We face danger and opportunity. If we act immediately we can impact a
huge court case involving the National Defense Authorization Act of
2011 (NDAA). A Pulitzer Prize winning journalist is challenging bad
provisions of the NDAA in court, and he needs our immediate help. Our
attorneys are prepared to act. Are you?
We've written about NDAA many times, explaining how it . . .
 allows the President to kidnap YOU
<http://tenthamendmentcenter.com/2012/01/04/ndaa-open-season-for-the-police-state/ >
 creates a NEW power for military arrests
<http://www.downsizedc.org/blog/congressional-lies-about-ndaa-kidnapping-law-part-2 >
In fact, it makes the whole world, including your street, a
battlefield. The President can even single you out to live under
martial law.
<http://www.downsizedc.org/blog/congressional-lies-about-ndaa-kidnapping-law-part-2 >
We've also shown how Congress is lying about this bill. That's why the
Downsize DC Foundation and DownsizeDC.org, Inc. have commissioned a
legal memo to refute Congress's lies.
<http://www.downsizedc.org/blog/can-our-lawyers-refute-ndaa-lies >

We and our attorneys have also worked with Delegate Bob Marshall of
Virginia to pass a bill prohibiting Virginia officals from cooperating
with these kidnapping provisions.
All of this has prepared our attorneys to file an Amicus brief in a
very important case. But things have moved more quickly than
anticipated. THE BRIEF IS DUE THIS FRIDAY.
Much of their research is already done, so this tight deadline is
possible.
The lead plaintiff is Pulitzer Prize winning reporter Chris Hedges.
Hedges is a special plaintiff. He's arguing that this law is uniquely
designed to kidnap and silence reporters like him. After all, he's
embedded himself in hot zones around the world.
He's met with enemies of the Federal State.
He's interviewed people on the Most Wanted lists
of various federal agencies. Under the law, one could suggest he has
"coordinated" with these enemies of The State.

The bill's incredibly vague description of "covered persons" convinces
him (and us) that reporters COULD be arrested by the military, right
here at home. They COULD be denied due process. They COULD be subject
to a military tribunal, instead of an Article III court. It's even possible that
reporters could be "disappeared," and never heard from again.

Because no actual harm has yet come to Hedges, he lacks "standing."
The Federal State moved to dismiss the case. The dismissal should've
been almost automatic. But the Judge asked a simple question . . .

"Are you telling me that no US citizen can be detained under 1021?"
<http://naomiwolf.org/2012/03/ndaa-hearing-notes/ >
After all, the liars in Congress have repeatedly told us Americans are
exempt. But guess what? The U.S. Government did NOT directly respond
to the Judge's question. They basically ignored it.

The silence was deafening. Could they not, easily, refute Hedge's
claim? The Fed's muteness appears to have persuaded the Judge that
this case should be briefed, by both sides. She wants to entertain
arguments from both sides on whether or not this law is eligible for a
facial challenge.
This is a rare event. It means we have an opportunity.
 1) The plaintiffs invited us to submit an amicus brief.
 2) Our brief is likely to be the ONLY amicus brief filed at this
early stage of the case.

Thanks to the almost complete legal memo you funded (all of you members,
who chose to do so) and the work done on behalf of Bob Marshall, our lawyers
are well-prepared to quickly assemble the brief. In fact . . .
 I've seen the background material on the five arguments we want to
make.
 One of our attorneys, Bill Olson, just told me we have something
unique to offer -- stuff that won't be heard unless we submit it.
And, remember, time is of the essence because the brief is due Friday!
To get this brief completed, we'll have partners. But we all need to do
our part.

Briefs cost money and we also need to continue to meet our ongoing
obligations. Therefore . . .
 It's a MUST that we have donors who will invest amounts like $500,
$1,000, and $2,000 or more. In fact, if we don't have at least ONE
person willing to contribute $1,000, I can almost guarantee we will
NOT be able to get this project done.
<https://secure.downsizedcfoundation.org/contribute/ > 
 It's also a MUST that we have a bunch of donors -- at least 60, of
various other amounts.
<https://secure.downsizedcfoundation.org/contribute/ >

Now, I took a risk! The work on this brief began as soon as I got off
the phone. I knew I could count on at least one person reading this to
make a four-figure contribution. I also had confidence that 60 people
reading this would care enough to make sure this brief became reality.

And it helps that donations to the Downsize DC FOUNDATION are
TAX-DEDUCTIBLE.
On our secure contribution form you'll see that we accept . . .
<https://secure.downsizedcfoundation.org/contribute/ >
 Visa
 MasterCard
Discover
American Express
 And there's even a form for mailing a check

If you choose this last option, please hit Reply to this message. Let
us know what amount you're dropping in the mail, so we can include you
in the count before Friday.
Downsize DC Foundation also accepts stocks and appreciated securities
-- a great way to save on capital gains tax. Hit Reply, and give us
your phone number, if you'd like to give in this way.

Everyone who contributes to assist with this project, by Saturday,
will get the completed amicus brief delivered into their email inbox,
so long as we have an email address to which we can send the link.

This is important. We don't want this case dismissed before it starts.
We don't want to fail because our arguments were missing in action, do
we?

Please, invest generously, right now.
<https://secure.downsizedcfoundation.org/contribute/ >

Jim Babka

President

Downsize DC Foundation

(Feel free to forward or reprint, as long as attribution and action links
are retained/included.)

SUBMITTED BY: Rev. Jerry L. Robertson

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