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Lawsuit claims hackers stole customer data at 1000 Arby’s stores

ATLANTA Georgia-based Arby s restaurant chain failed to prevent hackers from stealing customer information at hundreds of its stores, a Connecticut couple said in a new federal lawsuit. Since early February, eight credit unions and banks from Indiana, Alabama, Arkansas, Louisiana, Michigan, Pennsylvania and Montana have filed seven other federal lawsuits. All make similar allegations about what the credit unions describe as a massive data breach. Arby s said in a statement Monday that it s not commenting on the pending litigation, but we believe the claims are without merit and intend to vigorously defend against them.

From late October through Jan. 19, hundreds of thousands, if not millions, of credit and debit cards issued by financial institutions, including Plaintiff, were compromised due to Arby s severely inadequate security practices, North Alabama Educators Credit Union states in its lawsuit filed last month.

Arby s actions and omissions left highly sensitive Payment Card Data of the Plaintiff s customers exposed and accessible for hackers to steal for nearly three months, the Alabama credit union maintains. In the latest lawsuit, Jacqueline and Joseph Weiss of Glastonbury, Conn., say computer hackers used data-looting malware to penetrate systems at about 1,000 Arby s restaurants during the breach. In December 2016, the couple discovered thousands of dollars in unauthorized charges on the Visa card they d used at an Arby s in Connecticut, they say in their lawsuit filed last week.

The Weiesses lawsuit asserts that a credit union organization alerted its members that at least 355,000 credit and debit cards were compromised by the Arby s breach. By installing malware at the Point Of Sale or cash register, hackers were able to steal payment card data from remote locations as a card was swiped for payment, Indiana-based Midwest America Federal Credit Union claimed in a February lawsuit. Arby s knew the danger of not safeguarding its POS network as various high profile data breaches have occurred in the same way, including data breaches of Target, Home Depot and, most recently, Wendy s, the Indiana credit union maintains in its lawsuit.

Lawyers for the Weisse s say the threat isn t over.

There is a strong probability that entire batches of stolen information have yet to be dumped on the black market, they state, meaning Arby s customers could be at risk of fraud and identity theft for years into the future.

It s not clear whether a criminal investigation has been opened in the Arby s breach. The FBI s policy is not to confirm or deny whether a matter is being investigated, FBI Special Agent Stephen Emmett said Monday.

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This country’s government to announce legal weed is coming next year

Justin Trudeau and bride Sophie Gregoire leave the Sainte-Madeleine D’Outremont Church, Montreal, after their wedding ceremony here, May 28, 2005. The car a 1959 Mercedez 300SL, was Pierre Trudeua’s car and was recently renovated and given its original silver grey colour.

(Bernard Weil/Toronto Star via Getty Images)

With son Justin in her lap; Margaret Trudeau; wife of Prime Minister Pierre Trudeau; sits in a car outside the Inn on the Park just before a lunchtime visit to the home of friends. Star photographers Dick Loek had been waiting in the Don Mills hotel’s lobby hoping the family might emerge. Mrs. Trudeau; with Justin in her arms; walked to her car accompanied by three security men. At the time; her husband was visiting an Etobicoke Ukrainian home for the elderly.

(Photo by Dick Loek/Toronto Star via Getty Images)

Justin steals the show. Margaret Trudeau; the Prime Minister’s wife; and son Justin walk along the lake at Mont Tremblant.

(Photo by Graham Bezant/Toronto Star via Getty Images)

Tracking the track stars. Drama of the pole-vaulting at Toronto Star Maple Leaf Indoor Games last night in Maple Leaf Gardens captured Prime Minister Pierre Trudeau and his wife; Margaret; but their 2-year-old son; Justin; was a little overwhelmed by it all. Although their two-day visit to Metro was on a crowded schedule; Trudeaus stayed ‘at games for more than an hour. They had hoped to st for all events; but Justin tired and wouldn’t sleep they left before halfway mark.

(Photo by Boris Spremo/Toronto Star via Getty Images)

Justin Trudeaus (R)

(Photo by Boris Spremo/Toronto Star via Getty Images)

Canadian Prime Minister Pierre E. Trudeau joins sons Justin, Sacha, and Michel in this photo for his 1980 Christmas card. Justin and Sacha will be nine and seven years, respectively on Christmas Day. Michel is five

(Bettmann via Getty Images)

Justin Trudeau pictured at age 14 in December, 1986.

