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Montanans Launch Recall of Senators Who Approved NDAA Military Detention.

This is from a statement from Stewart Rhodes of Oathkeepers regarding Republican Denny Rehberg as a target of recall, who also voted for NDAA.

“Here in Montana, while we will go after all three violators of the Bill of Rights, I will place special emphasis and “focus of effort” on Denny Rehberg, since he is so fond of wrapping himself in the flag and claiming to be defending the Constitution while his votes do the exact opposite. In that sense, Rehberg is much like John McCain and Lindsey Graham, two Republicans who, right along with Carl Levin and Joseph Lieberman, are leading a sustained and relentless assault on our Bill of Rights.”

From the press release: By: Ralph Lopez

Moving quickly on Christmas Day after the US Senate voted 86 – 14 to pass the National Defense Authorization Act of 2011 (NDAA) which allows for the indefinite military detention of American citizens without charge or trial, Montanans have announced the launch of recall campaigns against Senators Max Baucus and Jonathan Tester, who voted for the bill.

Montana is one of nine states with provisions that say that the right of recall extends to recalling members of its federal congressional delegation, pursuant to Montana Code 2-16-603, on the grounds of physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, or conviction of certain felony offenses.

Section 2 of Montana Code 2-16-603 reads:

“(2) A public officer holding an elective office may be recalled by the qualified electors entitled to vote for the elective officer’s successor.”

The website Ballotpedia.org cites eight other states which allow for the recall of elected federal officials: Arizona, Colorado, Louisiana, Michigan, Nevada, North Dakota, Oregon, and Wisconsin. New Jersey’s federal recall law was struck down when a NJ state judge ruled that “the federal Constitution does not allow states the power to recall U.S. senators,” despite the fact the Constitution explicitly allows, by not disallowing (“prohibited” in the Tenth Amendment,) the states the power to recall US senators and congressmen:

“The powers not…prohibited…are reserved to the States…or to the people.” – Tenth Amendment of the U.S. Constitution.

The issue of federal official recall has never reached the federal courts.

Montana law requires grounds for recall to be stated which show conformity to the allowed grounds for recall. The draft language of the Montana petitions, “reason for recall” reads:

“The Sixth Amendment of the U.S. Constitution guarantees all U.S citizens:“a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…”

The National Defense Authorization Act of 2011 (NDAA 2011) permanently abolishes the Sixth Amendment right to a jury trial, “for the duration of hostilities” in the War on Terror, which was defined by President George W. Bush as “task which does not end” to a joint session of Congress on September 20, 2001.

Those who voted Aye on December 15th, 2011, Bill of Rights Day, for NDAA 2011 have attempted to grant powers which cannot be granted, which violate both the spirit and the letter of the Constitution and the Declaration of Independence.

The Montana Recall Act stipulates that officials including US senators can only be recalled for physical or mental lack of fitness, incompetence, violation of the oath of office, official misconduct, or conviction of a felony offense. We the undersigned call for a recall election to be held for Senator Max S. Baucus [and Senator Jonathan Tester] and charge that he has violated his oath of office, to protect and defend the United States Constitution.”

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One Comment on “Montanans Launch Recall of Senators Who Approved NDAA Military Detention.”

  1. Rwolf January 10, 2012 at 7:09 am #

    Re: Multi-State Recall Petitions of Congressman that voted for (NDAA)
    The National Defense Authorization ACT of 2012

    Some observers believe NDAA included the vague term “Belligerent” in the manner it did, so U.S. Government would have authority granted by Congress to Indefinitely Detain large numbers of Americans not involved in terrorism. Under NDAA, U.S. Government can deem anyone a “Belligerent” for indefinite detention. The term “Belligerent” is so Expansive and Vague an American Citizen could be labeled a “Belligerent” for exercising First Amendment Rights—speaking out for or against any issue; protesting a U.S. Government Policy; agency or coalition Partner. It is foreseeable U.S. Government will threaten Americans with Indefinite Detention that refuse to act as informants.

