STATEMENT OF: Delegate Bob Marshall (R., Manassas)

SUBJECT: Rejection of Tracy Thorne-Begland’s Judicial Nomination

DATE: Tuesday, May 15, 2012

The Virginia House of Delegates has properly rejected the selection of Tracy Thorne-Begland as a candidate for a judgeship.

A state judge has a critically important role in our state and our society. When we go into court, we must know that the judge who decides our case wants to preserve the rule of law by finding the law in our constitutions, statutes, and prior decisions of the court.  We do not need more judges who want to use their position to remake the law in their own image. We must know that the person who embodies the authority of the Commonwealth in that courtroom has a judicial temperament – is an impartial decision maker. Particularly in District Court, where there is no right to jury trial, we must trust the judge to weigh the evidence impartially and render justice under law.  Under our system, the advocates in that courtroom are the lawyers, but never the judge.

Tracy Thorne-Begland is a nationally known advocate of homosexual rights, working with and leading groups such as the Human Rights Campaign and Equality Virginia, whose life’s passion it is to change the law.  He has been quoted as being critical of the judicial system in Virginia for hostility to homosexual rights. There was widespread doubt in the General Assembly as to whether this candidate could swear the oath required of Virginia’s judges to abide by Virginia’s Constitution since he profoundly disagrees with the Virginia Marriage Amendment “that only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth.”

In 2006, when Virginians overwhelmingly amended our Virginia Constitution to add the Virginia Marriage Amendment defining marriage as a union of one man and one woman, that amendment became the law of the land.  But this applicant does not accept the authority of the people in whom are vested the sole power to amend our Virginia Constitution, as he holds himself out to be married to a person of his own sex.

The House of Delegates vote was a decision that was forced upon the General Assembly when I was unable to persuade my colleagues privately to remove this candidate from the list.  At that point, the public battle became inevitable. I did not seek this battle, but neither did I shrink from it.

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Delegate Bob Marshall’s contact information:
Mobile telephone – (703) 853-4213
Capitol telephone – (804) 698-1013 (during General Assembly sessions)
E-mail addresses – delegatebob@gmail.com
www.delegatebob.com
www.youtube.com/user/delegatebobmarshall
www.twitter.com/RobertGMarshall
www.facebook.com/delegatebob

MANASSAS, May 12 – Delegate Bob Marshall said today that he will seek to remove the name of a homosexual activist from a list of proposed District Court judicial appointments if the name remains on the list when it comes to a vote Monday in the Virginia General Assembly.

The judgeship nominee is Tracy Thorne-Begland, a Richmond attorney identified by Marshall (R., Manassas) as “an aggressive activist for the pro-homosexual agenda.”

“After more than a week of pleading by some Republican Caucus members,” Marshall said, “the House Republican leadership has so far declined to removed Mr. Thorne-Begland’s name from the block of nominees,” Marshall said.  “If this situation remains unchanged, I will offer an amendment to remove his name.”

Marshall questioned whether Thorne-Begland can swear to the oath required of Virginia’s judges in which they pledge to abide by the state’s constitution “if he has already indicated by his past public actions that he does not support its provision ‘that only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivision.’”

Thorne-Begland lives with a ‘partner” with whom he has a formalized homosexual union, Marshall said, and they have two adopted children.  Thorne-Begland has been active in the national homosexual advocacy group, Human Rights Campaign, and with Equality Virginia, of which he is a former board member.

Marshall pointed out that Thorne-Begland was serving as a Navy aviation lieutenant in 1992 when he went on national television to disclose his homosexuality, then was discharged under the “don’t ask, don’t tell” military regulation on homosexuality then in force.  Thorne-Begland sued the Defense Department, alleging that his right to free speech had been restricted, but he lost the case on appeal to the U.S. Court of Appeals for the 4th Circuit in Richmond.

“Mr. Throne-Begland joined the Navy under clear rules on homosexuality that he challenged when he sued the Department of Defense to change DADT,” Marshall said.

