Friday, March 30, 2012

April 15, 2012 Tax Day Rally

April 15, 2012 Tax Day Rally
Town Center in Va Beach 2-5 pm
Live entertainment many guest speakers:
Congressman Scott Rigell, Senator Mark Obenshain and many more
See you there.
PS: This is just across from Jim Webbs office
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for more info contact Daniela Cossu 757-635-5519
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Visiting, calling, emailing and writing Legislators to let them know what bills we support or oppose.
Tea Party Students
Did you know that Tea Party Youth, Harvard University Tea Party, Brandeis University Tea Party, and several other Tea Party student groups and initiatives from around the country and the world have united into a network called Tea Party Students? Network with us.
Tea Party Students - Official Home of the Tea Party Student Movement
Tea Party Students: America's Tea Party Student Movement.


Mary Leedom

Friday, March 2, 2012

Bob Marshall - HB1160

Below is a copy of the letter I sent to my colleagues in the House of Delegates when the House voted to delay consideration and not vote on final passage HB 1160 today as previously scheduled.  Please ask your Delegate to support HB 1160 which may come up for a vote tomorrow.  Thank you! - Bob

Dear colleagues, 
House consideration of HB 1160 (Unlawful detention of U.S. citizens) was put over until tomorrow.  I urge the House to adopt the Senate amendment, which does all that the House bill did, but with fewer words. 
I drafted the original bill.  Then I worked with Delegate Albo in developing the House language, and worked with Senator Petersen in developing the Senate language.  In all of its versions, the bill has always had the same core — banning the Commonwealth, its agencies, and its subdivisions from aiding the federal government in detaining Virginia citizens under Section 1021 of the National Defense Authorization Act ("NDAA").  (The original house bill, and the bill as amended in the Senate appear below.) 
There is reason to believe that our effort in Virginia and many other such efforts in other states are having an effect.  Yesterday, the U.S. Senate Judiciary Committee held a hearing about this foolish provision of federal law — that had been buried in a 900-plus page bill.  Senators Feinstein and Paul and others have introduced a bill to undo this provision, and there is a similar bill in the House, but we cannot assume either will be enacted.  It remains important for the General Assembly to take a stand and pass this bill.
Along the way I have been told that the bill was too short, then too long, now too short again.  I was told it was too broad, and then told it was too narrow.  Some said it was not needed since the power has not been abused — but the law was just signed December 31.  Some said that it was not needed since President Obama said he would not use this authority — but why should any President be given such power.  Actually, like Goldilocks and the Three Bears, I think it is in the middle — "just right."  Here's why. 
Nothing of substance has changed in my bill.  First, the surplus language at the end of the House bill (underlined below) was deleted, as it is the General Assembly that has determined that cooperation with detaining Virginians under NDAA is wrong — the decision would not be left to others.
Second, the bill applies to any "agency" of Virginia government, state, county, or local.  This triggers the definitions contained in section 8.01-385 and by its terms "agency" includes "Departments," which includes the Department of Military Affairs, which is comprised of the Virginia Army National Guard and the Virginia Air National Guard and the Virginia Defense Force.  (Of course, if the National Guard is called up, it is in "actual service" of the federal government, and takes on a new status and is removed from the control of the Governor under Virginia and Federal law.  A Virginia law cannot affect what the National Guard members do while in actual federal service.)
Third, this bill prohibits state aid to any agency of the United States.  That includes, but is not limited to the Armed Forces of the United States — which was the subject of NDAA. 
Fourth, since the terms of NDAA deal with detention, this bill is limited to not aiding in the "detention" of Virginians.  Concerns were raised about prohibiting involvement with "investigations," as those could be valid reasons to investigate under other laws.  There was no reason to prohibit involvement with "prosecutions," as the precise problem was that the federal government now claims the power to incarcerate indefinitely without commencing any prosecution.
The bill is supported by groups from the Virginia ACLU to Gun Owners of America.  Among the groups supporting this bill is the Japanese American Citizens League which sent a letter to each Senator telling them the story of the terrible detention of over 110,000 Japanese Americans during World War II as "suspected enemy aliens."  The letter concludes "Virginia has the opportunity to stand up to an unjust application of Congressional authority.  The American people need somebody to stand up against this injustice.  HB 1160 is a tool that does just that; it stands up for the American people by respecting the basic principles of the Constitution." 
This bill does all that Virginia can do to keep from participating in improper actions of the federal government.  It passed with not just bi-partisan majorities, but by truly overwhelming margins in the House and Senate.  There is no real dispute as to substance.  I urge my colleagues to adopt the Senate amendments. 
Thank you for your time and consideration.  If you have any questions please let me know.
Bob Marshall
February 14, 2012 – Passed in the House (96-Y, 4-N)
§ 1. Notwithstanding any contrary provision of law, no agency of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, political subdivision of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, employee of either acting in his official capacity, or member of the Virginia National Guard or Virginia Defense Force, when such a member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty, shall aid an agency of the armed forces of the United States in the conduct of the investigation, prosecution, or detention of any citizen pursuant to 50 U.S.C. § 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-18, § 1021) if such aid would place any state agency, political subdivision, employee of such state agency or political subdivision, or aforementioned member of the Virginia National Guard or the Virginia Defense Force in violation of the United States Constitution, the Constitution of Virginia, and provision of the Code of Virginia, any act of the General Assembly, or any regulation of the Virginia Administrative Code.
February 28, 2012 – Passed Senate with Amendment (39-Y, 1-N)
§ 1. Notwithstanding any contrary provision of law, no agency or political subdivision of the Commonwealth, or employee of same acting in his official capacity, shall aid an agency of the United States in the unlawful detention of any United States citizen pursuant to 50 U.S.C. § 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-81, § 1021)

We are so close!You guys are great!
Mary Leedom