Brazil in Cayman
This has been a very strange thing for me. It has taken me awhile to process.
A word about the photo:
This photo was taken at the Immigration office in Grand Cayman. Note the pictures of the King and Queen of England. Also note all the glass booths. There is a computer terminal which you sign in with that places you into one of about a dozen possible queues. You take a seat and a monitor overhead shows how long your wait time is. Mine was 45 minutes to get an extension to my visit. All the other queues happened to be about 2 minutes strangely enough.
The place gave me the creeps. People behind the glass moved slower than Cayman Turtles and could care less how efficient things were done. The people all sat in the nice air conditioned room waiting their turn - their liberty suspended - as they were "processed".
Cayman bureaucracy is worse than your DMV in the states. It blows me away how bloated the government is there despite the fact that the country only has a population of about 60,000.
The Facts:
I was invited to come work for a company in the Cayman Islands as CTO for a start up company. The idea was that I would work for a month and then consider if I wanted to make a longer commitment.
I arrived in Nassau, Bahamas to work on a off-shore project while the central office got me a temporary work permit. But lines got crossed and my paperwork didn't get to the central Cayman office for a week. It became impossible to get a work permit in time. After two weeks I was flown to Grand Cayman to start work on what I came there for.
It was a little disconcerting to be working when it was illegal but I was assured there would be no problems.
About 2 weeks in the shop I was working at was raided by the immigration authorities. They walked in like they owned the place and one officer came up behind me as I was composing some email and asked me "are you working here?" and I foolishly responded "yes" before even seeing who it was. As soon as I saw that it was an immigration officer I added "but I haven't been paid".
Now it turns out that in Grand Cayman, "working" is a vague term apparently. If it "appears" you are working, then you are working. If you are seeking employment - then you are working. If you are volunteering to help someone accomplish something - even for free - you are "working".
The Cayman Islands don't have income or property taxes. They make their income from import and export duties and ... you guessed it: work permits.
Work permits in the Caymans can cost an employer thousands of dollars and much bureaucratic hassle. Prospective employees must be off-shore while their work permits are being processed. Work permits are for a limited time for a specific postion with a specific employer.
So far this seems pretty reasonable to me. A country should have the right to protect its own people from loosing job opportunities to foreigners. A simple work permit, if done reasonably and quickly seems like a pretty fair tax to me.
The Bust
When the authorities raided the business I was working for, they pulled aside 6 of us and took our IDs and passports. Eventually we were cuffed and taken in a van to the Enforcement office of Immigration. The silly thing here is that none of us showed the slightest resting of arrest - we were very cooperative - yet cuffing as "policy" we were told and was simply "required". We were placed in cells, 3 guys to each cell, and awaited "processing". I have pictures of me in cuffs but at this time I cannot access them. I will try to add them when I get a hold of them.
The Process
Being "processed" means you are under "suspicion" of a crime and must be photographed, fingerprinted, and a "statement" taken. "Book'em Danno!"
The 6 of us were processed by at least 4 officers in only 9 hours!!! That's right. I would think it was a record for inefficiency.
I was the last one to be done and I offered to type up my own statement - as the officer was a pretty bad typist. We had a meal while there as the bust was on a Friday afternoon and by now it was 9 PM. I got out of there around midnight.
My boss came in to help get us out of jail. I was advised not to request a lawyer to be present by my boss - mainly because at that time on a Friday, it's pretty much impossible to get a lawyer and there isn't much a lawyer can do for you either.
The "statement" you must provide is their way of gathering evidence against you - just like their question asked of me while my back was turned. We were marandized AFTER the fact which I think should make my admission of "working" inadmissible.
Anyway, none of us could leave till we signed a bail agreement subjecting us to a hefty fine and/or significant jail time if we didn't show up the next week at the Immigration office for further "processing".
My boss got out of there around 2AM.
The Story
You see, the officers explained to us that they were assembling a very large "file" on us and when it was done, their supervisor would be consulted to determine if there was sufficient evidence to push for prosecution.
This sounds quite reasonable till you find out what happens next.
The Hook
The jail time was fun at first but after about 2 hours the fun was gone and it was just getting ridiculous. We came back as instructed the next week for further processing. We had to be there by 10 AM and could not leave till dismissed. We waited 2 hours before anyone would see us. After more time they said they just weren't ready to finish us up so we had to sign another bail agreement to come back again the next week. Note that their bail forms have about 6 spaces for re-setting the appearance time to a later time. Each time we had to come back, a different officer would be on the form so every time we had to go over everything again - as if nothing had been processed before.