“Would Mr. Thorne-Begland also challenge rules that apply to Virginia courts?  Can this candidate swear the required oath to support our state’ constitution if he has already indicated by his past actions that he does not support that section of our constitution barring same-sex legal relationships?

“While our judges and judicial candidates certainly have a right to free speech, they do not have the right to disregard the Virginia constitution”

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Delegate Bob Marshall’s contact information:

Mobile telephone – (703) 853-4213

Capitol telephone – (804) 698-1013 (during General Assembly sessions)

E-mail addresses – delegatebob@gmail.com and bob@delegatebob.com

www.delegatebob.com

www.youtube.com/user/delegatebobmarshall

www.twitter.com/RobertGMarshall

www.facebook.com/delegatebob

That the nation’s oldest legislature had to step up as the backstop to protect residents’ basic rights is a testament to the genius of the political system devised by Madison and his fellow Founding Fathers. But it’s also a chilling reminder that the federal government is capable of turning on its own citizens.

…

Read the full article here.

RICHMOND, April 18 – State Delegate and U.S. Senate Candidate Bob Marshall expressed thanks tonight “to the many liberty-minded citizens across Virginia” for their support of his bill enacted by the Virginia General Assembly today to block agencies and employees of the Commonwealth from taking part in unlimited detention of United States citizens by federal authorities for suspected terrorism.

“With the overwhelming General Assembly acceptance of my bill with several amendments offered by Gov. Bob McDonnell, Virginia is saying “no thanks” to Congress to any participation in the unconstitutional detention of American citizens without trial, legal counsel, specific charges, or the right to face their accusers,” Marshall said.

“This victory would not have been possible without strong grass-roots support for my bill from Virginians of all political backgrounds and persuasions. I thank them for taking the time to write letters, send e-mails and make telephone calls to the governor and General Assembly members. And I am proud of the Assembly’s response.”

The Virginia House of Delegates gave final approval to Marshall’s bill in an 89-7 roll-call vote. The State Senate later passed the measure, 36-1.

Marshall’s bill, HB 1160, prevents Virginia participation in the unlimited detention of United States citizens on the mere suspicion of their participation in terrorist activities or affiliations. Such detentions are authorized by an obscure section of the 2012 National Defense Authorization Act signed into law by President Obama in late December.

Virginia is the first state to pass a law placing a legal bar between all state agencies and any federal effort to use Section 1021 of the 2012 NDAA to suspend centuries-old habeas corpus rights.

“I hope Virginia’s enactment of HB 1160 will serve as a model for other state legislatures, encouraging them to adopt similar statutes. States simply must have a significant role and duty in resisting the federal government’s overreach.

“In the words of an editorial in today’s Richmond Times Dispatch supporting HB 1160, ‘Congress and the President should be made aware that their contempt for fundamental constitutional rights does not sit well with the American public.’”

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CONTACT: State Delegate Bob Marshall, (703) – 853-4213 mobile telephone

MANASSAS, April 4 – Delegate Bob Marshall today sent Gov. Bob McDonnell an 11-page memorandum analyzing legal aspects of his HB 1160 and detailing reasons why McDonnell should sign the bill into law.

Marshall’s HB 1160 would prevent agencies and employees at all levels of Virginia’s state and local governments from assisting federal authorities in the unlimited detention of United States citizens without charges or court hearing merely on suspicion of involvement in terrorist activities.

Obscure sections of the National Defense Authorization Act of 2012 (NDAA), signed into law by President Obama in late December, permits such unlimited detentions by United States military forces and federal law enforcement agencies.

Marshall contends that the NDAA authority deprives United States citizens of their rights under the United States and Virginia constitutions.

HB 1160 was passed by overwhelming bipartisan majorities in both houses of the Virginia General Assembly and is on McDonnell’s desk awaiting his signature. The governor is reported to have reservations about the bill.

The extensive memorandum was prepared for Marshall by attorney Herbert W. Titus, a former law school professor. Currently, Titus is “of counsel” with the Vienna, Va., law firm of William J. Olson, former chairman of the Fairfax County Republican Party. Olson’s firm specializes in constitutional law.

