Overstreet bill creating Washington State Preservation of Liberty Act receives public hearing

House Bill 1581 would condemn the indefinite detention of U.S. citizens and lawful resident aliens within the boundaries of Washington state

Rep. Jason Overstreet’s legislation that would condemn the indefinite detention of U.S. citizens and lawful resident aliens within the boundaries of the state of Washington under the 2012 National Defense Authorization Act (NDAA) received a hearing in the House Public Safety Committee today. House Bill 1581, the Washington State Preservation of Liberty Act, would protect the rights of Washingtonians by preventing any local or state official from assisting in the indefinite detention of U.S. citizens in Washington state.

“Washingtonians are guaranteed the right of due process in both the U.S. and Washington State Constitutions. Upon signing the 2012 National Defense Authorization Act, the President tacitly acknowledged that he now has the ability to deny this right through indefinite detention, but in his signing statement promised us he will not exercise it,” said Overstreet, R-Lynden. “The U.S. Congress and President have overstepped their constitutional authority. The Washington State Preservation of Liberty Act seeks to preserve the rights of Washingtonians so brazenly tossed aside by Washington D.C.”

The 2012 National Defense Authorization Act was signed into law by President Obama on Dec. 31, 2011. In December 2012 Congress passed, and the President signed, the National Defense Authorization Act for fiscal year 2013. They failed to include in the 2013 NDAA a specific exclusion from section 1021 of the 2012 NDAA for United States citizens and lawful resident aliens for conduct occurring within the United States.

“The bill affirms that it is indisputable that the threat of terrorism is real and that the full force of appropriate and constitutional law must be used to defeat this threat. However, winning the war against terror cannot come at the great expense of eviscerating the unalienable rights recognized by and protected in the United States Constitution and the Washington State Constitution,” said Overstreet. “Undermining these constitutional rights serves only to concede to the terrorists’ demands of changing the fabric of what has made the United States a republic, granting the greatest number of people the greatest amount of freedom.”

The committee is not likely to vote on House Bill 1581 before tomorrow’s policy committee cutoff date, but Overstreet said he would continue to work on the issue. 

For more information, visit our Web site at: www.houserepublicans.wa.gov.

PHOTO: Rep. Overstreet testifies on HB 1851 before the House Public Safety Committee on Feb. 21.

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