(Boris Spremo/Toronto Star via Getty Images)

Justin Trudeau, the eldest son of former Canadian Prime Minister Pierre Trudeau, speaks about the loss of his brother Michel as he is accompanied by his mother Margaret, as they launch an awareness campaign with the Canadian Avalanche Foundation, January 14 on Mt. Seymour. As a result of the loss of Michel in an Avalanche accident in 1998, the Trudeau family is helping support avalanche safety awareness.

(Reuters Photographer / Reuters)

Sacha(L) and Justin Trudeau(C) and former wife Margaret Kemper(R) of former Canadian Prime Minister Pierre Trudeau look over his casket in the Hall of Honor on Parliament Hill in Ottawa, Canada 30 September, 2000. The former prime minister died 28 September after a a battle with prostate cancer.


Justin Trudeau (L) and his brother Alexandre, sons of the late Canadian Prime Minister Pierre Trudeau, pose with a stamp honouring their father at it’s unveiling in Montreal, July 3, 2001. Pierre Trudeau, one of Canada’s most popular politicians, died in September 2000.

(Shaun Best / Reuters)

Justin Trudeau speaks at the countdown to World Youth Day 2002at Nathan Philips Square. The international youth conference and papal visit to Canada from July 18-28, 2002 will be held at the old Downsview airport.

(Photo by Jim Ross/Toronto Star via Getty Images)

Justin Trudeau, on stage, during the tribute to Jean Chretien at the ACC.

(Rick Madonik/Toronto Star via Getty Images)

His Holiness the Dalai Lama of Tibet (R) greets Justin Trudeau, son of former Canadian Prime Minister Pierre Trudeau, at the Kalachakra Teachings at the Sky Dome in Toronto, April 25, 2004. His Holiness will confer the Kalachakra Initiation for World Peace, the largest Buddhist ritual and initiation regularly conferred by the Dalai Lama.

(REUTERS/Mike Cassese MC/HB)

Justin and Alexandre Trudeau stand by the plaque which offically renames Dorval Airport in honor of their late father former Prime Minister Pierre Elliot Trudeau in Montreal on September 9, 2003. The new name “The Montreal Pierre Elliott Trudeau International Airport” will be effective January 1, 2004.

(REUTERS/Christinne Muschi)

Justin Trudeau and bride Sophie Gregoire share a kiss as Margaret Trudeau looks on as they leave the Sainte-Madeleine D’Outremont Church, Montreal, after their wedding ceremony here, May 28, 2005.

(Bernard Weil/Toronto Star via Getty Images)

Justin Trudeau introduces Liberal leadership candidate Gerard Kennedy at the Liberal convention in Montreal, December 1, 2006.

(REUTERS/Shaun Best)

Liberal leadership candidate Gerard Kennedy and Justin Trudeau, son of former Canadian Prime Minister Pierre Trudeau, attend the Liberal convention in Montreal, November 29, 2006. The Liberal Party will elect a new leader later in the week.

(REUTERS/J.P. Moczulski)

Justin Trudeau, son of former Prime Minister Pierre Trudeau, talks to supporters after winning the Liberal nomination for the Montreal riding of Papineau April 29, 2007.

(REUTERS/Shaun Best)

Justin Trudeau, son of former Canadian Prime Minister Pierre Trudeau and candidate for the Liberal Party in Montreal, is seen during an interview in his campaign office on October 12, 2008 in Montreal, two days before the federal elections on October 14. One of three sons of Pierre Elliott Trudeau, prime minister of Canada from 1968 to 1979, and 1980 to 1984, Justin Trudeau swapped a teaching career for a chance to represent his father’s Liberals in the Montreal electoral district of Papineau, and win it back from the separatists who took it in 2006.

(DAVID BOILY/AFP/Getty Images)

Mia Farrow and Justin Trudeau

(Colin McConnell/Toronto Star via Getty Images)

Liberal MP Justin Trudeau is pictured during an event to mark the end of ‘Movember’ on Parliament Hill in Ottawa November 30, 2010. A group of MPs and staff who grew moustaches during the month of November raised more than CDN $30,000 for prostate cancer research.