The Titus memorandum notes that “a potential additional complication” is that McDonnell, by Obama appointment, serves on a bipartisan Council of Governors (COG) formed in 2010 to assist federal authorities “on matters related to the National Guard and civil support missions.” COG’s duties include sharing information and advice relating to “homeland defense” and “synchronization and integration of State and Federal military activities within the United States.”

“Since the governor’s oath includes upholding the Constitutions of both the United
States and the Commonwealth,” Titus wrote in his memorandum, “and since both documents secure to the people the rights to a speedy and public trial, confrontation of witnesses, jury trial, and due process of law, it seems reasonable to expect that the governor will sign H.B. 1160. In so doing, he would fulfill the historic role of the States as being guardians of the people from usurpations of authority from the central government.”

The memorandum contends McDonnell “certainly has the authority to make his own assessment of the federal statute’s constitutionality now, without having to wait for a judicial decision after some person is denied the very rights that the constitution was designed to protect.”

“Thus,” the memorandum concludes, “it would appear that the only reason why the governor reasonably would veto H.B. 1160 would be that he believes that NDAA is constitutional – and we certainly trust that is not the case.”

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NOTE: The complete Titus memorandum is attached. Download here.

CONTACT: Bob Marshall, (703) 853-4213 – mobile telephone
Capitol telephone – (804) 698-1013 (during General Assembly sessions)

By tomorrow, the U.S. Supreme Court will have spent six hours hearing oral argument over a three-day period about the constitutionality of the Patient Protection and Affordable Care Act, better known as ObamaCare. After the argument on Tuesday, the Court will address the question: “Whether Congress had the power under Article I of the Constitution to enact the minimum coverage provision.” That sterile statement of the issue on which the Court granted certiorari vastly understates the significance of this case. The truth is that this case will determine whether there are any meaningful limitations on Congress’ power to mandate an individual’s life choices.

…

Read the full article at the American Thinker.

RICHMOND, March 16 – U.S. Sen. Rand Paul (R., Tenn.) has asked Gov. Bob McDonnell to sign Delegate Bob Marshall’s bill barring Virginia government agencies and employees from aiding in unlimited federal detention of United States citizens without criminal charges or court hearings.

“It is my sincere hope that you will join me and other freedom-loving Americans in support of HB 1160 by signing it into law.” Sen. Paul wrote to McDonnell in a letter dated yesterday.

“The Father of the Constitution and the architect of the Bill of Rights, Virginia’s own James Madison, would be proud of Virginia’s General Assembly for passing HB 1160.  This bill defends Virginians’ constitutional rights by prohibiting any agency, political subdivision, employee, or member of the military of Virginia from assisting in the arrest and detention of American citizens indefinitely, without charges, without legal counsel, and without a trial.”

Sen. Paul, a medical doctor elected to the U.S. Senate in 2010, is the son of U.S. Rep.  Ron Paul (R., Texas), who is a candidate for this year’s Republican presidential nomination.

Marshall (R, Manassas) was provided a copy of Paul’s letter yesterday.

The General Assembly passed Marshall’s HB 1160 last week following extensive parliamentary maneuvering in the closing days of its session.  Final votes were 37-1 in the State Senate and 96-4 in the House of Delegates.  The bill awaits McDonnell’s decision on whether to sign it.  There are indications he is reluctant to do so.

Sen. Paul, in his letter, notes that Marshall’s bill specifically addresses the federal 2012 National Defense Authorization Act (NDAA), which Paul asserts “greatly expands the power and scope of the federal government to fight the War on Terror by codifying into law the indefinite detention of terrorism suspects without trial.”

“Under the NDAA,” Sen. Paul wrote, “the President and military are given the power to carry out domestic anti-terrorism operations on U.S. soil and to detain even U.S. citizens without trial

Sen. Paul noted that “of particular concern” to him is NDAA’s obscure Section 1021 authorizing the President to use “all necessary and appropriate force,” which “includes the authority of the Armed Forces of the United States to detain covered persons … pending disposition under the law of war.”

