House Bill 2759 would condemn the indefinite detention of U.S. citizens and lawful resident aliens within the boundaries of Washington state
Rep. Jason Overstreet has introduced 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. House Bill 2759, 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, except for a few narrowly-prescribed circumstances.
“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 that he will not exercise it,” said Overstreet, R-Blaine. “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. Section 1021 of the act makes no specific exclusion for United States citizens and lawful resident aliens for conduct occurring within the United States. Even though President Obama acknowledged he had the authority to indefinitely detain citizens and legal aliens, and said he would not exercise that authority, many people believe it remains incredible that he would be given such unconstitutional powers in the first place.
“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.”
House Bill 2759 has been referred to the House Judiciary Committee. The 2012 legislative session is scheduled to adjourn March 8.
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Contact: John Handy, Deputy Communications Director, (360) 786-5758
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