National Defense Authorization Act

Fact Sheet and Talking Points

What is the National Defense Authorization Act?
The National Defense Authorization Act (NDAA) was passed by Congress in early December. This bill contains provisions that, if made law, would allow the military to arrest, and indefinitely detain, even US citizens accused (but never found guilty) of terror-related crimes. Those of us who care about liberty and freedom must take immediate action. Whether concerned about communities vulnerable to racial, religious, and ethnic profiling in the war on terror, or the ideological profiling apparent in the FBIs investigation of peace and justice activists around the country, or simply preserving the right to trial or the longstanding prohibition on domestic military deployment, all Americans share a stake in this struggle.

Why are the NDAAs detention provisions so bad?

1. The indefinite military detention of US citizens violates the Fifth and Sixth Amendments, as well as the fundamental Posse Comitatus Act, on which democracy relies. A society is not free when its citizens are subject to arbitrary detention. 2. The NDAAs detention provisions could authorize the indefinite military detention of activists. The FBI has long treated peace, environmental, and anti-tax activists as terrorists. Legalizing indefinite detention for anyone accused of a terror-related crime would give the presidentand every future administrationthe unchecked power to deny the right to trial and override the presumption of innocence in order to silence critics. 3. Transforming America into a police state would do the work of our nations enemies. Throwing our rights and liberties to the wind is what terrorists want. And with this bill, our leaders have done more damage to our way of life than any foreign enemy. 4. The NDAAs detention provisions would undermine national security. Military detention would not only threaten constitutional rights, but also force the military to perform a mission for which it is ill suited, and it would further damage public trust in our justice system. 5. Congress is supposed to check and balance the Executive Branch, not expand it. The NDAA would give the executive branchunder not only President Obama, but also every future presidentunprecedented power to detain US citizens without judicial review. Rather than checking and balancing the Executive Branch, Congress passed a bill granting the Executive Branch even more power than the administration wanted.

What is the NDAAs status?

On November 29, 2011, the Senate voted 61-39 to reject the Udall Amendment, which would have eliminated the NDAAs provisions expanding military detention, paving the way for the Senates approval on December 1. President Obama initially threatened to veto the bill, but after a series of closed-door meetings with congressional leaders, has backtracked on that promise. Senator Carl Levin (D-MI) announced changes to the bill on December 12, reportedly reflecting input from the Obama administration. On December 14, the administration announced that the language [as revised] does not challenge or constrain the Presidents ability to collect intelligence, incapacitate dangerous terrorists, and protect the American people, and the Presidents senior advisors will not recommend a veto. On the one hand, the bill emerging from the conference committee did remove prior language requiring mandatory military detention for terror suspectseven US citizens. In particular, Section 1032(b) provides that [t]he requirement to detain a person in military custody under this section does not extend to citizens of the United States. On the other hand, the bill still includes language permitting military detention without trial at the presidents discretion. Section 1031 affirms authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war. Subsection (b), meanwhile, includes any person who has committed a belligerent act, defined however any future president, attorney general, or prosecutor may choose to interpret that ambiguous term. On Wednesday, December 14, the House approved the reconciled bill by a vote of 283-136. Senators are poised to vote starting Thursday, December 15 the 220th anniversary of the ratification of the Bill of Rights. Activism that attracts the attention of local and state press could help influence the outcome of that vote or even convince the president to hold true to his promise to veto the NDAA until its detention provisions are removed. This Bill of Rights Day, theres no better way to demonstrate true patriotism than raising your voice for liberty, the right to trial, and the Constitution itself

What can we do?

1. Sign a petition demanding that President Obama fulfill his promise to veto the bill and that Congress allow the veto to stand. 2. Forward our petition specifically for military service members to any active service members, veterans, or retired officers you know. 3. Visit our online map to find a Bill of Rights Day action near you. 4. Share this call to action and toolkit with your communities and networks. Below are several ideas for actions on Bill of Rights Day, December 15.

5. Let BORDC know your plans. Well feature them on our website, promote them to our supporters in your community, and work with you to draw attention to your concerns.

NDAA actions for Bill of Rights Day (December 15)

These are just a few ideas for actions you can hold to oppose NDAA in your community. Dont forget to let us know about your event so that we can help you publicize it. Meetings with senators (or their staff) Contact the offices of your senators and request meeting to share your concerns about the NDAA. Reach out to your allies and neighbors and recruit others to attend with you. Visit the office, explain your position, collect the business cards of the people you meet with, andmost importantlystay in touch with them going forward. Speak Out A speak out can be as simple as designating a public park as a gathering space, and then inviting participants to each share their views. Amplified sound can help increase the scale of a speak out, though many public areas require sound permits. Street theater Free performances in a public space offer a tremendous opportunity to convey a political message. Your campaign can use street theater to share your message with an audience you might not reach otherwise, and do it in a fun, creative way. For instance, prompted by the NDAA, there will be street theater performances throughout Dallas, TX on Thursday, December 15 depicting people being abducted at several public locations. Similarly, actions in Chicago and New York City will feature a mock funeral for the Bill of Rights, featuring a coffin and funeral procession. Actions like these can be especially powerful if followed by outreach to confused or concerns passersby with flyers about the issues and how they can get involved in your campaign going forward. YAHA Net (Youth, the Arts, HIV & AIDS Network) provides a great guide to planning street theater. They suggest performing in a public place with plenty of people, keeping the performance short and to the point, repeating a memorable and distinctive message, and engaging the audience afterwards through a discussion. Consider incorporating props, puppets, music, costumes, and audience participation anything that will grab attention can help communicate your message. Flashmob A flashmob appears like a spontaneous convergence, often with a performance such as a skit, song, dance, or action. Similar to street theater, a flashmob can carry a political and educational message, while creating stunning visual statements. Video recordings of flashmobs also make great online awareness-raising tools.

