NDAA Toolkit

8/3/2019 NDAA Toolkit

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National Defense Authorization ActFact Sheet and Talking Points

What is the National Defense Authorization Act?The National Defense Authorization Act (NDAA) was passed by Congress in early December. This bill

contains provisions that, if made law, would allow the military to arrest, and indefinitely detain, even US

citizens accused (but never found guilty) of terror-related crimes.

Those of us who care about liberty and freedom must take immediate action. Whether concerned about

communities vulnerable to racial, religious, and ethnic profiling in the war on terror, or the ideological

profiling apparent in the FBIs investigation ofpeace and justice activists around the country, or simply

preserving the right to trial or the longstanding prohibition on domestic military deployment, allAmericans share a stake in this struggle.

Why are the NDAAs detention provisions so bad?1. Theindefinite military detention of US citizens violates the Fifth and Sixth Amendments, as

well as the fundamental Posse Comitatus Act, on which democracy relies. A society is not free

when its citizens are subject to arbitrary detention.

2. The NDAAs detention provisions could authorize theindefinite military detention of activists.The FBI has long treated peace, environmental, and anti-tax activists as terrorists. Legalizing

indefinite detention for anyone accused of a terror-related crime would give the presidentand

every future administrationthe unchecked power to deny the right to trial and override the

presumption of innocence in order to silence critics.

3. Transforming America into a police state would do the work of our nations enemies.Throwing our rights and liberties to the wind is what terrorists want. And with this bill, our

leaders have done more damage to our way of life than any foreign enemy.

4. The NDAAs detention provisions would undermine national security. Military detention wouldnot only threaten constitutional rights, but also force the military to perform a mission for which

it is ill suited, and it would further damage public trust in our justice system.

5. Congress is supposed to check and balance the Executive Branch, not expand it. The NDAAwould give the executive branchunder not only President Obama, but also every future

presidentunprecedented power to detain US citizens without judicial review. Rather than

checking and balancing the Executive Branch, Congress passed a bill granting the Executive

Branch even more power than the administration wanted.


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What is the NDAAs status?On November 29, 2011,the Senate voted 61-39 to reject the Udall Amendment, which would have

eliminated the NDAAs provisions expanding military detention, paving the way for the Senates

approval on December 1.

President Obama initially threatened to veto the bill, but after a series of closed-door meetings with

congressional leaders, has backtracked on that promise. Senator Carl Levin (D-MI) announced changes

to the bill on December 12, reportedly reflecting input from the Obama administration. On December

14, theadministration announcedthat the language [as revised] does not challenge or constrain the

Presidents ability to collect intelligence, incapacitate dangerous terrorists, and protect the American

people, and the Presidents senior advisors will not recommend a veto.

On the one hand,the bill emerging from the conference committeedid remove prior language requiring

mandatory military detention for terror suspectseven US citizens. In particular, Section 1032(b)

provides that [t]he requirement to detain a person in military custody under this section does not

extend to citizens of the United States.

On the other hand, the bill still includes language permitting military detention without trial at the

presidents discretion. Section 1031 affirms authority for the Armed Forces of the United States to

detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

Subsection (b), meanwhile, includes any person who has committed a belligerent act, defined

however any future president, attorney general, or prosecutor may choose to interpret that ambiguous

term.

On Wednesday, December 14, the House approved the reconciled bill by a vote of 283-136. Senators are

poised to vote starting Thursday, December 15 the 220th

anniversary of the ratification of the Bill of

Rights. Activism that attracts the attention of local and state press could help influence the outcome of

that vote or even convince the president to hold true to his promise to veto the NDAA until its detention

provisions are removed.

This Bill of Rights Day, theres no better way to demonstrate true patriotism than raising your voice for

liberty, the right to trial, and the Constitution itself

What can we do?1. Sign a petitiondemanding that President Obama fulfill his promise to veto the bill and that

Congress allow the veto to stand.2. Forward ourpetition specifically for military service membersto any active service members,

veterans, or retired officers you know.

3. Visit our online mapto find a Bill of Rights Day action near you.4. Share thiscall to action and toolkitwith your communities and networks. Below are several

