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

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)

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.

• • •

SUBJECT: House of Delegates vote rejecting the Senate amendments to HB 1160, Unlawful detention of United States citizens

DATE: Tuesday, Marcy 6, 2012

I am disturbed by the secretive, backdoor way in which my HB 1160 is being “handled” by the Governor’s office.

My legislation seeks to keep Virginia from participating in the indefinite detention of U.S. citizens with no criminal records, no trial, no legal counsel, no charges and no day in court under the federal National Defense Authorization Act.

It is very disturbing that, after three days of refusing to address HB 1160, the House of Delegates has rejected the Senate amendments in order to send the bill to a conference committee to “work out” differences between the House and Senate versions.

The Governor’s office opposed the bill in its original form and seems to have concerns about the Senate version, as well. The Governor’s office has never consulted me, the author of HB 1160, or Senator Chap Petersen, the author of the Senate amendments, but instead has relayed concerns to Delegate Tim Hugo, chairman of the House Republican Caucus. The Governor’s office now claims support for HB 1160 but has “concerns,” none of which were communicated to me or to Sen. Petersen.

Today, after three days of stalling tactics that caused outraged Virginians to contact their delegates, I finally got a House of Delegates vote on HB 1160, but I am distressed that this most recent maneuver might be an effort to kill the bill by sending it to a conference committee “never never land.”

The U.S. Constitution provides for suspending habeus corpus in the event of invasion, but Congress did not reference that provision when it passed NDAA. That provision, and a similar one in the Virginia Constitution, are what separates us from the likes of Nazis, Communists and other totalitarian governments.

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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)

Marshall’s proposal was an amendment to legislation for the fiscal 2013 state budget that the funds “provided from the Mortgage Servicing Settlement Agreement may only be used for the purposes for which the attorney general’s settlement was made.”

The amendment was rejected by the Virginia House of Delegates on a 28-70 roll call vote.  Then The House passed the budget bill, 87-12, and sent it to the Virginia State Senate.

Marshall’s amendment targeted money that is part of a landmark $25 billion multi-state settlement agreement with the nation’s five largest mortgage servicers over foreclosure abuses and fraud.  State Attorney General Ken Cuccinelli announced Feb. 9 that his office had joined Virginia to the agreement.

“It was worth a try,” Marshall (R., Manassas) said of his amendment.  “While we struggle here to balance the state budget during difficult economic times, our state government seems to insist on robbing Peter to pay Paul with the state’s finances.  That’s a very strange way to keep the books when we are dealing with the people’s money.”

According to the attorney general’s news release announcing the settlement, the proposed agreement provides $479,594,672 in direct relief or other benefits to the Commonwealth and Virginia home borrowers, and addresses future mortgage loan servicing practices.  Included in that figure is a direct payment to the Commonwealth of $69,6576,121, according to the news release.

The mortgage servicers are Bank of America, J.P. Morgan Chase, Wells Fargo, Citigroup, and Ally Financial/GMAC.

Other terms of the settlement include:

Virginia’s home borrowers will receive an estimated total of $409,937,551.22 in benefits from loan term modifications and other relief.

Virginia’s borrowers who lost their homes to foreclosure from January 1, 2008, through December 31, 2011, and suffered servicing abuse qualify for approximately $31,301,320.91 in cash payments.

The value of refinanced loans to Virginia’s underwater borrowers will be an estimated $84,309,742.00.
The Bureau of Financial Institutions at the State Corporation Commission, as Virginia’s banking regulator, also joined the settlement and will receive an additional $1,000,000.

###

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

FYI, below is a letter Delegate Bob Marshall (R., Manassas) distributed Thursday (March 1) evening to his colleagues in the Virginia House of Delegates regarding his pending HB 1160 (Unlawful detention of U.S. citizens).  The legislation is scheduled for final House consideration Friday (March 2).

Also FYI, below is the news release Marshall issued Tuesday (Feb. 28) after the Virginia State Senate, on a 38-1 roll call vote, passed HB 1160 with a clarifying amendment.

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Colleagues —

House consideration of HB 1160 (Unlawful detention of U.S. citizens) was put over until tomorrow [Friday, March 2].  I urge the House to adopt the Senate amendment, which does all that the House bill did, but with fewer words.

I drafted the original bill.  Then I worked with Delegate Albo in developing the House language, and worked with Senator Petersen in developing the Senate language.  In all of its versions, the bill has always had the same core — banning the Commonwealth, its agencies, and its subdivisions from aiding the federal government in detaining Virginia citizens under Section 1021 of the National Defense Authorization Act (“NDAA”).  (The original house bill, and the bill as amended in the Senate, appear below.)

