Brian W Ryman
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While the state of Virginia has passed what many feel to be the first significant blow against the National Defense Authorization Act of 2012, with HB 1160 , I have a few reservations about what is purported by some to be a victory. My main concern is that the bill has no provisions for Virginia state agencies to interpose themselves between the federal authorities and its citizens. This should be the focus of the legislation and is in keeping with the philosophy of Virginia's two most favored sons, Thomas Jefferson and James Madison (see http://pileusblog.wordpress.com/2011/05/16/interposition-part-six-the-virginia-and-kentucky-resolves/). Simply having the state agents REFRAIN from "assisting..." is different from actually using state resources to protect its citizens. Another concern I have about the legislation is that it applies only when a "member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty".The law doesn't apply to a guardsman or other state militia type that has been called up to "active service". It would be much better if it made it clear that it is illegal for any such member to act on these unconstitutional measures when serving as a reservist for the federal forces. There is also a caveat that lends itself to a bit of wiggle room in Bob McDonnell's substitute bill (not passed) that suggests how the state's executive will enforce this legislation: "The provisions of this section shall not apply to participation by state or local law enforcement or Virginia National Guard or Virginia Defense Force in joint task forces, partnerships, or other similar cooperative agreements with federal law enforcement as long as they are not for the purpose of participating in such detentions under ß 1021 of the National Defense Authorization Act for Fiscal Year 2012." McDonnell seems to suggest that state agencies could participate in NDAA round ups in a support capacity. Instead of being active Gestapo agents, the governor has said that they will be confined to the role of kapos.
1 year, 10 months ago on New Law: Virginia will not cooperate with NDAA detention