ideas for actions on Bill of Rights Day, December 15.
http://news.firedoglake.com/2011/11/29/udall-amendment-fails-setting-up-showdown-on-defense-authorization-bill/http://news.firedoglake.com/2011/11/29/udall-amendment-fails-setting-up-showdown-on-defense-authorization-bill/http://news.firedoglake.com/2011/11/29/udall-amendment-fails-setting-up-showdown-on-defense-authorization-bill/http://www.lawfareblog.com/2011/12/white-house-statement-no-veto-on-ndaa/http://www.lawfareblog.com/2011/12/white-house-statement-no-veto-on-ndaa/http://www.lawfareblog.com/2011/12/white-house-statement-no-veto-on-ndaa/http://www.gpo.gov/fdsys/pkg/BILLS-112hr1540pp/pdf/BILLS-112hr1540pp.pdfhttp://www.gpo.gov/fdsys/pkg/BILLS-112hr1540pp/pdf/BILLS-112hr1540pp.pdfhttp://www.gpo.gov/fdsys/pkg/BILLS-112hr1540pp/pdf/BILLS-112hr1540pp.pdfhttp://salsa.democracyinaction.org/o/498/p/dia/action/public/?action_KEY=8895http://salsa.democracyinaction.org/o/498/p/dia/action/public/?action_KEY=8895http://salsa.democracyinaction.org/o/498/p/dia/action/public/?action_KEY=8896http://salsa.democracyinaction.org/o/498/p/dia/action/public/?action_KEY=8896http://salsa.democracyinaction.org/o/498/p/dia/action/public/?action_KEY=8896http://bordc.org/ndaa/map.phphttp://bordc.org/ndaa/map.phphttp://bordc.org/ndaa/ndaatoolkit.pdfhttp://bordc.org/ndaa/ndaatoolkit.pdfhttp://bordc.org/ndaa/ndaatoolkit.pdfhttp://bordc.org/ndaa/ndaatoolkit.pdfhttp://bordc.org/ndaa/map.phphttp://salsa.democracyinaction.org/o/498/p/dia/action/public/?action_KEY=8896http://salsa.democracyinaction.org/o/498/p/dia/action/public/?action_KEY=8895http://www.gpo.gov/fdsys/pkg/BILLS-112hr1540pp/pdf/BILLS-112hr1540pp.pdfhttp://www.lawfareblog.com/2011/12/white-house-statement-no-veto-on-ndaa/http://news.firedoglake.com/2011/11/29/udall-amendment-fails-setting-up-showdown-on-defense-authorization-bill/


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5. Let BORDC know your plans.Well feature them on our website, promote them to oursupporters in your community, and work with you to draw attention to your concerns.

NDAA actions for Bill of Rights Day (December 15)

These are just a few ideas for actions you can hold to oppose NDAA in your community. Dont forget tolet us know about your eventso that we can help you publicize it.

Meetings with senators (or their staff)

Contact the offices of your senators and request meeting to share your concerns about the NDAA. Reach

out to your allies and neighbors and recruit others to attend with you. Visit the office, explain your

position, collect the business cards of the people you meet with, andmost importantlystay in touch

with them going forward.

Speak Out

A speak out can be as simple as designating a public park as a gathering space, and then inviting

participants to each share their views.

Amplified sound can help increase the scale of a speak out, though many public areas require sound

permits.

Street theater

Free performances in a public space offer a tremendous opportunity to convey a political message. Your

campaign can use street theater to share your message with an audience you might not reach

otherwise, and do it in a fun, creative way.

For instance, prompted by the NDAA, there will be street theater performances throughout Dallas, TX

on Thursday, December 15 depicting people being abducted at several public locations. Similarly, actions

in Chicago and New York City will feature a mock funeral for the Bill of Rights, featuring a coffin and

funeral procession.

Actions like these can be especially powerful if followed by outreach to confused or concerns passersby

with flyers about the issues and how they can get involved in your campaign going forward.

YAHA Net (Youth, the Arts, HIV & AIDS Network) provides agreat guide to planning street theater. They

suggest performing in a public place with plenty of people, keeping the performance short and to the

point, repeating a memorable and distinctive message, and engaging the audience afterwards through a

discussion. Consider incorporating props, puppets, music, costumes, and audience participationanything that will grab attention can help communicate your message.

Flashmob

A flashmob appears like a spontaneous convergence, often with a performance such as a skit, song,

dance, or action. Similar to street theater, a flashmob can carry a political and educational message,

while creating stunning visual statements. Video recordings of flashmobs also make great online

awareness-raising tools.
http://bordc.org/ndaa/event.phphttp://bordc.org/ndaa/event.phphttp://bordc.org/ndaa/event.phphttp://bordc.org/ndaa/event.phphttp://www.yahanet.org/guides/howto/doing-street-theatrehttp://www.yahanet.org/guides/howto/doing-street-theatrehttp://www.yahanet.org/guides/howto/doing-street-theatrehttp://www.yahanet.org/guides/howto/doing-street-theatrehttp://bordc.org/ndaa/event.phphttp://bordc.org/ndaa/event.php


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Despite appearances, a flashmob requires careful planning and timing. Identify a particular place, decide

on a specific time, then call a flashmob to perform a particular (ideally, relatively short) act. This Bill of

Rights Day, reading the Fifth and Sixth Amendments would be especially appropriate. Also see Street

Theater above.

Lyrical ambushA lyrical ambush is a performance (often featuring poetry, spoken word, or hip hop in an open mic

format) in a public space.

In addition to the voices of rotating performers, lyrical ambushes can also feature drums or musical

instruments, sidewalk chalk, bubbles, and noisemakers. Bringing extra materials for public use can help

draw in spectators and turn them into participants.

TheDC Guerilla Poetry Insurgencyhas a variety of examples and suggestions at their website. Be sure to

rotate voices to keep the performance dynamic, and invite passersby to take the mic to share their own

ideas and concerns.