One of us had just left another job in the Cayman Islands in order to start a new job at our business. He had scheduled a flight off the island for a few weeks so his temporary work permit could be processed. But they held him till AFTER his flight, forcing him to expend significant money to reschedule to a later time. It was difficult for him to reschedule because there was no indication of when Immigration might be through with him. So here is a guy that is in trouble because he was there, yet processing him for this violation causes him to be unable to leave. Ironic no?
The room you wait in is interesting. On the wall is this big picture that says people that even talk offensive will be jailed. Then there are the articles on the wall telling about business men that were fined like $40,000 because their employee skipped bail. Also interestingly enough is a summary of the immigration laws. Did you know that if you happen to work for the government - the whole work permit hassle is waved? That could be a handy thing to know someday.
The next week we came back and had a very similar experience. We waited 2 hours before anyone would see us, screwed around with the officer, and were eventually re bailed. I explained that I had a flight out the day before the next appointment and they had to see me sooner. The officer said that I should come in at 8:30 the day of my flight and he would come in early and help me get finished in time to make my flight. He gave me his home phone number and email so I could email him my itinerary.
I was there on time. The office didn't even open till 9AM and I waited till 1PM before being able to talk to anyone. The officer who promised to see me early "took the day off"! Another officer spoke with my boss and we did everything we could to get them to hurry up - but I missed my flight.
It was interesting that an hour after my flight left, the officer came to an agreement with my boss to pay a fine and I was free to go. I left the next day on a later flight costing about $1000. My boss I believe had to pay about $4000 to get us out of that situation.
Coincidence?
Incidentally, shortly before my flight was to leave and as I was waiting in the office for processing, my friend said he had overheard the officers talking about "training" us.
Also, as I was being processed the first night in the cell, I noticed a white board in the office showing a table of years and fines and officer names - it was like a poll showing who got the biggest fines for each year.
The Legal Rub
What we have here, looking back on it, is a classic case of using the privilege of "detention" to extract evidence, confessions, and money from the "suspect" without the need of any hearing, trial, council, magistrate or jury. Mind you, compared to other countries such as Mexico or Russia, I think we were handled pretty nicely. I merely had to come home a day late and waste about 20 hours of my time and I was lucky to have a boss that cared and got me out of there quickly.
But the scary thing is - I could have been there indefinitely. I remember my boss consulting with our lawyer about what to do, as they wanted him to basically sign a confession of guilt in order to pay the fine and get me out in time to catch my flight. The lawyer said that it could take 6 months to a year to fight the charges and it would cost a fortune to do battle. She advised that it definitely was worth admitting guilt and getting things over with.
So what we have here is a complete and effective bypass of due process using detention to wear down and pressure the suspects into forfeiting their rights. The delays are just increased until the suspect (or should I say victim?) is begging to give them a confession and whatever fine is required - so they can go on with life. The whole process is done in a nice civil fashion and unless you know your rights you would think things were just "normal due-process". But actually, if you think about it, such "processing" is a minor "act of war" against your person and due-process is NOT what you are getting.
There is a reason the US Constitution guarantees a "speedy" trial and a trial by jury for cases involving more than $20 in value.
The fact is, because I and my boss were forced into confessing things we didn't want to confess or that weren't even true at all, the Cayman Immigration officials had all they needed to keep us for a very long time if they wanted to. I could still be there to this day and much longer. I could have even been beaten or starved or whatever they wanted to do to me - because without due process - there really is no law at all.
The Patriot Act authorizes indefinite detention for anyone suspected of "terrorism". That means that ANY AMERICAN at ANY TIME and really for ANY REASON can be taken, locked up, tortured, whatever, with no due process. That means, at least on paper, the law is no more. There is no protection for any American from the government. Public opinion has not yet been swayed enough to accept this in the open, but I am sure it's happening even now in secret. Somewhere in America there is a poor suspect sitting in detention wondering if they will ever see freedom again. There need be no real evidence. There is no facing your accuser. There is no peer review or common sense applied. Your viewpoint, circumstances or even legal arguments have no bearing whatsoever.
It is interesting that Cayman Law is clearly based on Common Law but bureaucracy has twisted the whole thing into a mind numbing "process" that removes all lawful due-process from the affair.
This experience has really given me a lot to think about. It's not so much what did happen - it's what could have happened.
Consider this and vote appropriately.
P.S. This just in from C4L...things are getting serious. If you've never been detained for 9 hours, consider... forever!
Dear Sanford,
Today, Congress had a chance to fix a mess of their own making - and they blew it.
Instead of prohibiting indefinite detention of persons arrested on U.S. soil who have been merely accused of“substantially supporting” al Qaeda, the Taliban, or “associated forces,” Congress actually made things worse.