“I find this to be especially worrisome given that we are engaged in a war that seems to have no end,” Sen. Paul wrote.  “The rights we give up now may never be restored.  The NDAA attempts to repeal fundamental rights guaranteed by our Constitution, and flies in the face of bedrock principles of liberty that pre-date even the Magna Carta. …

“Virginia is one among many other States taking action against the NDAA’s unconstitutional provisions. Many of my own constituents and others across America have informed me that they applaud the Virginia General Assembly for taking the lead in passing this important legislation.

NOTE: A copy of Sen. Rand Paul’s letter is attached. You may download it here.

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Delegate Bob Marshall’s contact information:

Mobile telephone – (703) 853-4213

Capitol telephone – (804) 698-1013 (during General Assembly sessions)

RICHMOND, March 8 – Delegate Bob Marshall today praised the Virginia State Senate for passing his HB 1160 to prevent Virginia’s government agencies and employees from having to take part in illegal and indefinite federal detention of United States citizens.

The action completes the Virginia General Assembly’s consideration of the legislation. Marshall (R., Manassas) urged Gov. Bob McDonnell to sign the bill into law.

“I extend heartfelt thanks to the thousands of concerned citizens who communicated with members of the Senate and the House of Delegates over the last several weeks, urging adoption of this important measure against federal violation of our precious constitutional rights,” Marshall said.

“By overwhelming votes, members of both houses of the Virginia General Assembly now have expressed themselves in their unmistakable understanding of the inviolate protections of our civil rights under the constitutions of the United States and Virginia.

“I urge Gov. McDonnell to acknowledge this outpouring of grass-roots and legislative support of HB 1160, and I urge him to add his signature to this vital protection of our sacred liberties as citizens of Virginia and the nation.”

After days of adverse legislative maneuvering triggered by unspecified reports that McDonnell “had concerns” about HB 1160, the Senate voted 37-1 to accept the bill as it was originally passed by the House on Feb. 4 by a 96-4 vote.

With today’s vote, the Senate turned away from its own version of the legislation, which contained a clarifying amendment accepted by Marshall and adopted Feb. 28 by a 38-1 vote. That amendment, however, marked the beginning of behind-the-scenes manipulation intended to scuttle HB 1160.

“Beyond doubt, the letters, telephone calls and e-mail messages in support of my bill are what carried the day,” Marshall said. “These good folks did not give up in the face of adversity, and they prevailed. Now I hope they will carry this fight further by entreating Gov. McDonnell to complete the process and sign the bill into law.”

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A statement by Delegate Marshall is attached.

NOTE: Virginia Legislative Information Service description of HB 1160
Unlawful detention of United States citizens.  Prevents any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency of the armed forces of the United States in the conduct of the investigation, prosecution, or detention of a United States citizen in violation of the United States Constitution, Constitution of Virginia, or any Virginia law or regulation.

Delegate Bob Marshall’s contact information:
Mobile telephone – (703) 853-4213
Capitol telephone – (804) 698-1013 (during General Assembly sessions)