(REUTERS/Chris Wattie)

Canadian Liberal Leader Michael Ignatieff serves pancakes with Liberal MP Justin Trudeau as they attend a pancake breakfast in Frampton, July 21, 2010.

(REUTERS/Mathieu Belanger)

Lui Temkovski the Liberal candidate for Oak Ridges-Markham gets a visit from Justin Trudeau during his Liberal Party’s auxiliary tour around the GTA today. They go mainstreeting in the town of Markham.

(Photo by David Cooper/Toronto Star via Getty Images)

Liberal Party leadership candidate Justin Trudeau speaks to supporters at a rally in Mississauga, October 4, 2012.

(REUTERS/Mike Cassese)

Liberal leadership candidate Justin Trudeau smiles during his speech at the Dashmesh Culture Senior Citizen Society in Calgary, Alberta, October 3, 2012. Calgary was his first stop after announcing he will seek the leadership of the Liberal party of Canada.

(REUTERS/Todd Korol)

Sophie Gregoire and Justin Trudeau arrive at the ‘Midnight’s Children’ Premiere at the 2012 Toronto International Film Festival at Roy Thomson Hall on September 9, 2012 in Toronto, Canada.

(Photo by Jemal Countess/Getty Images)

Liberal Member of Parliament Justin Trudeau meets liberal supporters at a Stampede breakfast during the 100th anniversary of the Calgary Stampede in Calgary, Alberta, July 7, 2012.

(REUTERS/Todd Korol)

Justin Trudeau speaks as Leader of the Liberal Party of Canada, 2013

Liberal leader Justin Trudeau dumps a bucket of ice water onto Liberal MP Sean Casey for the ALS ice bucket challenge during a break in the Federal Liberal summer caucus meetings in Edmonton August 19, 2014.

(REUTERS/Dan Riedlhuber/File Photo)

French President Francois Hollande welcomes Canadian Prime Minister, Justin Trudeau prior to attending a meeting at the Elysee Presidential Palace on November 29, 2015 in Paris, France. France will host climate change conference COP21 in Paris from November 30 to December 11, 2015.

(Photo by Chesnot/Getty Images)

Canada’s Prime Minister-designate Justin Trudeau arrives at a ceremony to commemorate the October 2014 attack on Parliament Hill, at the National War Memorial in Ottawa, Canada October 22, 2015. The event also honoured the lives of Warrant Officer Patrice Vincent and Corporal Nathan Cirillo, two soldiers killed in a pair of separate attacks police said were carried out independently by radical recent converts to Islam.

(REUTERS/Chris Wattie)

Canadian Liberal Party leader Justin Trudeau waits with his son Xavier to cast his ballot in Montreal on October 19, 2015. The first of 65,000 polling stations opened Monday on Canada’s Atlantic seaboard for legislative elections that pitted Prime Minister Stephen’s Tories against liberal and social democratic parties. Up to 26.4 million electors are expected to vote in 338 electoral districts. Some 3.6 million already cast a ballot in advance voting a week ago, and the turnout Monday is expected to be high.


The Leader of the Liberal Party of Canada, Justin Trudeau, visits Paul Brown Boxfit boxing gym for a photo opportunity on August 6, 2015 in Toronto.

(Carlos Osorio/Toronto Star via Getty Images)

Premier Kathleen Wynne joined Liberal Party of Canada leader Justin Trudeau for an election rally in Toronto Centre Monday night.

(Lucas Oleniuk/Toronto Star via Getty Images)

Liberal Party leader Justin Trudeau waves to supporters as he arrives for the first federal leaders debate of the 2015 Canadian election campaign on August 6, 2015 in Toronto, Canada. The federal election is set for October 19, 2015.


Canadian Liberal Party leader Justin Trudeau and his wife Sophie wave on stage in Montreal on October 20, 2015 after winning the general elections.


Liberal leader Justin Trudeau meets with the editorial board at the Toronto Star in Toronto.

(Todd Korol/Toronto Star via Getty Images)

Canadian Prime Minister Justin Trudeau is greeted by British Prime Minister David Cameron prior to their meeting in Downing Street on November 25, 2015 in London, England.