In a moment, I’ll ask that you contact Congress.
But first, allow me to briefly explain what happened.
As you should be aware, last year, Senator Carl Levin authored a provision, Section 1021 and 1022, into the FY 2012 National Defense Authorization Act that allows the President to indefinitely detain American citizens and foreigners who are arrested on U.S. soil on the mere accusation of supporting terrorism.
In a signing statement, the President assured Americans that he wouldn’t use this power.
With all due respect to the President, his word is not much to go on and certainly not enough to relieve my concerns.
That brings us to today.
Early this morning, Congress voted on the Smith(WA)/Amash/Berman/Garamendi/Duncan(TN)/Johnson(GA)/Gosar/Hirono/Paul/Jackson Lee/Tipton/Labrador Amendment that would have prevented indefinite detention of persons detained on U.S. soil.
This was the only amendment that would have substantively addressed the problem by definitively stating the President does not have the authority to indefinitely detain persons arrested on U.S. soil in military custody.
Unfortunately, it failed by a vote of 182-238.
There are several reasons for this.
For one, Congress was offered a smokescreen amendment that was voted on immediately after the Smith/Amash amendment was rejected.
This amendment, offered by Rep. Louie Gohmert (TX-1), was even worse than doing nothing, and it will likely exacerbate the problems and ambiguity regarding the detention of “suspected terrorists.”
The first part simply reiterates that Americans have Habeas Corpus rights.
Except no one is arguing otherwise.
In fact, the Constitution clearly states that the “Writ of Habeas Corpus shall not be suspended” unless by an act of Congress. Since Congress has not explicitly passed an act stating it is suspended, all persons in the United States have that right.
Where it has potential to make the problem worse is two-fold, as Steven Vladeck blogged at Lawfare:
“First, it introduces uncertainty regarding whether individuals arrested within the United States but out of immigration status are entitled to pursue habeas relief (never mind the countless immigration cases where such relief has historically been available—and the compelling constitutional arguments supporting that jurisprudence). Second, the 30-day provision would arguably allow the government to preclude a detainee’s access to court (or counsel) for 30 days, whereas under current law, the detainee may file the moment he is ‘in custody under or by color of the authority of the United States.’”
So, in addition to rejecting an amendment that quite clearly would protect due process and the rule of law, Congress actually managed to make the situation much worse by passing the Gohmert amendment by a vote of 243-173.
Another reason for the Smith/Amash amendment failing is the outrageous and hyperbolic accusations lobbed at it from Wall Street Journal op-ed pages and even by alleged “Tea Party” members of Congress.
One such attack came from Rep. Tom Rooney (FL-16). Rooney issued a press release Thursday claiming the Smith/Amash amendment “coddled foreign enemy combatants” and would provide incentive for attacks on U.S. soil.
Excuse me, but since when did suicide terrorists suddenly begin to contemplate whether they’ll end up in a military tribunal or Article III court before carrying out their dastardly deeds?
In reality, if a terrorist were able to carry out an attack on U.S. soil, the government should look inward – at the failure of the intelligence community and their own national security state in this post-9/11 world.
Nevertheless, these are the sorts of absurd, illogical statements that were used to convince your member of Congress to vote against the only amendment that would have prevented the government from indefinitely detaining you.
By failing to adopt the Smith/Amash amendment, the government still has the authority to indefinitely detain anyone the government accuses of “supporting terrorism.”
And remember, not too long ago, it was C4L members who were listed in a Missouri Fusion Center report, later referred to as the MIAC report, as domestic extremists to be watched.
And it wasn’t just C4L members on that list, but people displaying third party logos and bumper stickers and supporters of specific politicians.
In the past, everyone from gun owners, to pro-lifers, to tea partiers, were labeled “terrorists” by their political opponents.
This is why it’s of the utmost importance that the indefinite detention of persons by the military be prohibited.
Perhaps this President won’t use such authority, but what about the next? And the one after that?
Today, Congress had a chance to fix a mess of their own making - and they blew it.
Instead of prohibiting indefinite detention of persons arrested on U.S. soil who have been merely accused of“substantially supporting” al Qaeda, the Taliban, or “associated forces,” Congress actually made things worse.
In a moment, I’ll ask that you contact Congress.
But first, allow me to briefly explain what happened.
As you should be aware, last year, Senator Carl Levin authored a provision, Section 1021 and 1022, into the FY 2012 National Defense Authorization Act that allows the President to indefinitely detain American citizens and foreigners who are arrested on U.S. soil on the mere accusation of supporting terrorism.
