Northampton City Council to take up civil liberties measure

NORTHAMPTON — The City Council Thursday is expected to consider a resolution stating objections to certain provisions within the recently-approved National Defense Authorization Act, which many believe violates part of the U.S. Constitution.

The NDAA is approved every year to monitor the budget for the Department of Defense, but this year's version, signed by President Obama on New Year's Eve, includes many new provisions, including one that would allow for indefinite detention without trial of any person, including U.S. citizens.

The resolution is part of a Preserving Our Civil Rights campaign and is being sponsored by the city's Human Rights Commission.

The meeting begins at 7 p.m. with a public comment session in the Council Chambers at the Puchalski Municipal Building, followed by the regular session.

The NDAA, the resolution states, corrodes the ideals of presumed innocence and right to a fair trial. It also could allow the recurrence of torture in military detention in violation of the Eighth Amendment, and could force U.S. military service members to serve as domestic jailers.

Activists, journalists and other Americans exercising their First Amendment rights could also be targeted for detention, the resolution says.

The FBI director, the defense secretary and director of national intelligence, the Department of Defense, and many of the nation's generals, admirals and servicemen and -women have opposed the NDAA's detention provisions.

The resolution, if approved by the council, would be sent to the city's congressional representatives and senators with the request that they monitor the implementation of the act and actively work to repeal its detention provisions.

The resolution would also be sent to the president and many congressional committees.

If approved, the resolution would continue the council's tradition of sending strong messages in support of civil rights. A decade ago the council spoke out against the Patriot Act, which was approved in the wake of the Sept. 11, 2001, terrorist attacks.

Last summer the council approved a resolution that condemns a controversial federal immigration law enforcement program known as Secure Communities.

That resolution calls for city employees and police to shun participation in the program run by the U.S. Immigration and Customs Enforcement agency, which uses fingerprints that local police share with the FBI to cross-reference immigrants against its databases.

The resolution also asks all city employees to avoid participation in other federal immigration laws that call into question fundamental rights under the state and U.S. constitutions.

Chad Cain can be reached at ccain@gazettenet.com.

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