STATEMENT OF: Delegate Bob Marshall

SUBJECT: Passage of HB 1160,
Unlawful detention of United States citizens

DATE: Thursday, March 8, 2012

Today, the Virginia State Senate nearly unanimously passed my bill, HB 1160, to prevent Virginia’s state and local government agencies from cooperating with the federal government in the indefinite detention of Virginians under the National Defense Authorization Act of 2012 (“NDAA”). The vote in the Senate to accede to the bill as passed by the House of Delegates was 37-1. The bill now will be presented to Governor Robert McDonnell.
I want to express my deepest appreciation to all those who worked so hard to get this bill through the General Assembly. Congress, by including this provision in a must pass bill affecting our Armed Forces, made a terrible mistake in empowering this or any future President and the military to arrest and detain American citizens indefinitely, without charges, without the chance to confront their accusers, without legal counsel, and without a trial.
These provisions were inserted at the last minute into a 900-plus page bill that Congress had to pass to defend our nation, and many in Congress who originally voted for the bill disagreed with these provisions. I am honored to have played a part in having the Virginia General Assembly now go on record in defense of the civil liberties of our people, standing against this unconstitutional provision of the NDAA.
The writ of Habeas Corpus in our Constitution (Article 1, Section 9) is what separates America from dictatorships around the world. Giving anyone the unfettered power to “detain” American citizens without trial, counsel, specific charges, or a public record of such proceedings is unwise, imprudent and at fundamental odds with the assumptions of our government and legal traditions.
The next order of business is for Governor McDonnell to sign this bill, and I respectfully call on him to do so, joining the General Assembly in protecting Virginians against unbridled exercise of federal power to detain American citizens.
Efforts were made to kill this fore various reasons but, in fact, opposition to HB 1160 necessarily relies on an embrace of strong centralized Government with power which knows no practical limits. No President — no matter who they may be — not the military, no one, should be entrusted with the totalitarian powers encompassed in NDAA.
In refusing to cooperate with NDAA, the Virginia General Assembly is performing its historic role as explained by Alexander Hamilton in Federalist 26 as ‘not only vigilant but suspicious and jealous guardians of the rights of the citizens, against encroachments from the Federal government [who] will constantly have their attention awake to the conduct of the national rules and will be ready enough, if anything improper appears, to sound the alarm to the people and not only to be the VOICE but, if necessary, the ARM of their discontent.
In Congress, both Virginia Senators and a majority of the House delegation opposed these detention provisions in NDAA. I ask Virginia’s representatives in Congress to take the lead in repealing this unconstitutional law.
On the Senate side, this never would have happened without the leadership of Senator Chap Petersen (D-Fairfax), and the forceful advocacy of Senator Dick Black (R-Loudoun), and Senator Donald McEachin (D-Richmond). On the House side, I particularly want to thank Delegate David Albo (R-Fairfax) for his unwavering support, and Delegate Mark Keam (D., Fairfax) for his assistance and support. As my friend Chap Petersen said, “I just think sometimes that the right wing and the left wing get to come together on an issue of civil liberties, and I think this is a good example of that,” and “HB1160 is something everyone could get behind.
In addition, I want to thank a broad spectrum of civil liberties minded groups who helped greatly to explain this issue to Virginians and to correct some of the disinformation spread about the bill. These include groups from the Virginia American Civil Liberties Union on one end to Gun Owners of America, Campaign for Liberty, Downsize DC.org, the Tenth Amendment Center, National Association for Gun Rights, Virginia Libertarians, many TEA Party groups across the Commonwealth, and many others.”
The final language of the bill as passed by the House of Delegates, and as acceded to by the Senate, is as follows: “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 any 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, may engage in any activity that aids an agency of or the armed forces of the United States in the execution of 50 U.S.C. 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-18, § 1021) in the investigation, prosecution, or detainment of any citizen of the United States in violation of Article I, Section 8 or 11 of the Constitution of Virginia.

• • •

There is a job fair coming March 29, 2012 to the Freedom Center. You may download the PDF on the job fair here. Below is a list of the currently confirmed companies that will be present:

• Employment Enterprises
• Agilex
• APEX
• Bad to the Bone Smokehouse
• City of Manassas Government
• Colonial Life
• Comcast
• DC DOES
• FBI Washington Field Office
• Freedom Center
• George Mason University HR
• Home Instead Senior Care
• ICF International
• Intelligence Careers
• Intersections Inc.
• KFORCE
• Liberty Mutual
• Manassas City Police Department
• Micron
• Minnieland Academy
• NOVEC
• Prince William County Government
• PW Fire and Rescue
• Prince William County Police Department
• Prince William County Public Schools
• South Management Corporation
• TML Copies, A Xerox Company
• UTZ Quality Foods, Inc.
• VEC– in-kind exhibitor space
• Verizon Wireless
• Wells Fargo
• Whitlock & Associates