In a signing statement, the President assured Americans that he wouldn’t use this power.
With all due respect to the President, his word is not much to go on and certainly not enough to relieve my concerns.
That brings us to today.
Early this morning, Congress voted on the Smith(WA)/Amash/Berman/Garamendi/Duncan(TN)/Johnson(GA)/Gosar/Hirono/Paul/Jackson Lee/Tipton/Labrador Amendment that would have prevented indefinite detention of persons detained on U.S. soil.
This was the only amendment that would have substantively addressed the problem by definitively stating the President does not have the authority to indefinitely detain persons arrested on U.S. soil in military custody.
Unfortunately, it failed by a vote of 182-238.
There are several reasons for this.
For one, Congress was offered a smokescreen amendment that was voted on immediately after the Smith/Amash amendment was rejected.
This amendment, offered by Rep. Louie Gohmert (TX-1), was even worse than doing nothing, and it will likely exacerbate the problems and ambiguity regarding the detention of “suspected terrorists.”
The first part simply reiterates that Americans have Habeas Corpus rights.
Except no one is arguing otherwise.
In fact, the Constitution clearly states that the “Writ of Habeas Corpus shall not be suspended” unless by an act of Congress. Since Congress has not explicitly passed an act stating it is suspended, all persons in the United States have that right.
Where it has potential to make the problem worse is two-fold, as Steven Vladeck blogged at Lawfare:
“First, it introduces uncertainty regarding whether individuals arrested within the United States but out of immigration status are entitled to pursue habeas relief (never mind the countless immigration cases where such relief has historically been available—and the compelling constitutional arguments supporting that jurisprudence). Second, the 30-day provision would arguably allow the government to preclude a detainee’s access to court (or counsel) for 30 days, whereas under current law, the detainee may file the moment he is ‘in custody under or by color of the authority of the United States.’”
So, in addition to rejecting an amendment that quite clearly would protect due process and the rule of law, Congress actually managed to make the situation much worse by passing the Gohmert amendment by a vote of 243-173.
Another reason for the Smith/Amash amendment failing is the outrageous and hyperbolic accusations lobbed at it from Wall Street Journal op-ed pages and even by alleged “Tea Party” members of Congress.
One such attack came from Rep. Tom Rooney (FL-16). Rooney issued a press release Thursday claiming the Smith/Amash amendment “coddled foreign enemy combatants” and would provide incentive for attacks on U.S. soil.
Excuse me, but since when did suicide terrorists suddenly begin to contemplate whether they’ll end up in a military tribunal or Article III court before carrying out their dastardly deeds?
In reality, if a terrorist were able to carry out an attack on U.S. soil, the government should look inward – at the failure of the intelligence community and their own national security state in this post-9/11 world.
Nevertheless, these are the sorts of absurd, illogical statements that were used to convince your member of Congress to vote against the only amendment that would have prevented the government from indefinitely detaining you.
By failing to adopt the Smith/Amash amendment, the government still has the authority to indefinitely detain anyone the government accuses of “supporting terrorism.”
And remember, not too long ago, it was C4L members who were listed in a Missouri Fusion Center report, later referred to as the MIAC report, as domestic extremists to be watched.
And it wasn’t just C4L members on that list, but people displaying third party logos and bumper stickers and supporters of specific politicians.
In the past, everyone from gun owners, to pro-lifers, to tea partiers, were labeled “terrorists” by their political opponents.
This is why it’s of the utmost importance that the indefinite detention of persons by the military be prohibited.
Perhaps this President won’t use such authority, but what about the next? And the one after that?
