Virginia House Votes 96-4 to Take Second Step Against NDAA Indefinite DetentionMichael Boldin In 2013, Virginia was the first state to pass legislation in response to the indefinite detention powers purportedly authorized in the National Defense Authorization Act (NDAA) of 2012, still active today. That law was a first step, limited in scope, forbidding state agencies, in some situations, from cooperating with some federal attempts to exercise the indefinite detention provisions written into sections 1021 and 1022 of the National Defense Authorization Act. For 2015, House Bill 2144 (HB2144), sponsored by Del. Benjamin L. Cline (R-Rockbridge), takes things two steps beyond simply refusing to cooperate with federal agents in the event of indefinite detention in Virginia. It sets the stage to create the type of leverage and attention D.C. would not want public if it refuses to cooperate with the state of Virginia. One: Two: A series of events is triggered upon failure to comply during such detainment of any person in the state of Virginia by the DoD. The state of Virginia will gather and publish Memoranda of Understanding (MOUs). These are essentially partnerships with state funds attached to them. These agreements are not necessarily legally binding, but usually offer some privacy between state, private enterprises (contractors), and federal agencies. Much of this kind of information usually remains hidden from the general public. This provision in and of itself provides a great service to the people of Virginia, allowing them to see exactly what type of agreements exist between the state and various federal agencies. The legislation then adds a final provision that would go into effect if the federal government detains somebody under Section 1021 and 1022 of NDAA 2012 and fails to follow sections one and two. This is a brilliant approach, Tenth Amendment Center national communications director Mike Maharrey said. First, it shines some sunlight on whats going on between the state and federal government. That provision alone is a win for Virginians. Then it creates significant consequences for the feds if they kidnap somebody on Virginia soil. It would allow the state to deny important resources to complete partnerships with the federal government if its agents snatch up somebody in the night and hold them without due process. I love seeing this kind of boldness and creativity from state legislators. Virginia is one of Washington DCs (specifically the DoDs) prime real estate providers. It serves as home to many government, private security, and intelligence contractors, particularly in the Northern Virginia area. HB2144 demands the feds comply or creates a climate where the state can end those contracts of cooperation that the DoD relies on through either the legislature or the governor. There is no one single bill that can stop these federal detention powers, said Maharrey. But this strategy of chipping away at them with multiple bills is something theyve been doing to us for decades. Kudos to Delegate Cline for taking this action and setting the stage for a third step in Virginia should it pass. HB2144 now moves to the state Senate, where it will first be assigned to a committee for consideration before the Senate has an opportunity to send it to the Governors desk. ACTION ITEMS Michael Boldin is the founder of the Tenth Amendment Center where this article first appeared. 