Gov. Brewer vetoes SB 1182 for conflicting with federal anti-terrorism laws

Posted by AzBlueMeanie:

You may recall that back in April our Tea-Publican legislature was busy with an "Obama derangement syndrome" bill, SB 1182, which would block state employees from enforcing two sections of the new National Defense Authorization Act for FY 2012 dealing with when the federal government can detain people – including U.S. citizens – suspected of involvement in terrorism. State acts to thwart US law on terrorism:

A federal act, signed at the end of last year by President Obama, gives him authority "to use all necessary and appropriate force" to detain, without trial, certain people, including not only those who planned or aided in the Sept. 11, 2001, attacks but anyone who "substantially supported al-Qaida, the Taliban or associated forces." That includes U.S. citizens and provides for military trials.

The state legislation deals with a contention that the federal government has overreached and is acting illegally.

State lawmakers already have voted to condemn the law. But Sen. Sylvia Allen, R-Snowflake, said that's not enough.

She said anyone who works for the state or local government should be barred from having anything to do with enforcing that law. And Allen said she sees nothing wrong with threatening those who do with arrest.

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Allen said the terrorism enforcement prohibitions are needed because "if you help the federal government to arrest citizens who have due process," she has no problem making it a misdemeanor, which carries a potential six months in jail.

Allen said her legislation helps police enforce their sworn duty to obey both the state and federal constitutions.

She said the federal act violates people's constitutional rights to a speedy trial, the aid of counsel and to confront witnesses, not to mention their freedom from unreasonable searches and seizures as well as a prohibition on excessive bail.

"They're supposed to uphold the Constitution," she said of police. "And they turn right around and they go against many provisions of it?"

She said the only thing her measure does is ensure anyone who is accused is guaranteed the constitutional due process.

Well Senator, your newfound concern for American's civil rights is very touching, but where were you when many of us opposed the Authorization for Use of Military Force (AUMF) in 2001 which granted these very same powers to President George W. Bush, and he used those powers to engage in a regime of illegal torture, indefinite detention and rendition of prisoners? Not a peep out of you then. Your concern appears motivated by President Obama having these powers rather than any genuine concern for American's civil rights.

The National Defense Authorization Act for FY 2012 is a reatuhorization of the AUMF. Title X, Subtitle D, pertains to "Counter-Terrorism." In particular, sub-sections 1021 and 1022, which deal with detention of persons the government suspects of involvement in terrorism. The White House and Senate sponsors maintained that the Authorization for Use of Military Force (AUMF) already grants presidential authority for indefinite detention, and the Act states that Congress "affirms" this authority and makes specific provisions as to the exercise of that authority. Keep in mind, this Act passed a Tea-Publican controlled Congress.

On Monday, Governor Jan Brewer vetoed SB 1182. Bills on sovereignty, terrorism law vetoed:

Brewer also rejected a measure making it a crime for any state employee – including police – to enforce or try to enforce two sections of a new federal law that allows the government to detain without trial people, including U.S. citizens, suspected of involvement in terrorism.

"While I unequivocally support the due process rights of all United States citizens, I cannot support legislation that forces law enforcement – under threat of criminal penalty – to choose between upholding the Constitution and laws of the United States and abiding by the laws of Arizona," Brewer wrote.

You can bet that pressure came from our two U.S. Senators to veto this bill because they favor expansive executive power in foreign policy and the use of military force.