R 112 2nd U.S. House of Representatives 270 H R 4310 On Agreeing to the Amendment 29 Smith of Washington Amendment No. 46
RECORDED VOTE Failed 18-May-2012 9:45 AM
Party Ayes Noes Answered"Present” Not Voting
Republican 19 219 0 3
Democratic 163 19 0 8
Independent 0 0 0 0
Totals 182 238 0 11
Against Detention For Detention Not Active
Ackerman Aye Adams No Amodei NotVoting
Altmire Aye Aderholt No Cardoza NotVoting
Amash Aye Akin No Clay NotVoting
Andrews Aye Alexander No Costello NotVoting
Baca Aye Austria No Filner NotVoting
Baldwin Aye Bachmann No Gosar NotVoting
Bartlett Aye Bachus No Pascrell NotVoting
Bass(CA) Aye Barletta No Rogers(AL) NotVoting
Becerra Aye Barrow No Sanchez,Loretta NotVoting
Berkley Aye Barton(TX) No Slaughter NotVoting
Berman Aye Bass(NH) No Speier NotVoting
Bishop(NY) Aye Benishek No
Bishop(UT) Aye Berg No
Blumenauer Aye Biggert No
Bonamici Aye Bilbray No
Boswell Aye Bilirakis No
Brady(PA) Aye Bishop(GA) No
Braley(IA) Aye Black No
Broun(GA) Aye Blackburn No
Brown(FL) Aye Bonner No
Butterfield Aye BonoMack No
Capps Aye Boren No
Capuano Aye Boustany No
Carnahan Aye Brady(TX) No
Carney Aye Brooks No
Carson(IN) Aye Buchanan No
Castor(FL) Aye Bucshon No
Chu Aye Buerkle No
Cicilline Aye Burgess No
Clarke(MI) Aye Burton(IN) No
Clarke(NY) Aye Calvert No
Cleaver Aye Camp No
Clyburn Aye Campbell No
Cohen Aye Canseco No
Connolly(VA) Aye Cantor No
Conyers Aye Capito No
Cooper Aye Carter No
Courtney Aye Cassidy No
Critz Aye Chabot No
Crowley Aye Chaffetz No
Cummings Aye Chandler No
Davis(CA) Aye Coble No
Davis(IL) Aye Coffman(CO) No
DeFazio Aye Cole No
DeGette Aye Conaway No
DeLauro Aye Costa No
Deutch Aye Cravaack No
Dicks Aye Crawford No
Dingell Aye Crenshaw No
Doggett Aye Cuellar No
Doyle Aye Culberson No
Duncan(TN) Aye Davis(KY) No
Edwards Aye Denham No
Engel Aye Dent No
Eshoo Aye DesJarlais No
Farr Aye Diaz-Balart No
Fattah Aye Dold No
Frank(MA) Aye Donnelly(IN) No
Fudge Aye Dreier No
Garamendi Aye Duffy No
Gibson Aye Duncan(SC) No
Gonzalez Aye Ellison No
Green,Al Aye Ellmers No
Green,Gene Aye Emerson No
Griffith(VA) Aye Farenthold No
Grijalva Aye Fincher No
Gutierrez Aye Fitzpatrick No
Hahn Aye Flake No
Hanabusa Aye Fleischmann No
Hastings(FL) Aye Fleming No
Heinrich Aye Flores No
Higgins Aye Forbes No
Himes Aye Fortenberry No
Hinchey Aye Foxx No
Hinojosa Aye Franks(AZ) No
Hirono Aye Frelinghuysen No
Hochul Aye Gallegly No
Holden Aye Gardner No
Holt Aye Garrett No
Honda Aye Gerlach No
Hoyer Aye Gibbs No
Huelskamp Aye Gingrey(GA) No
Israel Aye Gohmert No
Jackson(IL) Aye Goodlatte No
JacksonLee(TX) Aye Gowdy No
Johnson(GA) Aye Granger No
Johnson(IL) Aye Graves(GA) No
Johnson,E.B. Aye Graves(MO) No
Jones Aye Griffin(AR) No
Kaptur Aye Grimm No
Keating Aye Guinta No
Kildee Aye Guthrie No
Kind Aye Hall No
Kucinich Aye Hanna No
Labrador Aye Harper No
Langevin Aye Harris No
Larsen(WA) Aye Hartzler No
Larson(CT) Aye Hastings(WA) No
Lee(CA) Aye Hayworth No
Lewis(GA) Aye Heck No
Loebsack Aye Hensarling No
Lofgren,Zoe Aye Herger No
Lowey Aye HerreraBeutler No
Luján Aye Huizenga(MI) No
Lynch Aye Hultgren No
Maloney Aye Hunter No
Markey Aye Hurt No
Matsui Aye Issa No
McClintock Aye Jenkins No
McCollum Aye Johnson(OH) No
McDermott Aye Johnson,Sam No
McGovern Aye Jordan No
McNerney Aye Kelly No
Meeks Aye King(IA) No
Michaud Aye King(NY) No
Miller(NC) Aye Kingston No