(Photo by Tolga Akmen/Anadolu Agency/Getty Images)

Canadian Prime Minister Justin Trudeau poses with Quebec Premier Philippe Couillard and Montreal Mayor Denis Coderre as they visit the site of the Universite de Montreal’s new Science Complex in Montreal, December 16, 2016.

(REUTERS/Christinne Muschi)

Canada’s Prime Minister Justin Trudeau talks with Prince George following the arrival of Britain’s Prince William, Catherine, Duchess of Cambridge, Prince George and Princess Charlotte at the Victoria International Airport for the start of their eight day royal tour to Canada in Victoria, British Columbia, Canada, September 24, 2016.

(REUTERS/Chris Wattie)

Canada’s Prime Minister Justin Trudeau shakes hands with U.S. Vice President Joe Biden during a meeting in Trudeau’s office on Parliament Hill in Ottawa, Ontario, Canada, December 9, 2016.

(REUTERS/Chris Wattie)

Canada’s Prime Minister Justin Trudeau takes part in a news conference in Ottawa, Ontario, Canada, December 12, 2016.

(REUTERS/Chris Wattie)

Prime Minister of Canada Justin Trudeau and US President Barack Obama exit the Hall of Honour on Parliament Hill following the North American Leaders Summit in Ottawa, June 28, 2016.


(L-R) Canadian Prime Minister Justin Trudeau, Prince William the Duke of Cambridge, Sophie Gregoire Trudeau, and Catherine the Duchess of Cambridge take a walk at the Kitsilano Coast Guard station, in Vancouver, British Columbia on September 25, 2016.


Canada’s Prime Minister Justin Trudeau speaks during a meeting with representatives of the Congress of Aboriginal Peoples on Parliament Hill in Ottawa, Ontario, Canada, January 10, 2017.

(REUTERS/Chris Wattie)

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This Administration Has The Power To Indefinitely Detain Americans Without Charge Or Trial

An Obama Era unconstitutional power has landed in Trump’s lap. And we should be very, very, very, scared.

This Administration Has The Power To Indefinitely Detain Americans Without Charge Or Trial

Five years ago, on New Year s Eve, the 2012 National Defense Authorization Act (NDAA) was signed into law. The NDAA is typically an unremarkable bill that authorizes funding for the U.S. Armed Forces. In 2012, however, it contained two alarming provisions that threaten the civil liberties of every American, Sections 1021 and 1022[1]. As described in Part 1[2] and Part 2[3] of this NDAA series, Sections 1021 and 1022 authorized President Obama, and now authorize President Trump, to order the arrest and indefinite detention–without charge or trial–of anyone labeled a suspected terrorist or belligerent.

Documents obtained from multiple federal agencies[4] show just how dangerous and confusing these sections can be when interpreted and applied by the government. Congressmen, Air National Guard colonels, and even seven-year olds have been placed on terrorist watch lists after being classified as reverent of individual liberty , suspicious of centralized federal authority , supportive of [Presidential candidates] Ron Paul and Bob Barr or insisting on paying with cash. In my interview with People Against NDAA (PANDA)[5] founder Dan Johnson below, we discuss why this law is a dangerous violation of our civil rights, and what you can do to help get it repealed.

PANDA is the largest organization in the country battling the NDAA, indefinite detention without charge or trial, and mis-application of laws of war to American citizens. PANDA has advanced anti-NDAA legislation in more than 25 states and numerous local jurisdictions, including Oakland County, MI[6], Las Vegas, Nevada[7], and Sunbury, Pennsylvania[8]. PANDA has also helped pass several key pieces of legislation[9] across the nation protecting our rights.

Steve Mariotti: How can we reverse this erosion of our civil liberties?

Dan Johnson/PANDA: Education is PANDA s number one priority. Millions of Americans are still completely unaware that their civil liberties slipped away from them on New Year s Eve 2011. Congress passed the 2012 NDAA by 283-136 in the House and 93-7 in the Senate. We have given nearly 100 presentations across the country educating Americans of all political stripes about the dangers of the 2012 NDAA. We have published viral videos[10] and post regularly on a Facebook page[11], reaching millions of Americans. We have worked with the Patriot Coalition to hold educational briefings for legislators, law enforcement, and political parties, and we ve written dozens of articles and op-eds. There are frightening parallels in history to the NDAA. On February 27, 1933, in response to growing fears about Communist terror, the German government passed the Reichstag Fire Decree. The decree suspended provisions of the Weimar constitution that protected civil liberties, including the right to a speedy trial, the right to face your accuser, protection against search and seizure without a warrant, the right to assemble and the right to free speech.