There is reason to believe that our effort in Virginia and many other such efforts in other states are having an effect.  Yesterday, the U.S. Senate Judiciary Committee held a hearing about this foolish provision of federal law — that had been buried in a 900-plus page bill.  Senators Feinstein and Paul and others have introduced a bill to undo this provision, and there is a similar bill in the House, but we cannot assume either will be enacted.  It remains important for the General Assembly to take a stand and pass this bill.

Along the way I have been told that the bill was too short, then too long, now too short again.  I was told it was too broad, and then told it was too narrow.  Some said it was not needed since the power has not been abused — but the law was just signed December 31.  Some said that it was not needed since President Obama said he would not use this authority — but why should any President be given such power.  Actually, like Goldilocks and the Three Bears, I think it is in the middle — “just right.”  Here’s why.

Nothing of substance has changed in my bill.  First, the surplus language at the end of the House bill (underlined below) was deleted, as it is the General Assembly that has determined that cooperation with detaining Virginians under NDAA is wrong — the decision would not be left to others.

Second, the bill applies to any “agency” of Virginia government, state, county, or local.  This triggers the definitions contained in section 8.01-385 and by its terms “agency” includes “Departments,” which includes the Department of Military Affairs, which is comprised of the Virginia Army National Guard and the Virginia Air National Guard and the Virginia Defense Force.  (Of course, if the National Guard is called up, it is in “actual service” of the federal government, and takes on a new status and is removed from the control of the Governor under Virginia and Federal law.  A Virginia law cannot affect what the National Guard members do while in actual federal service.)

Third, this bill prohibits state aid to any agency of the United States.  That includes, but is not limited to the Armed Forces of the United States — which was the subject of NDAA.

Fourth, since the terms of NDAA deal with detention, this bill is limited to not aiding in the “detention” of Virginians.  Concerns were raised about prohibiting involvement with “investigations,” as those could be valid reasons to investigate under other laws.  There was no reason to prohibit involvement with “prosecutions,” as the precise problem was that the federal government now claims the power to incarcerate indefinitely without commencing any prosecution.

The bill is supported by groups from the Virginia ACLU to Gun Owners of America.  Among the groups supporting this bill is the Japanese American Citizens League which sent a letter to each Senator telling them the story of the terrible detention of over 110,000 Japanese Americans during World War II as “suspected enemy aliens.”  The letter concludes “Virginia has the opportunity to stand up to an unjust application of Congressional authority.  The American people need somebody to stand up against this injustice.  HB 1160 is a tool that does just that; it stands up for the American people by respecting the basic principles of the Constitution.”

This bill does all that Virginia can do to keep from participating in improper actions of the federal government.  It passed not just bi-partisan majorities, but by truly overwhelming margins in the House and Senate.  There is no real dispute as to substance.  I urge my colleagues to adopt the Senate amendments.

- Bob Marshall

February 14, 2012 – Passed in the House (96-Y, 4-N)

§ 1. 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 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, shall aid an agency of the armed forces of the United States in the conduct of the investigation, prosecution, or detention of any citizen pursuant to 50 U.S.C. § 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-18, § 1021) if such aid would place any state agency, political subdivision, employee of such state agency or political subdivision, or aforementioned member of the Virginia National Guard or the Virginia Defense Force in violation of the United States Constitution, the Constitution of Virginia, and provision of the Code of Virginia, any act of the General Assembly, or any regulation of the Virginia Administrative Code.

February 28, 2012 – Passed Senate with Amendment (39-Y, 1-N)

§ 1. Notwithstanding any contrary provision of law, no agency or political subdivision of the Commonwealth, or employee of same acting in his official capacity, shall aid an agency of the United States in the unlawful detention of any United States citizen pursuant to 50 U.S.C. § 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-81, § 1021).

Delegate Bob Marshall’s contact information:

Mobile telephone – (703) 853-4213

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

38-1 Roll Call Vote

STATE SENATE PASSES MARSHALL’S HB 1160 WITH 38-1 BIPARTISAN VOTE

Now Legislation Returns to House of Delegates for Approval of Clarifying Amendment

RICHMOND, Feb. 28 – Delegate Bob Marshall said today that he is “deeply gratified” that the Virginia State Senate has passed his bill to protect Virginians from having to participate in the unconstitutional detention of United States citizens by federal authorities.

“I am hopeful that Governor McDonnell will sign this bill,” Marshall (R., Manassas), and that this law will provide an important protection for Virginians against improper federal action.  Moreover, it is my hope that other states will follow Virginia in responding to Washington, D.C.’s latest overreach, and that Congress will re-think this unconstitutional action.”

The Senate passed Delegate Bob Marshall’s HB 1160 to bar Virginia from assisting the federal government in the unlawful detention of United States citizens under an obscure provision of the 2012 National Defense Authorization Act passed by Congress.