Miller,George Aye Kinzinger(IL) No
Moore Aye Kissell No
Moran Aye Kline No
Murphy(CT) Aye Lamborn No
Nadler Aye Lance No
Napolitano Aye Landry No
Neal Aye Lankford No
Olver Aye Latham No
Pallone Aye LaTourette No
Pastor(AZ) Aye Latta No
Paul Aye Levin No
Pelosi Aye Lewis(CA) No
Perlmutter Aye Lipinski No
Peters Aye LoBiondo No
Petri Aye Long No
Pingree(ME) Aye Lucas No
Polis Aye Luetkemeyer No
Price(NC) Aye Lummis No
Quigley Aye Lungren,DanielE. No
Rahall Aye Mack No
Rangel Aye Manzullo No
Rehberg Aye Marchant No
Reyes Aye Marino No
Ribble Aye Matheson No
Richardson Aye McCarthy(CA) No
Richmond Aye McCarthy(NY) No
Rothman(NJ) Aye McCaul No
Roybal-Allard Aye McCotter No
Rush Aye McHenry No
Ryan(OH) Aye McIntyre No
Sánchez,LindaT. Aye McKeon No
Sarbanes Aye McKinley No
Schakowsky Aye McMorris,Rodgers No
Schiff Aye Meehan No
Schrader Aye Mica No
Schwartz Aye Miller(FL) No
Scott(VA) Aye Miller(MI) No
Scott,David Aye Miller,Gary No
Sensenbrenner Aye Mulvaney No
Serrano Aye Murphy(PA) No
Sherman Aye Myrick No
Shimkus Aye Neugebauer No
Shuler Aye Noem No
Sires Aye Nugent No
Smith(WA) Aye Nunes No
Stark Aye Nunnelee No
Sutton Aye Olson No
Thompson(CA) Aye Owens No
Thompson(MS) Aye Palazzo No
Tierney Aye Paulsen No
Tipton Aye Pearce No
Tonko Aye Pence No
Towns Aye Peterson No
Tsongas Aye Pitts No
VanHollen Aye Platts No
Velázquez Aye Poe(TX) No
Visclosky Aye Pompeo No
Walz(MN) Aye Posey No
Wasserman,Schultz Aye Price(GA) No
Waters Aye Quayle No
Watt Aye Reed No
Waxman Aye Reichert No
Welch Aye Renacci No
Wilson(FL) Aye Rigell No
Woolsey Aye Rivera No
Yarmuth Aye Roby No
Roe(TN) No
Rogers(KY) No
Rogers(MI) No
Rohrabacher No
Rokita No
Rooney No
Ros-Lehtinen No
Roskam No
Ross(AR) No
Ross(FL) No
Royce No
Runyan No
Ruppersberger No
Ryan(WI) No
Scalise No
Schilling No
Schmidt No
Schock No
Schweikert No
Scott(SC) No
Scott,Austin No
Sessions No
Sewell No
Shuster No
Simpson No
Smith(NE) No
Smith(NJ) No
Smith(TX) No
Southerland No
Stearns No
Stivers No
Stutzman No
Sullivan No
Terry No
Thompson(PA) No
Thornberry No
Tiberi No
Turner(NY) No
Turner(OH) No
Upton No
Walberg No
Walden No
Walsh(IL) No
Webster No
West No
Westmoreland No
Whitfield No
Wilson(SC) No
Wittman No
Wolf No
Womack No
Woodall No
Yoder No
Young(AK) No
Young(FL) No
Young(IN) No
R 112 2nd U.S. House of Representatives 291 H R 4310 On Passage
RECORDED VOTE
Passed 18-May-2012 12:46 PM
National Defense Authorization Act for Fiscal Year 2013
Party Ayes Noes Answered-“Present” Not Voting
Republican 222 16 0 3
Democratic 77 104 0 9
Independent 0 0 0 0
Totals 299 120 0 12
For Detention Against Detention Not There
Ackerman Aye Amash No Amodei NotVoting
Adams Aye Baldwin No Braley(IA) NotVoting
Aderholt Aye Bass(CA) No Cardoza NotVoting
Akin Aye Becerra No Costello NotVoting
Alexander Aye Blumenauer No Filner NotVoting
Altmire Aye Bonamici No Gosar NotVoting
Andrews Aye Burgess No Pascrell NotVoting
Austria Aye Butterfield No Ryan(OH) NotVoting
Baca Aye Campbell No Sanchez,Loretta NotVoting
Bachmann Aye Capps No Slaughter NotVoting
Bachus Aye Capuano No Speier NotVoting
Barletta Aye Carson(IN) No Sullivan NotVoting
Barrow Aye Castor(FL) No
Bartlett Aye Cicilline No
Barton(TX) Aye Clarke(MI) No
Bass(NH) Aye Clarke(NY) No
Benishek Aye Clay No
Berg Aye Cleaver No
Berkley Aye Clyburn No
Berman Aye Cohen No
Biggert Aye Conyers No
Bilbray Aye Crowley No