This Administration Has The Power To Indefinitely Detain Americans Without Charge Or Trial

The German people failed to protest this erosion of their civil liberties, and Hitler wound up with unprecedented power. Six and a half years later, he invaded Poland, and the tragic events of World War II began to play out. Similarly, in response to growing fears of Islamic terror, President Obama signed the 2012 NDAA, even though Sections 1021 and 1022 violate 13 provisions of the U.S. Constitution. These include the right to a speedy and public trial, the right to face one s accuser, protection against search and seizure without a warrant, the right to assemble, freedom of association, and free speech. We have something, though, that the German people did not: A free press. After the Reichstag Fire Decree was signed, the German government moved to shut down newspapers and political parties critical of the new National Socialist government. They realized that if people were educated about the dangers of the Decree, they might form a successful resistance.

In the United States, although there have been numerous attempts to arrest journalists, silence news outlets, and punish sources, these have in large part failed. We still have freedom of the press, we can still speak our minds, and we have a new tool the German people did not: the Internet. Our educational approach is three-pronged. First, since the 2012 NDAA was passed in relative secrecy, we need to make the American people aware that Sections 1021 and 1022 exist. We must give them the opportunity to debate whether any president should have the power to indefinitely detain, torture or even execute an American citizen on U.S. soil, or anywhere in the world, without due process.

This Administration Has The Power To Indefinitely Detain Americans Without Charge Or Trial

Secondly, we must educate all Americans about what has happened every time we have given our government the authority to deem a group of people unworthy of Constitutional rights. During World War II, the Federal government detained over 120,000 Japanese Americans and people of Japanese descent in internment camps[12] for years due to fears of saboteurs. Today, the internment is considered to have resulted more from racism than from any security risk posed by Japanese Americans. During the Cold War and the Red Scare, civil rights were suspended for anyone labeled a communist sympathizer, and thousands were arrested. Now, during the War on Terror, anyone the government deems a terrorist may be legally denied civil rights. Finally, we must combat rising Islamophobia in this country. In order to violate the rights of its citizens with the support of the people, a government must first cast one or two minority groups as inhuman, and somehow unworthy of the civil rights in our Constitution. The German government ostracized, isolated and condemned as a communist sympathizer anyone deemed sufficient opposition to their policies. They played on the German people s poor economic conditions, and scapegoated the Jewish people as the other causing the economic pain and suffering of real Germans.

When we allow one group to be stripped of its protections, we greatly increase the odds that the government will eventually, inevitably, strip all citizens of their civil rights. If we are to successfully roll back the 2012 NDAA s violations of our civil liberties, we must refuse the government s attempts to cast people who practice the Islamic faith as unworthy of their civil liberties.

SM: Beyond education, what is PANDA doing to fight the NDAA s violation of our civil liberties?

DJ: Education without action does not create change. Most Americans know obesity is bad for your health, for example, yet over 67% of us are overweight or obese. On February 21, 2012, we launched PANDA to take action. We were a small organization started in my college dorm room, with no money, resources, or connections. We came up with a plan, however, that has proven very effective:

Phase 1: Pass local ordinances that require local law enforcement to uphold the Constitution, and prohibit the application of the laws of war in that jurisdiction. Phase 2: Encourage law enforcement to implement penalties in localities that have passed such ordinances for police officers who fail to comply with them.

Phase 3: Repeat this strategy at the state level, and eventually repeal the 2012 NDAA s detention provisions at the federal level.

SM: Where have you been successful in getting ordinances passed so far?

