Resolution to Preserve Habeas Corpus
and Civil Liberties

WHEREAS, pursuant to C.R.S. §§ 30-10-101(1), 30-11-103, and 30-11-107, the Board of County Commissioners of El Paso County, Colorado (“County” or “Board”), has the legislative authority to manage the concerns of the County and to exercise such other and further powers as are conferred by law; and

WHEREAS, the Board of County Commissioners of El Paso County, Colorado, opposes any and all rules, laws, regulations, bill language or executive orders, which amount to an overreach of the federal government and which effectively take away civil liberties; and

WHEREAS, in accordance with the Colorado State Constitution, Article 12, Section 8, all elected officials are mandated to “take and subscribe an oath or affirmation to support the Constitution of the United States and of the State of Colorado, and to faithfully perform the duties of the office upon which he shall be about to enter;” and the El Paso County Commissioners subscribe to uphold this oath of office by the adoption of this Resolution, and

WHEREAS, one of our most fundamental rights as American citizens is to be free from unreasonable detention without due process of law, a right afforded to us by our Founding Fathers and guaranteed to us by over two centuries of sacrifice by our men and women in the Armed Forces whom we daily recognize and honor; and

WHEREAS, Sections 1031 and 1032 (or any other wording as the bill is modified) of the 2011 United States Senate National Defense Authorization Act, Bill Number SB1867, as proposed, provide that in limited circumstances, an American citizen may be detained by our own United States government and by our Armed Forces, which detention could last, without trial until the end of the hostilities currently authorized by the Authorization for Use of Military Force; and

WHEREAS, Sections 1031 and 1032 (or any other wording as the bill is modified)of the National Defense Authorization Bill, SB 1867, jeopardize the fundamental rights of American citizens to remain free from detention without due process and the right to habeas corpus in direct contravention of the guarantees of the Bill of Rights and the United States and Colorado Constitutions; and

WHEREAS, it is indisputable that the threat of homeland and international terrorism is both real and viable, and that the full force of appropriate and constitutional law must be used to defeat this threat so that terror never wins; however, winning the war against terror cannot come at the great expense of mitigating basic, fundamental, constitutional rights using rules, laws, regulations, bill language or executive orders; and

WHEREAS, the Board of County Commissioners of El Paso County, Colorado, wholeheartedly supports the United States military and dutifully recognizes the importance the National Defense Authorization Act, SB1867, as an appropriations bill and as a bill necessary to support the efforts of our military to both serve and protect the people of this great Nation with the exclusion of sections 1021 and 1032; and

WHEREAS, undermining our own Constitutional rights serves only to concede to the terrorists’ demands of changing the fabric of what made the United States of America a country of freedom, liberty and opportunity; and

WHEREAS, the Board of County Commissioners of El Paso County, Colorado, opposes any and all rules, laws, regulations , bill language or executive orders, which amount to an overreach of the federal government and which effectively take away civil liberties; and

WHEREAS, the El Paso County Sheriff’s Office is in agreement with this resolution and the goals and purposes herein stated and agrees to undertake all appropriate efforts to protect the constitutional rights of all citizens; and

BE IT RESOLVED, the Board of County Commissioners of El Paso County, Colorado, is in opposition to Sections 1031 and 1032

of the United States Senate National Defense Authorization Act, and does hereby support the Colorado

Constitution and the Constitution of the United States of America and all the freedoms and guarantees as guaranteed by our Founding Fathers and as provided by the brave efforts of the members of our Armed Forces

DONE THIS ___ day of December, 2011, at Colorado Springs, Colorado.

THE BOARD OF COUNTY COMMISSIONERS

OF EL PASO COUNTY, COLORADO

_____________________________________

Amy Lathen, Chair

_____________________________________

Sallie Clark, Vice Chair

_____________________________________

Dennis Hisey, Member

_____________________________________

Darryl Glenn, Member

_____________________________________

Peggy Littleton, Member

ATTEST:

_______________________________

Wayne W. Williams, County Clerk and Recorder

Originally posted by Breacher:
Modern high security prisons are engineered to some degree to repel a determined assault. A lot of (if not most) regular county jails are extremely high security compared to regular prisons, but personnel issues are what make the difference between one engineered to repel an assault or not. Most can simply "lock down" and wait for the cavalry to arrive and if the assaulting force does not have the means to breach multiple steel and concrete doors quickly, they are not getting in.

Originally posted by Greywolf:
I'm am sure the the powers in Washington have not been too worried about us. By that they think we have too much to lose to stand.
Well Mr. Washington man. We have been losing things for years and we have been patient, tried to see the good leaders and refrain from battle. because down deep we really love the people of this land and the freedoms we once had.
But you took and took and then took some more. we warned and warned. then yelled stop. But Sir you refused, you got a taste of power and began to believe we would not fight.
You were right for a while many had a lot to lose, homes, careers and family. but you took those too. Now what left for you to take?
Maybe others have something left to lose, but sir I don't you took my freedom once, you took my career once, you took all that I was willing to sacrifice without a fight.
Then one day in December my son was taken, my conscience, my friend, my reason for caution. Now try to take anything else. all have have left is fight come get some Mr. Washington man.
There are many men right now one loss away from my position sir......warning.... You drew first blood....

Oklahoma House of Representatives

Media Division

February 3, 2012


FOR IMMEDIATE RELEASE:

Contact: State Rep. Charles Key

Capitol: (405) 557-7354


Rep. Key Files Resolution Calling for Repeal of National Defense Authorization Act


OKLAHOMA CITY - A resolution filed by state Rep. Charles Key would petition Congress and President Barack Obama to repeal sections of the National Defense Authorization Act that are in conflict with the U.S. Constitution.

"President Barack Obama has said he would not hold citizens indefinitely, it is deplorable that he would sign into law legislation that contains clauses that would authorize him to do just that," said Key (R-Oklahoma City). "Oklahomans have taken notice of this repugnant new law and as state lawmakers it is our duty to apply pressure to Congress and the president to undo this debacle."

House Concurrent Resolution 1025 calls on Congress and President Barack Obama to repeal Sections 1021 and 1022 of the NDAA law.

Key said Sections 1021 and 1022 directly conflict with our constitutional right to a trial by jury and due process.

"It is so clear that this law is unconstitutional and it would be laughable if it were not so serious an issue that President Obama would talk about how his lawyers are ensuring that it would not be misused," said Key. "Americans all over this country are shaking their heads in disbelief."