Bilirakis Aye Davis(IL) No
Bishop(GA) Aye DeFazio No
Bishop(NY) Aye DeGette No
Bishop(UT) Aye DeLauro No
Black Aye Deutch No
Blackburn Aye Doyle No
Bonner Aye Duncan(TN) No
BonoMack Aye Edwards No
Boren Aye Ellison No
Boswell Aye Eshoo No
Boustany Aye Farr No
Brady(PA) Aye Fattah No
Brady(TX) Aye Frank(MA) No
Brooks Aye Fudge No
Broun(GA) Aye Garamendi No
Brown(FL) Aye Gibson No
Buchanan Aye Griffith(VA) No
Bucshon Aye Grijalva No
Buerkle Aye Gutierrez No
Burton(IN) Aye Hahn No
Calvert Aye Hastings(FL) No
Camp Aye Himes No
Canseco Aye Hinchey No
Cantor Aye Holt No
Capito Aye Honda No
Carnahan Aye Huelskamp No
Carney Aye Jackson(IL) No
Carter Aye Johnson(GA) No
Cassidy Aye Johnson(IL) No
Chabot Aye Jones No
Chaffetz Aye Keating No
Chandler Aye Kind No
Chu Aye Kucinich No
Coble Aye Labrador No
Coffman(CO) Aye Larsen(WA) No
Cole Aye Lee(CA) No
Conaway Aye Lewis(GA) No
Connolly(VA) Aye Lofgren,Zoe No
Cooper Aye Lowey No
Costa Aye Luján No
Courtney Aye Lynch No
Cravaack Aye Maloney No
Crawford Aye Markey No
Crenshaw Aye Matsui No
Critz Aye McClintock No
Cuellar Aye McCollum No
Culberson Aye McDermott No
Cummings Aye McGovern No
Davis(CA) Aye Michaud No
Davis(KY) Aye Miller(NC) No
Denham Aye Miller,George No
Dent Aye Moore No
DesJarlais Aye Moran No
Diaz-Balart Aye Murphy(CT) No
Dicks Aye Nadler No
Dingell Aye Napolitano No
Doggett Aye Neal No
Dold Aye Nugent No
Donnelly(IN) Aye Olver No
Dreier Aye Pallone No
Duffy Aye Paul No
Duncan(SC) Aye Pelosi No
Ellmers Aye Peters No
Emerson Aye Pingree(ME) No
Engel Aye Polis No
Farenthold Aye Price(NC) No
Fincher Aye Quigley No
Fitzpatrick Aye Rahall No
Flake Aye Rangel No
Fleischmann Aye Richmond No
Fleming Aye Roe(TN) No
Flores Aye Rothman(NJ) No
Forbes Aye Roybal-Allard No
Fortenberry Aye Royce No
Foxx Aye Rush No
Franks(AZ) Aye Sánchez,LindaT. No
Frelinghuysen Aye Sarbanes No
Gallegly Aye Schakowsky No
Gardner Aye Schrader No
Garrett Aye Schwartz No
Gerlach Aye Schweikert No
Gibbs Aye Scott(VA) No
Gingrey(GA) Aye Serrano No
Gohmert Aye Stark No
Gonzalez Aye Thompson(CA) No
Goodlatte Aye Thompson(MS) No
Gowdy Aye Tierney No
Granger Aye Tonko No
Graves(GA) Aye VanHollen No
Graves(MO) Aye Velázquez No
Green,Al Aye Wasserman,Schultz No
Green,Gene Aye Waters No
Griffin(AR) Aye Watt No
Grimm Aye Waxman No
Guinta Aye Welch No
Guthrie Aye Wilson(FL) No
Hall Aye Woolsey No
Hanabusa Aye Yarmuth No
Hanna Aye
Harper Aye
Harris Aye
Hartzler Aye
Hastings(WA) Aye
Hayworth Aye
Heck Aye
Heinrich Aye
Hensarling Aye
Herger Aye
HerreraBeutler Aye
Higgins Aye
Hinojosa Aye
Hirono Aye
Hochul Aye
Holden Aye
Hoyer Aye
Huizenga(MI) Aye
Hultgren Aye
Hunter Aye
Hurt Aye
Israel Aye
Issa Aye
JacksonLee(TX) Aye
Jenkins Aye
Johnson(OH) Aye
Johnson,E.B. Aye
Johnson,Sam Aye
Jordan Aye
Kaptur Aye
Kelly Aye
Kildee Aye
King(IA) Aye
King(NY) Aye
Kingston Aye
Kinzinger(IL) Aye
Kissell Aye
Kline Aye
Lamborn Aye
Lance Aye
Landry Aye
Langevin Aye
Lankford Aye
Larson(CT) Aye
Latham Aye
LaTourette Aye
Latta Aye
Levin Aye
Lewis(CA) Aye
Lipinski Aye
LoBiondo Aye
Loebsack Aye
Long Aye
Lucas Aye
Luetkemeyer Aye
Lummis Aye
Lungren,DanielE. Aye
Mack Aye
Manzullo Aye
Marchant Aye
Marino Aye
Matheson Aye
McCarthy(CA) Aye
McCarthy(NY) Aye
McCaul Aye
McCotter Aye
McHenry Aye
McIntyre Aye
McKeon Aye
McKinley Aye
McMorrisRodgers Aye
McNerney Aye
Meehan Aye
Meeks Aye
Mica Aye
Miller(FL) Aye
Miller(MI) Aye