The Senate approved Marshall’s bill today by a 38-1 roll call vote.  It now must be returned to the Virginia House of Delegates for its approval of the clarifying Senate amendment, which vote probably will come tomorrow or Thursday.  The House passed the original bill on Feb. 4 by an overwhelming 96-4 roll call vote.

“This action is a repudiation of the unlawful action of Congress,” Marshall said after the Senate vote.  “The Constitution is to be followed, not abused.  The people of Virginia have spoken through their elected representatives in the General Assembly in rejecting a federal law purportedly giving the military the power to indefinitely detain American citizens without charges, counsel, or trial.

“I am deeply gratified that today the Virginia State Senate passed my bill HB 1160 by the overwhelming vote of 38-1.  The near-unanimous Senate vote follows passage of HB 1160 in the House of Delegates by a vote of 96-4.  Almost all Republicans and Democrats joined together in a great bipartisan effort to tell the Federal Government that these are powers that no President should be entrusted with.

The House vote occurred Feb. 4.  By a 20-20 tie vote, HB 1160 survived a Senate motion yesterday to send it back to its Courts of Justice Committee

“Twenty-four hours after the Virginia State Senate nearly killed my bill, thousands of Virginians learned that our liberties were on the line, and they made their views known.  Groups from the Virginia American Civil Liberties Union to Gun Owners of America, National Association for Gun Rights, Virginia Libertarians, DownsizeDC.org, various Tea Party groups, and Campaign for Liberty, and many others, all publicly endorsed HB 1160.  The bipartisan nature of the vote today shows that Virginians are joining together to defend their liberties.”

“I want to thank my friend and colleague Senator Chap Petersen (D, Fairfax) for working with me on a clarifying amendment that I wholeheartedly supported, and for the forceful arguments offered on the floor by both State Sen. Dick Black (R, Leesburg) and State Sen. Richard Stewart (R, Montross).”

Peterson responded: “The unlawful detention of United States citizens is wrong, and here in the Commonwealth we will never assist in the detention of others, no matter the state of war that we may be in, or no matter the emergency.  The rule of law must persist in our nation, regardless of circumstances, or we shall fail in our commitment to justice.”

Marshall said the Senate-amended bill “makes it crystal clear that no one in the Virginia government ‘shall aid an agency of the United States in the unlawful detention of any United States citizen’ under the National Defense Authorization Act.

“Truly, such detentions would be unlawful just as the bill states,” Marshall said.

“I particularly want to thank the Japanese American Citizens League, which sent a letter to each senator telling them the story of the terrible detention of over 110,000 Japanese Americans during World War II as ‘suspected enemy aliens.’  The letter concludes: “Virginia has the opportunity to stand up to an unjust application of Congressional authority.  The American people need somebody to stand up against this injustice.  HB 1160 is a tool that does just that; it stands up for the American people by respecting the basic principles of the Constitution.”  I am proud to stand with these patriotic Americans.”

The Senate’s clarifying amendment reads: “Notwithstanding any contrary provision of law, no agency or political subdivision of the Commonwealth, or employee of same acting in his official capacity, shall aid an agency of the United States in the unlawful detention of any United States citizen pursuant to 50 U.S.C. §1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-81, § 1021).”

A House vote is expected tomorrow or Thursday.

###

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

Now Legislation Returns to House of Delegates for Approval of Clarifying Amendment

RICHMOND, Feb. 28 – Delegate Bob Marshall said today that he is “deeply gratified” that the Virginia State Senate has passed his bill to protect Virginians from having to participate in the unconstitutional detention of United States citizens by federal authorities.

“I am hopeful that Governor McDonnell will sign this bill,” Marshall (R., Manassas), and that this law will provide an important protection for Virginians against improper federal action.  Moreover, it is my hope that other states will follow Virginia in responding to Washington, D.C.’s latest overreach, and that Congress will re-think this unconstitutional action.”

The Senate passed Delegate Bob Marshall’s HB 1160 to bar Virginia from assisting the federal government in the unlawful detention of United States citizens under an obscure provision of the 2012 National Defense Authorization Act passed by Congress.

The Senate approved Marshall’s bill today by a 38-1 roll call vote.  It now must be returned to the Virginia House of Delegates for its approval of the clarifying Senate amendment, which vote probably will come tomorrow or Thursday.  The House passed the original bill on Feb. 4 by an overwhelming 96-4 roll call vote.

“This action is a repudiation of the unlawful action of Congress,” Marshall said after the Senate vote.  “The Constitution is to be followed, not abused.  The people of Virginia have spoken through their elected representatives in the General Assembly in rejecting a federal law purportedly giving the military the power to indefinitely detain American citizens without charges, counsel, or trial.