DJ: At the local level to date, we have passed strong legislation in seven jurisdictions, including Albany, New York s state capitol, and several cities in Idaho and Massachusetts. Between PANDA, the Patriot Coalition, the Tenth Amendment Center, and the Bill of Rights Defense Committee, we also have strong statements in more than twenty, including Las Vegas and San Francisco, CA. At the state level, we have introduced or advanced more than fifty pieces of legislation in nearly thirty states including North Carolina, Maryland, Nevada, Tennessee, Missouri, Texas, Indiana, Idaho, Wyoming, Mississippi, Minnesota, South Carolina, Oklahoma, New Hampshire, Kansas, Louisiana, Arizona, Massachusetts, Maine, Missouri, Pennsylvania, Ohio, Colorado, Michigan, Montana, Washington, Minnesota, Iowa and Georgia. Virginia, Alaska and California. These states have all signed legislation into law opposing the 2012 NDAA.

SM: Why did PANDA focus on local ordinances? Why not simply work at the federal level to fix the NDAA?

DJ: Because congressional efforts to overturn the detention provisions of the 2012 NDAA have failed. PANDA supported the 2012 Smith-Amash amendment proposed by Adam Smith (D-Wash) and Justin Amash (R-Mich) as a real solution to the NDAA. The Smith-Amash Amendment would have banned indefinite military detention and military commission trials in the United States. This would have made clear that individuals apprehended on U.S. soil who are suspected of terror-related activities can only be tried in a civilian court with all the corresponding constitutional protections. The amendment failed to pass the House of Representatives, where it was torpedoed by the House GOP. The vote was 205-217, with only 94 Republicans and 111 Democrats voting to restore our constitutional rights to a fair and speedy trial, probable cause, and due process.

Ron Paul (R-Texas) made a rare appearance on the House floor to voice his support for the Smith-Amash Amendment, noting: I do not believe a republic can exist if you permit the military to arrest American citizens, put them in secret prisons and be denied a trial. Unfortunately, NDAA Sections 1021 and 1022 were erroneously represented as critical to national security. This has protected them from reasonable legislation such as the Smith-Amash amendment, which would have fixed these violations of American civil liberties without diminishing national security.

SM: PANDA uses the constitutional doctrine of interposition to get local liberty ordinances passed. How does interposition work?

DJ: Interposition is simple. Every person who holds office in our government, from your local sheriff to a Supreme Court Chief Justice, takes an oath to uphold the Constitution. Each sworn officer s highest mandate is to defend the Constitution. If any level of government attempts to violate the civil rights enshrined within the Constitution with an unconstitutional law–which is by definition null and void–it is the duty of all sworn officers to to interpose and prevent that action, in order to uphold the Constitution.

In 1798, just seven years after the ratification of the Bill of Rights, President John Adams signed the Alien and Sedition Acts into law. These acts prohibited most protesting, criticism of the government and criticism of the president.

This Administration Has The Power To Indefinitely Detain Americans Without Charge Or Trial

In response, James Madison and Thomas Jefferson authored the Kentucky and Virginia Resolutions. In the Virginia Resolution, Madison, the Father of the Constitution, urged the states to uphold the Constitution by interposing against a rogue Federal government:

That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact… the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil

-Virginia Resolution, December 24th, 1798.

Chief Justice Marshall upheld the doctrine of interposition in Marbury v. Madison, writing …the principle, supposed to be essential to all written Constitutions, that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument

Clearly, the NDAA sections that suspend our civil rights are repugnant to the Constitution, and, as U.S. District Judge Katherine Forrest put it[13], have a chilling impact on First Amendment rights. Every other department, including police departments, have a responsibility, therefore, to oppose it.

SM: How can local jurisdictions use interposition to combat a federal law like the NDAA?

DJ: In 1793 and in 1850, as part of a compromise with Southern states, the Federal government passed two Fugitive Slave Acts. These laws mandated that anyone coming across escaped slaves return them to their masters. Dozens of jurisdictions passed local liberty laws interposing against the Fugitive Slave Acts, and refused to return slaves. Thousands of people defied the law, saving the freedom and lives of tens of thousands of slaves. In 1942, under Executive Order 9066, President Franklin Delano-Roosevelt authorized the indefinite detention of 120,000 Japanese-Americans. American military members, with the help of local law enforcement, went door-to door in coastal communities, rounding up Japanese families and sending them to internment camps for the duration of the war.