March or demonstration

A rally or march can demonstrate support for your goals and attract decision makers, media outlets, and

more community supporters. Be sure to announce your concerns by reading a statement about your

purpose, crafting creative signs, or handing out flyers.

Pick a time and location that supports your goals. For example, a demonstration outside a Senators

office, a federal courthouse, or any federal building can connect your action to the NDAA. Similarly,

converging on city hall on the night of an important vote can leverageand potentially influence

existing media coverage.

As with any event, promote the demonstration or march by posting flyers on bulletin boards,

announcements to email lists, and advisories to localand statewidemedia. Check your local laws

about any potential restrictions on public gatherings. If necessary, you may want to secure a permit.

Vigil

A vigil is a somber, often silent, gathering of people to honor or remember an injustice. Often, groups

hold candlelight vigils at night outdoors and invite community members to join them.

Consider whether to invite a speaker (perhaps a local faith leader) to address participants, or invite a

member of your campaign read a statement about the dangers of military detention without trial.

Distribute information about your concerns, but do so respectfully. A vigil is a solemn event, not a time

to forcefully push an opinion.

If youre hosting a candlelight vigil, make sure you provide candles and some means of keeping them

from catching on fire. A small paper cup with a hole cut in it will shield the candle from the wind and

catch dripping wax.
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Find a public place for your vigil, where the community will see you and can easily join you. A banner or

posters can help passersby understand your concerns.

Community forum

A forum can be an excellent way to share information with your friends, neighbors, and community. A

forum can also offer an opportunity to recruit allies with whom to build ongoing campaigns.

Many forums feature prepared remarks from two or three speakers, followed by a question-and-answer

period. When choosing speakers for your forum, aim to ensure diversity in terms of the speakers

perspectives, areas of expertise, race, religion, age, and gender. Remember to consider students and

potential allies as speakers.

If possible, schedule a meeting or conference call with the speakers in advance of the forum to review

what each person will discuss. A conference call will also help acquaint the speakers with each other

before the live discussion, which will help make the public discussion more compelling.

Invite friends, community groups, and local nonprofit organizations to attend the forum. Consider askinglocal groups and organizations to cosponsor the event, and to donate to help cover expenses such as

copying, postage, childcare for participants, and facility rental. Sponsorships can help expand your

network for promoting the event and rally support for future efforts.

If possible, set up a registration table to collect the contact information of attendees, then stay in touch

with them.

Film screening

You can show a film at a local movie theatre, college or high school auditorium, religious institution,

business conference room, or even a community members home. There are lots of great films, both

documentaries and fictional pieces, that raise civil rights issues and could prompt compelling

discussions. Choose a film that will highlight the problems your campaign seeks to address. Refer to

BORDCslist of recommended resources.

Entice supporters, community members, and the press to attend your screening. Its greatbut

difficultto get a films stars or creators to attend your screening, but there are lots of easier ways to

promote it as well. Ask local restaurants or grocery stores for food donations or request that campaign

supporters bring snacks. Hold a raffle or door prize with donated goods or services from local

businesses.

Be careful not to violate copyright laws that may prohibit certain public film screenings. You can avoid

copyright violations by requesting permission from the filmmaker or producer. Some may require you to

pay to show the film, but many distributers routinely allow certain types of groups and organizations to

show films for free.

Letters to Congress

Writing letters to your senators can be more personal than a petition and can help demonstrate broad

community support.
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Its easiest to get a supporter to write a letter when he or she is already sitting down. For example, take

a few minutes during a forum or film screening and ask people to write letters. Its helpful to offer a

sample text, if participants are writing their letters themselves, or postcards on which they can write a

personal message.

You can either mail the letters or cards to your senators or deliver them in person at a meeting.Remember to make copies of them beforehand so you can follow up with letter writers later.

Chants and songs

Below are some chants and songs that can help energize your action:

Hey hey

ho ho

the NDAA

has got to go

Without the right to trial

well end up saying heil

Is this a republic?

or a military dictatorship?

one: we are the people

two: a little bit louder

three: we want rights

for Americans

Our Constitution

is fundamental

We the People hold

our right to trial essential

Indefinite detention?

But they dont mention

how nefariouscould be the governments intention

To the tune ofSanta Claus is Coming to Town

You better shut up

You better not cry

Better not protest

I'm telling you whyIndefinite Detention is coming to town!

They're making a list

They're checking it twice

They're gonna tell you

If you're a terrorist or nice

Indefinite Detention is coming to town!

They know if you are sleeping

They know if you're awakeThey know if you're a sheep or not

So be a sheep for your own sake!

Oh....

You better shut up

You better not cry

Better not protest

I'm telling you why



Dont forget totell us about your eventso that we can add it to ourmap!
http://bordc.org/ndaa/event.phphttp://bordc.org/ndaa/event.phphttp://bordc.org/ndaa/event.phphttp://www.bordc.org/ndaa/map.phphttp://www.bordc.org/ndaa/map.phphttp://www.bordc.org/ndaa/map.phphttp://www.bordc.org/ndaa/map.phphttp://bordc.org/ndaa/event.php

NDAA Toolkit

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