HomeMy WebLinkAbout20120357.tiff RESOLUTION
RE: STATEMENT OF OPPOSITION TO THE AUTHORITY AFFIRMED IN SECTION 1021
OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on December 31, 2011, President Obama signed into law the National
Defense Authorization Act for Fiscal Year 2012 ("NDAA"), and
WHEREAS, Subsection 1021(a) of the NDAA "affirms that the authority of the President
to use all necessary and appropriate force pursuant to the Authorization for Use of Military
Force (Public Law 107-40; 50 U.S.C. 1541 note) includes the authority for the Armed Forces of
the United States to detain covered persons . . . . pending disposition under the law of war," and
WHEREAS, the term, "Covered Persons," under Subsection 1021(b), is defined to
include:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that
occurred on September 11, 2001, or harbored those responsible for those attacks, or
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or
associated forces that are engaged in hostilities against the United States or its
coalition partners, including any person who has committed a belligerent act or has
directly supported such hostilities in aid of such enemy forces (emphasis added), and
WHEREAS, Subsection 1021(c) authorizes that the disposition of a "Covered Person"
under the law of war as described in Subsection 1021(a) may include the following:
(1) Detention under the law of war without trial until the end of the hostilities authorized
by the Authorization for Use of Military Force, or
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military
Commissions Act of 2009 (title XVIII of Public Law 111-84)), or
(3) Transfer for trial by an alternative court or competent tribunal having lawful
jurisdiction, or
(4) Transfer to the custody or control of the person's country of origin, any other foreign
country, or any other foreign entity, and
WHEREAS, the highlighted terms in the above-stated definition of"Covered Persons" in
Section 1021(b) remain vague and undefined and, therefore, allow for an interpretation by
members of the Armed Forces of the United States that may include Citizens of the United
States, and
WHEREAS, such interpretation allows for the detention of U.S. Citizens on United
States soil by members of the Armed Forces of the United States, with disposition of said
U.S. Citizens in accordance with the directives included in Subsection 1021(c), and
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-g-�a BC0043
RE: STATEMENT OF OPPOSITION TO THE AUTHORITY AFFIRMED IN SECTION 1021 OF
THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012
PAGE 2
WHEREAS, such authority to detain U.S. Citizens on U.S. soil has traditionally been
reserved for and limited to actions taken by Federal, State, or local civilian law enforcement
personnel in the course of enforcing Federal, State or local laws enacted by legislative and/or
executive officials elected by the People of such jurisdictions, rather than by members of the
Armed Forces of the United States acting pursuant to directive of the President, and
WHEREAS, the Board of County Commissioners opposes the authority affirmed in
Section 1021 of the NDAA for the reason that the Board believes the authority to detain U.S.
Citizens on U.S. soil must be reserved for and limited to actions taken by Federal, State, or local
civilian law enforcement personnel in the course of enforcing Federal, State or local laws
enacted by legislative and/or executive officials elected by the People of such jurisdictions,
rather than by members of the Armed Forces of the United States acting pursuant to directive of
the President.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Board hereby opposes the authority affirmed in Section 1021 of
the NDAA for the reason that the Board believes the authority to detain U.S. Citizens on U.S.
soil must be reserved for and limited to actions taken by Federal, State, or local civilian law
enforcement personnel in the course of enforcing Federal, State or local laws enacted by
legislative and/or executive officials elected by the People of such jurisdictions, rather than by
members of the Armed Forces of the United States acting pursuant to directive of the President.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: .,e,oca.�'1 _ ...
Sean P. Conway, Chair
Weld County Clerk to the Board
iota EXCUSED
BY. 1 . �1 � % •/�`If-m F. Garcia, Pro em
Deputy Sir,
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t �rctr:- a Kirkmeyer
AP:- • iEe '4(ORM: "'J
A S�j i \ :avid E. Long
,e y Attorney � �tiJ
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Date of signature: -8'/a
2012-0357
BC0043
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