ALBANY, New York – On October 7, the Albany, NY Common Council unanimously passed Resolution 80.92.13, becoming the first city in America to prohibit indefinite military detention without charge or trial, specifically under the 2012 National Defense Authorization Act; to declare its city is not a “battlefield”; and to resolve that its citizens and residents are not subject to “detention under the law of war.”

The 2012 National Defense Authorization Act, or NDAA, was overwhelmingly passed by Congress and signed into law by President Barack Obama on December 31, 2011. The NDAA declares the United States to be a battlefield in the war on terror and Sections 1021 & 1022 authorize the indefinite detention, without charge or trial, of all persons, including American citizens, accused by the President of undefined "support" for terrorist activity or commission of a "belligerent act".

The act violates multiple provisions of the US Constitution in addition to the 1st, 3rd, 4th, 5th, 6th, 8th and 14th amendments, which were cited in the people's decision to quit the NDAA in Albany.

People Against the NDAA (PANDA), a national, nonpartisan, grassroots organization founded in January of last year, is committed to reversing the NDAA’s unconstitutional authorizations through activism to affect policy at the state and local government level.

Unlike California, Alaska and other states that attempted to block the NDAA — but whose measures only require the state to stand down while federal officials implement it nonetheless — Albany's Resolution 80.92.13 recognizes the application of the Law of War to residents/citizens of Albany to be unconstitutional.

Now that the act has been deemed unconstitutional, every peace officer, elected official or other person who takes an Oath to the U.S. Constitution in the City of Albany is required to block any efforts to implement military detention or the “law of war” in Albany. Instead of mere noncompliance, under the Constitution this resolution requires public officals' interposition to protect the rights of the people, and to stop the federal government from implementing military detention in the city. Period.

It is the strongest piece of legislation in the United States to date prohibiting indefinite military detention power by the U.S. government. 11th Ward Councilman Anton Konev, who introduced the resolution, said:

“Indefinite detention for any reason is unconstitutional and cannot be allowed. At least here in Albany we believe in those liberties our armed forces fought so hard for.”

The resolution was a collaborative effort between PANDA, the Patriot Coalition, Project SALAM, Jesse Calhoun, Occupy Albany Civil Liberties Initiative, 518 Liberty Action Alliance, Campaign for Liberty New York, other organizations, and many citizens from Albany and around the country who flooded the council with calls, emails and written letters — and who also showed up for the vote.

Kelley Citrin, Team Leader Emiritus for PANDA New York, noted: “I have never been more proud to be from the State of New York than I am today, because today reminded me that politics can still be noble, and government still responds when the cries of its people are loud enough, and persistent enough.”

Albany’s stand proves that citizen activism works. One city, however, is not enough. Now it’s time for cities across America to take the same step and stop the NDAA locally and regionally. To accomplish this, PANDA has put together a “Take Back” packet to defeat indefinite detention in your city.

Download your packet by visiting the “Take Back the Town Campaign” and find out how you can restore basic rights of the constitution in the places where you live. The tidal wave has just begun. Don’t let it stop with Albany. To help keep it growing and to expand on the work started by PANDA, donate here.

America is only a Republic…if we can keep it.

Dan Johnson is the founder of PANDA which started in January 2012 in Bowling Green, Ohio, and has since expanded into over 30 state teams nationwide.

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