What is the NDAA

On December 31st, 2011, President Obama signed the 2012 NDAA (National Defense Authorization Act).

Under Sections 1021 and 1022 of the NDAA, the military is authorized to ignore and violate the Constitution.

The NDAA allows American citizens to be:

  • Arrested without any “probable cause” to believe that the citizen has committed any crime
  • Seized without their family or anyone else being notified
  • Detained indefinitely
  • Denied access to any attorney or an appeals process
  • Convicted in a secret military tribunal
  • Deported outside the country for detention (i.e., Guantanamo Bay)
  • Torture or executed by drones or other means


But I’m Not a Terrorist!

The NDAA applies to anyone who commits “a belligerent act” against the U.S. or its allies or “supports” any person or group who does so. Government lawyers refuse to define what a “belligerent act” is or what constitutes “support”.

Federal Judge Katherine Forrest found the NDAA unconstitutional

“The government was unable to define precisely what direct or substantial support means. Thus, an individual could run the risk of substantially supporting or directly supporting an associated force without even being aware that he or she was doing so.”



The 2012 NDAA vs. The Bill of Rights

2012 NDAA Section 1021, Subsection (C)


Violates: The entire Bill of Rights in the Constitution. Our Bill of Rights was written to protect U.S. citizens from tyrannies like the law of war, which the British had indefinitely imposed on American colonists.

Specifically Violates: 1st Amendment right to free speech. A federal judge noted the “chilling impact” on speech that comes with the threatened loss of constitutional rights.

NDAA §1021(C)(1) – Detention under the law of war without trial until the end of the hostilities (i.e., until the end of the War on Terror).

Violates: 5th Amendment – “No person shall be deprived of …life, liberty, or property, without due process of law” (the right to a trial)

Violates: 6th Amendment – “the right to a speedy and public trial”

NDAA §1021(C)(2) – Trial under the Code of Military Justice (i.e., as an enemy soldier)

Violates: 6th Amendment – right to know the charges against you, right to an attorney, right to be charged with a crime, right to confront witnesses against you, right to have witnesses in your defense


NDAA § 1021(C)(3) – Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction (i.e., military tribunal)

NDAA § 1021(C)(4) – Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity (i.e., Guantanamo Bay)

Violates: 6th Amendment – the right to a “public trial by an impartial jury of the State and district wherein the crime shall have been committed”