Despite appearances, a flashmob requires careful planning and timing. Identify a particular place, decide on a specific time, then call a flashmob to perform a particular (ideally, relatively short) act. This Bill of Rights Day, reading the Fifth and Sixth Amendments would be especially appropriate. Also see Street Theater above. Lyrical ambush A lyrical ambush is a performance (often featuring poetry, spoken word, or hip hop in an open mic format) in a public space. In addition to the voices of rotating performers, lyrical ambushes can also feature drums or musical instruments, sidewalk chalk, bubbles, and noisemakers. Bringing extra materials for public use can help draw in spectators and turn them into participants. The DC Guerilla Poetry Insurgency has a variety of examples and suggestions at their website. Be sure to rotate voices to keep the performance dynamic, and invite passersby to take the mic to share their own ideas and concerns. March or demonstration A rally or march can demonstrate support for your goals and attract decision makers, media outlets, and more community supporters. Be sure to announce your concerns by reading a statement about your purpose, crafting creative signs, or handing out flyers. Pick a time and location that supports your goals. For example, a demonstration outside a Senators office, a federal courthouse, or any federal building can connect your action to the NDAA. Similarly, converging on city hall on the night of an important vote can leverageand potentially influence existing media coverage. As with any event, promote the demonstration or march by posting flyers on bulletin boards, announcements to email lists, and advisories to localand statewidemedia. Check your local laws about any potential restrictions on public gatherings. If necessary, you may want to secure a permit. Vigil A vigil is a somber, often silent, gathering of people to honor or remember an injustice. Often, groups hold candlelight vigils at night outdoors and invite community members to join them. Consider whether to invite a speaker (perhaps a local faith leader) to address participants, or invite a member of your campaign read a statement about the dangers of military detention without trial. Distribute information about your concerns, but do so respectfully. A vigil is a solemn event, not a time to forcefully push an opinion. If youre hosting a candlelight vigil, make sure you provide candles and some means of keeping them from catching on fire. A small paper cup with a hole cut in it will shield the candle from the wind and catch dripping wax.

Find a public place for your vigil, where the community will see you and can easily join you. A banner or posters can help passersby understand your concerns. Community forum A forum can be an excellent way to share information with your friends, neighbors, and community. A forum can also offer an opportunity to recruit allies with whom to build ongoing campaigns. Many forums feature prepared remarks from two or three speakers, followed by a question-and-answer period. When choosing speakers for your forum, aim to ensure diversity in terms of the speakers perspectives, areas of expertise, race, religion, age, and gender. Remember to consider students and potential allies as speakers. If possible, schedule a meeting or conference call with the speakers in advance of the forum to review what each person will discuss. A conference call will also help acquaint the speakers with each other before the live discussion, which will help make the public discussion more compelling. Invite friends, community groups, and local nonprofit organizations to attend the forum. Consider asking local groups and organizations to cosponsor the event, and to donate to help cover expenses such as copying, postage, childcare for participants, and facility rental. Sponsorships can help expand your network for promoting the event and rally support for future efforts. If possible, set up a registration table to collect the contact information of attendees, then stay in touch with them. Film screening You can show a film at a local movie theatre, college or high school auditorium, religious institution, business conference room, or even a community members home. There are lots of great films, both documentaries and fictional pieces, that raise civil rights issues and could prompt compelling discussions. Choose a film that will highlight the problems your campaign seeks to address. Refer to BORDCs list of recommended resources. Entice supporters, community members, and the press to attend your screening. Its greatbut difficultto get a films stars or creators to attend your screening, but there are lots of easier ways to promote it as well. Ask local restaurants or grocery stores for food donations or request that campaign supporters bring snacks. Hold a raffle or door prize with donated goods or services from local businesses. Be careful not to violate copyright laws that may prohibit certain public film screenings. You can avoid copyright violations by requesting permission from the filmmaker or producer. Some may require you to pay to show the film, but many distributers routinely allow certain types of groups and organizations to show films for free. Letters to Congress Writing letters to your senators can be more personal than a petition and can help demonstrate broad community support.

Its easiest to get a supporter to write a letter when he or she is already sitting down. For example, take a few minutes during a forum or film screening and ask people to write letters. Its helpful to offer a sample text, if participants are writing their letters themselves, or postcards on which they can write a personal message. You can either mail the letters or cards to your senators or deliver them in person at a meeting. Remember to make copies of them beforehand so you can follow up with letter writers later. Chants and songs Below are some chants and songs that can help energize your action: Hey hey ho ho the NDAA has got to go Without the right to trial well end up saying heil Is this a republic? or a military dictatorship? one: we are the people two: a little bit louder three: we want rights for Americans Our Constitution is fundamental We the People hold our right to trial essential Indefinite detention? But they dont mention how nefarious could be the governments intention To the tune of Santa Claus is Coming to Town You better shut up You better not cry Better not protest I'm telling you why Indefinite Detention is coming to town! They're making a list They're checking it twice They're gonna tell you If you're a terrorist or nice Indefinite Detention is coming to town! They know if you are sleeping They know if you're awake They know if you're a sheep or not So be a sheep for your own sake! Oh.... You better shut up You better not cry Better not protest I'm telling you why Indefinite Detention is coming to town! Indefinite Detention is coming to town!

Dont forget to tell us about your event so that we can add it to our map!