“I am deeply gratified that today the Virginia State Senate passed my bill HB 1160 by the overwhelming vote of 38-1.  The near-unanimous Senate vote follows passage of HB 1160 in the House of Delegates by a vote of 96-4.  Almost all Republicans and Democrats joined together in a great bipartisan effort to tell the Federal Government that these are powers that no President should be entrusted with.

The House vote occurred Feb. 4.  By a 20-20 tie vote, HB 1160 survived a Senate motion yesterday to send it back to its Courts of Justice Committee

“Twenty-four hours after the Virginia State Senate nearly killed my bill, thousands of Virginians learned that our liberties were on the line, and they made their views known.  Groups from the Virginia American Civil Liberties Union to Gun Owners of America, National Association for Gun Rights, Virginia Libertarians, DownsizeDC.org, various Tea Party groups, and Campaign for Liberty, and many others, all publicly endorsed HB 1160.  The bipartisan nature of the vote today shows that Virginians are joining together to defend their liberties.”

“I want to thank my friend and colleague Senator Chap Petersen (D, Fairfax) for working with me on a clarifying amendment that I wholeheartedly supported, and for the forceful arguments offered on the floor by both State Sen. Dick Black (R, Leesburg) and State Sen. Richard Stewart (R, Montross).”

Peterson responded: “The unlawful detention of United States citizens is wrong, and here in the Commonwealth we will never assist in the detention of others, no matter the state of war that we may be in, or no matter the emergency.  The rule of law must persist in our nation, regardless of circumstances, or we shall fail in our commitment to justice.”

Marshall said the Senate-amended bill “makes it crystal clear that no one in the Virginia government ‘shall aid an agency of the United States in the unlawful detention of any United States citizen’ under the National Defense Authorization Act.

“Truly, such detentions would be unlawful just as the bill states,” Marshall said.

“I particularly want to thank the Japanese American Citizens League, which sent a letter to each senator telling them the story of the terrible detention of over 110,000 Japanese Americans during World War II as ‘suspected enemy aliens.’  The letter concludes: “Virginia has the opportunity to stand up to an unjust application of Congressional authority.  The American people need somebody to stand up against this injustice.  HB 1160 is a tool that does just that; it stands up for the American people by respecting the basic principles of the Constitution.”  I am proud to stand with these patriotic Americans.”

The Senate’s clarifying amendment reads: “Notwithstanding any contrary provision of law, no agency or political subdivision of the Commonwealth, or employee of same acting in his official capacity, shall aid an agency of the United States in the unlawful detention of any United States citizen pursuant to 50 U.S.C. §1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-81, § 1021).”

A House vote is expected tomorrow or Thursday.

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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 – bob@delegatebob.com

www.youtube.com/user/delegatebobmarshall

www.twitter.com/RobertGMarshall

www.facebook.com/delegatebob

“Our liberties literally hang in the balance,” Marshall (R., Manassas) said.

Earlier today, a move by Senate Democrats to send the bill back to that body’s Courts of Justice Committee was rejected by a tie roll call vote, 20-20, after which Lt. Gov. Bill Bolling, as the Senate’s presiding officer, also cast a “nay” vote.

The bill, HB 1160, is scheduled for a vote during the Senate’s session tomorrow (Feb. 28). The Courts of Justice Committee sent the bill to the Senate floor on Wednesday (Feb. 22) by an 8-3 vote with three members abstaining. The legislation was passed by the Virginia House of Delegates on Feb. 4 by an overwhelming 94-4 roll call vote.

The Legislative Information Service describes HB 1160 as: “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 anyVirginia law or regulation.”

At issue is an obscure Section 1021 of the 2012 National Defense Authorization Act ostensibly authorizing a United States president to use the nation’s armed forces to detain American citizens that the president believes are or have been substantial supporters of al Qaeda, the Taliban or associated groups and to hold them indefinitely, to prosecute them before a military commission, or to transfer them to a foreign country.

President Obama signed the bill into law on Dec. 31. Since then, organizations and individuals from across the political spectrum and from coast to coast have raised concerns about the law.

In that regard, Marshall noted that support of his HB 1160 is broadly diverse, ranging from Gun Owners of America and to the American Civil Liberties Union.

“There are moments in our nation’s history when our liberties literally hang in the balance,” Marshall said. “This is one of those moments. I urge the Senate to join the overwhelming vote in the House of Delegates and pass this bill – to lead the way for sovereign states to refuse to cooperate when the federal government seeks to take away the civil liberties of our citizens.”

NOTE: The full text of Marshall’s HB 1160, as well as its complete legislative history to date, can be found at http://leg1.state.va.us/cgi-bin/legp504.exe?ses=121&typ=bil&val=hb1160.
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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