    The passed (Defense Authorization Act of 2012) appears more threatening to Americans than (Hitler’s FASCIST 1933 Discriminatory LAWS) that suspended provisions in the Reich Constitution that Protected German Citizens’ Civil Liberties? For example—Note below that Hitler’s 1933 DISCRIMINATORY LAWS (stated time limits) German Citizens could be incarcerated for e.g., Serious Disturbance of the Peace, Provoking Public Unrest, Rioting; Acts that threatened National Security. In contrast Senators John McCain and Carl Levin’s National Defense Authorization Act of 2012—mandates holding Americans’ (Indefinitely) in Military Custody for being a mere “Belligerent.”

    Under the passed National Defense Authorization, could some Americans be (Retroactively) subject to Indefinite U.S. Military or Prison Detention without charges or right to an attorney or trial? Consider that most American activists don’t know what other activists and groups they networked or associated did in the past—perhaps illegal. Both the National Authorization Act of 2012 and USA Patriot Act are expansive and vague—what constitutes (1) a terrorist act, (2) supporting or aiding terrorists; (3) when someone is a “Combatant” or (4) “a Belligerent.” For example, Americans advocating, attending or supporting a meeting or protest demonstration against a U.S. Government Agency; Policy or U.S. Military Action—could be charged with (1) (2) (3) and (4) under NDAA and the Patriot Act.

    History Repeats Itself: When other countries passed Police State Laws like The Defense Authorization Act of 2012, Citizens increasingly abstained from politically speaking out; visiting activist websites or writing comments that might be deemed inappropriate by the Police State Government, e.g. cause someone to lose their job; be investigated; disappeared, and or detained in Police/Military Custody. Some writers might be dead-meat under NDAA. It appears that “Americans” who write on the Internet or verbally express an opinion against any entity of U.S. Government or its coalition partners—may under the Patriot Act or The Defense Authorization Act—be deemed by U.S. Government (someone likely to engage in, support or provoke violent acts or threaten National Security—to order an American writer’s indefinite military or prison detention.

    Is NDAA Retroactive? Can U.S. Government invoke provisions of NDAA or the Patriot Act to assert a U.S. Citizen’s past or current writings (protected by the 1st Amendment) have supported or aided terrorists; provoked combatants or belligerents as a premise to order an author’s Indefinite Detention? The Defense Authorization Act of 2012 did more than Chill Free Speech—it may FREEZE IT!

    It should be expected that indefinitely detained U.S. Citizens not involved in terrorism or hostile activities, not given Miranda Warnings when interrogated or allowed legal counsel; will also be prosecuted for non-terrorist (ordinary crimes) because of their (alleged admissions) while held in Indefinite Detention. See below: Hitler’s 1933 Fascist Laws that might appear mild in several respects when set side by side with the National Authorization Act of 2012.

    1933. ROBL. I 83.

    GERMANY Preliminary Compilation of Selected Laws, Decrees, and Regulations:

    DISCRIMINATORY LAWS:

    DECREE OF THE REICH PRESIDENT FOR THE PROTECTION OF THE PEOPLE AND STATE

    Note: Based on translations by State Department, National Socialism, 1942 PP. 215-17, and Pollak, J.K., and Heneman, H.J., The Hitler Decrees, (1934), pp. 10-11.7

    In virtue of Section 48 (2) of the German Constitution, the following is decreed as a defensive measure against Communist acts of Violence, endangering the state:

    Section 1
    Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.

    Section 2
    If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.

    Section 4
    Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to then for the execution of this decree, or the orders given by the Reich Government according to Section 2, is punishable—insofar as the deed, is not covered by the decree with more severe punishment and with imprisonment of not less that one month, or with a fine from 150 up to 15,000 Reich marks.
    Who ever endangers human life by violating Section 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less that two years. In addition the sentence my include confiscation of property.
    Whoever provokes an inciter to or act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.

    Section 5
    The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (explosion), 312 (floods), 315, paragraph 2 (damage to railroad properties, 324 (general poisoning).
    Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:

    1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;
    2. Anyone who under Section 115 (2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;
    3. Anyone who commits a kidnapping under Section 239 of the Criminal with the intention of making use of the kidnapped person as a hostage in the political struggle.

    Section 6
    This decree enters in force on the day of its promulgation.
    Reich President
    Reich Chancellor
    Reich Minister of the Interior Reich Minister of Justice

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