implementation of the NDAA and actively
work for the repeal of the NDAA's detention provisions (Sec.1021 and 1022), and expressly prohibit the
application of the "law of war" to restore fundamental rights and liberties embodied in the Constitutions of the
State of Oregon and the United States.
10. Demonstrate and ensure this resolution maintains its purpose and permanence for future commissioners,
county sheriffs and all other county officials as long as the NDAA and other dangerous and unconstitutional
laws continue to threaten the constitutional rights of the people in Lane county.
RESOLUTION OPPOSING THE INDEFINITE MILITARY DETENTION
WITHOUT TRIAL OF US CITIZENS UNDER SECTIONS 1021 AND 1022 OF
THE 2012 NDAA.
WHEREAS, the Constitution of the United States is the foundation of our nation's rights
and freedom, and the basis of our representative democracy, and the indefinite military
detention of any person without trial violates Article III as well as the 5th and 6th
amendments of the Constitution ofthe United States, and
WHEREAS, it can be interpreted that the indefinite military detention without trial of
any person, including U.S. citizens, could be allowed by Sections 1021 and 1022 of the
National Defense Authorization Act (NDAA)
WHEREAS, Lane County is not a "battlefield" subject to the "laws of war;" and
WHEREAS, in the recent lawsuit Hedges v. Obama, Federal Judge Katherine Forrest
ruled Section 1021 of the 2012 NDAA unconstitutional under the First and Fifth
Amendments. This well-reasoned decision was overturned by the Second Circuit Court of
Appeals based on a legal technicality unrelated to the merits of the case; 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
NOW, THEREFORE, BE IT RESOLVED, that Lane County Strongly affirm our
loyalty to the rights and liberties enshrined within the Constitution of the United States,
including the Fifth Amendment right to due process and the Sixth Amendment right to
trial;
Instruct all our public agencies to decline requests by federal agencies acting under
detention powers granted by the NDAA, or similar law or authority that could infringe
upon residents' freedom of speech, religion, assembly, privacy, or rights to counsel;
Expect all federal and state law enforcement officials acting within the county to work in
accordance with local and state law, and in cooperation with the Lane County Sheriff's
department, by allowing any detainees not serving "in the land or naval forces, or in the
Militia, when in actual service in time ofWar or public danger" among Lane County's
residents or visitors access to a trial, counsel and due process, protected under Article III,
the Fourth, Fifth, and Sixth Amendments of the Constitution of the United States;
Request that our United States Congressional delegate monitor the implementation of the
NDAA and actively work for the repeal of the NDAA' s detention provisions (Sec.1 021
and 1022) , and expressly prohibit the application of the "law of war" to restore
fundamental rights and liberties embodied in the Constitutions ofthe State of Oregon and
the United States.
BE IT FURTHER RESOLVED, that Lane County requests the Oregon State
Legislature recognize the duty ofthe state of Oregon to interpose itselfbetween
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.
BE IT FURTHER RESOLVED, that the Board of Lane County Commissioners
forward copies of this resolution to the Oregon State Governor, State Legislative
Representatives, State Attorney General, and Oregon's Congressional Delegates.