If local governments had adopted personal liberty laws like those used to interpose against the Fugitive Slave Acts, these could have been used in 1942 to prevent the Federal government from hauling Japanese-Americans off to internment camps. Today, imagine the public outrage it will cause in a community that has passed local liberty ordinances if the Federal government violates those ordinances and arrests a citizen under the NDAA provisions. We believe such outrage will bring the NDAA issue to national attention, and force debate. Without having to flip hundreds of votes in Congress– since the Federal government would never want to face off with a local sheriff on a civil-liberties issue–we could prevent the indefinite detention of a citizen simply by refusing to allow the Federal government to detain that person in that community. It is also far easier for the citizens of a town to hold the local sheriff and police chief accountable, because they can be voted out of office. It s much more challenging for the residents of a local town to attempt to hold a member of the military or Federal law enforcement accountable.

SM: How are local law enforcement officers reacting to your efforts?

DJ: Many excellent police officers support this, such as Worcester, MA Deputy Police Chief Edward J. McGinn, who told us that any laws or orders which serve to violate the basic human rights of any citizen would be met with great resistance; perhaps more so than what a non-officer citizen would offer.

Just as there must be punishments for officers who collude with criminals, however, it is necessary to pass policies with consequences for officers who participate in or allow the violation of our constitutional rights. Only then can the citizens of every community be confident that their constitutional rights will be protected by their local law enforcement. That is why Phase 2 of PANDA s plan recommends that communities that pass local ordinances prohibiting unconstitutional detainment also implement penalties for officers who fail to uphold the ordinances.

SM: What about Phase 3, repealing the NDAA at the federal level?

DJ: Every person in America deserves the right to a fair and speedy trial by a jury of his or her peers. This fundamental protection was placed into our Bill of Rights because our nation s founders never wanted to repeat the actions of the British government from which they were declaring independence. The British regularly labeled American revolutionaries traitors –the colonial equivalent of suspected terrorist today–and hung them without so much as a show trial. Every person in the United States should receive the same Fifth Amendment protections as the citizens in Albany, NY;Webster, MA; Middleton, ID, and other jurisdictions that have said No! to the Federal Government s supposed authority to claim someone is a terrorist and therefore detain him or her without a trial. The 2012 NDAA s detention provisions must be interposed against at the state level and repealed at the federal level. Until they are, any American could potentially be picked up off the street and detained without charges.

We have been educating members of Congress, DC-based organizations, and other civil rights leaders about the dangers of the 2012 NDAA, but Congress responds most to the will of masses of the people. Once our educational efforts, and our local and state efforts, are successful, the Federal government will have no choice not only to repeal the law, but also to avoid using it or any similar claimed authority to violate our constitutional rights.

SM: How do you respond to those who argue that the NDAA would never be used against American citizens who have committed no crime, who aren t real terrorists, or who aren t doing something wrong?

DJ: That is exactly what former President Obama argued. He claimed he would not use the full powers accorded to him by the NDAA. In his signing statement on the 2012 NDAA[14], Obama said:

The fact that I support this bill as a whole does not mean I agree with everything in it. In particular, I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists. He added that I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a Nation. My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law. That all sounds very nice, but the fact is that the 2012 NDAA is like a rattlesnake in a dark cave. We may hear it rattle, but we think it will never bite us. But one day, when the wrong president comes into office, or the wrong person is designated by the president to use this power, that rattlesnake will bite. And by then, it will be too late.

If you would like to help fight the NDAA, visit PANDA s Take Back Your Town page here[15].

“I’m Just a Mom!” Daphne Lee Gives Powerful Speech Against NDAA in Clark County, Nevada

Start your workday the right way with the news that matters most.


  1. ^ Sections 1021 and 1022 (
  2. ^ Part 1 (
  3. ^ Part 2 (
  4. ^ Documents obtained from multiple federal agencies (
  5. ^ People Against NDAA (PANDA) (
  6. ^ Oakland County, MI (
  7. ^ Las Vegas, Nevada (
  8. ^ Sunbury, Pennsylvania (
  9. ^ several key pieces of legislation (
  10. ^ viral videos (
  11. ^ Facebook page (
  12. ^ the Federal government detained over 120,000 Japanese Americans and people of Japanese descent in internment camps (
  13. ^ Katherine Forrest put it (
  14. ^ statement on the 2012 NDAA (
  15. ^ Take Back Your Town page here (
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