Miller,Gary Aye
Mulvaney Aye
Murphy(PA) Aye
Myrick Aye
Neugebauer Aye
Noem Aye
Nunes Aye
Nunnelee Aye
Olson Aye
Owens Aye
Palazzo Aye
Pastor(AZ) Aye
Paulsen Aye
Pearce Aye
Pence Aye
Perlmutter Aye
Peterson Aye
Petri Aye
Pitts Aye
Platts Aye
Poe(TX) Aye
Pompeo Aye
Posey Aye
Price(GA) Aye
Quayle Aye
Reed Aye
Rehberg Aye
Reichert Aye
Renacci Aye
Reyes Aye
Ribble Aye
Richardson Aye
Rigell Aye
Rivera Aye
Roby Aye
Rogers(AL) Aye
Rogers(KY) Aye
Rogers(MI) Aye
Rohrabacher Aye
Rokita Aye
Rooney Aye
Ros-Lehtinen Aye
Roskam Aye
Ross(AR) Aye
Ross(FL) Aye
Runyan Aye
Ruppersberger Aye
Ryan(WI) Aye
Scalise Aye
Schiff Aye
Schilling Aye
Schmidt Aye
Schock Aye
Scott(SC) Aye
Scott,Austin Aye
Scott,David Aye
Sensenbrenner Aye
Sessions Aye
Sewell Aye
Sherman Aye
Shimkus Aye
Shuler Aye
Shuster Aye
Simpson Aye
Sires Aye
Smith(NE) Aye
Smith(NJ) Aye
Smith(TX) Aye
Smith(WA) Aye
Southerland Aye
Stearns Aye
Stivers Aye
Stutzman Aye
Sutton Aye
Terry Aye
Thompson(PA) Aye
Thornberry Aye
Tiberi Aye
Tipton Aye
Towns Aye
Tsongas Aye
Turner(NY) Aye
Turner(OH) Aye
Upton Aye
Visclosky Aye
Walberg Aye
Walden Aye
Walsh(IL) Aye
Walz(MN) Aye
Webster Aye
West Aye
Westmoreland Aye
Whitfield Aye
Wilson(SC) Aye
Wittman Aye
Wolf Aye
Womack Aye
Woodall Aye
Yoder Aye
Young(AK) Aye
Young(FL) Aye
Young(IN) Aye
If your representative voted against the amendment and/or for final passage of this year's NDAA, I need you to contact them immediately and demand they change their misguided views and stop allowing the military to arrest and detain innocent citizens.
Let your representative know you’ve seen through the smokescreen that was the Gohmert amendment, and you aren’t fooled for a second.
In addition, make sure your representative realizes that Section 1021 of the NDAA was declared unconstitutional this week in a U.S. District Court, and that a temporary stay on enforcement of that measure has been granted.
Finally, make it clear you'll be telling your fellow constituents that your representative abandoned them to a growing police state.
Congress created this unconstitutional mess, and it’s Congress that will have to fix it.
After you've contacted your representative, get in touch with your senators to demand they vote against the NDAA as long as it contains these indefinite detention provisions.
And stay tuned to CampaignforLiberty.org, as we look ahead to fighting this bill in the Senate next week and doing our best to prevent the government from being able to indefinitely detain innocent Americans.
In Liberty,
Tim Shoemaker
Director of Legislation
P.S. Earlier today, the U.S House voted down an amendment that would have prohibited the military from being able to indefinitely detain you. It later voted for final passage of this year's NDAA.
If your representative voted against the Smith/Amash amendment or voted for final passage, contact them immediately to demand they change their misguided view and stop allowing the military to arrest and detain Americans!
Then contact your senators to urge them to vote against the NDAA as long as it contains these provisions.
As the fight over the FY 2013 NDAA heads to the Senate, please chip in $10 or $25, or whatever you can afford, so C4L can continue leading the fight to prevent the military from detaining you for as long as it wants.
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