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Montana House Votes to Nullify NDAA Indefinite Detention


NOTE: After initially reporting a vote of 97-1, the Montana legislature has updated the vote count to 98-0

After passing out of committee by a unanimous vote last week, the full Montana State House approved House Bill 522 (HB522) and moved the bill on to the State Senate. The vote was 97-1.

A modified version of the Liberty Preservation Act released by the Tenth Amendment Center, Montana joins a growing choir of states and localities who’ve decided that waiting for federal politicians to repeal their own power is something they’re not willing to risk.

The bill was sponsored by State Representative Nicholas Schwaderer who worked hard behind the scenes to get a bipartisan group of legislators to cosponsor – 18 republicans and 6 democrats. In presenting the bill on its 2nd reading yesterday, Schwaderer said his motivation to introduce the bill was to get something done, and not just make a statement.

“I thought, how can we deal with this and not have it be some kind of letter to Santa Claus?”

He also noted that the bill brought together a wide coalition of support from around the political spectrum.

This bill has the coolest spread of sponsors signed on. A lot of people support of the bill that would be opposing each other. I urge a big ole green on this one!

If signed into law, HB522 would make it illegal for Montana to participate in NDAA indefinite detention: “The state of Montana may not provide material support or participate with the implementation of sections 1021 and 1022 of the federal National Defense Authorization Act for Fiscal Year 2012, Public Law 112-81, within the boundaries of this state”

Noncompliance with federal law is 100% noncontroversial both legally and constitutionally. There’s absolutely ZERO serious thought that supports the idea that the federal government has the constitutional authority to require state agents to enforce federal laws. Even the Supreme Court has affirmed this more than once in recent history. Statements to the contrary are absurd.

Such noncompliance on a wide scale is very effective in rendering an unconstitutional federal act null, void or just unenforceable. Learn how this method plays out and works HERE.

ACTION STEPS for Montana

Next up for HB522 is to be assigned to a committee for consideration in the State Senate. Bills move fast in the short legislative session, so your support is needed right now.

1. Contact your state senator. Strongly, but respectfully, urge him or her to vote YES on HB522. Let them know that you see “indefinite detention” as a direct attack on your liberty and on the Constitution.

Find your state senator here:
http://leg.mt.gov/css/find%20a%20legislator.asp

2. Encourage your local community to take action as well. Present the Liberty Preservation Act to your city county, your town council, or your county commissioners. Various local governments around the country are already passing similar resolutions and ordinances. Local legislative action present a great way to strengthen a statewide campaign against NDAA indefinite detention

Model legislation here:
http://tenthamendmentcenter.com/ndaa

3. Join the Nullify NDAA group on Facebook. Interact and work with like-minded people. Report back with any feedback you get from your state representative and more.
http://www.facebook.com/groups/nullifyndaamontana/

LEGISLATION AND TRACKING

If you live anywhere outside of Montana, please contact your own legislators regarding anti-NDAA legislation. If none has been introduced in your state, you can email them The Liberty Preservation Act model legislation.

Track the status of NDAA nullification in states around the country HERE

 

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Source: http://blog.tenthamendmentcenter.com/2013/02/montana-house-votes-to-nullify-ndaa-indefinite-detention-97-1/#.UTYbcOvU6J0.twitter

Oath Keepers to Place Billboard Outside Ft. Leavenworth to Protest Small Wars Journal Article Demonizing Tea Party as Future “Enemy” of U.S. Military

September 1, 2012 1 comment

Oath Keepers is putting up a billboard right outside the main gate of Ft. Leavenworth Kansas to respond directly to the Small Wars Journal article by Leavenworth instructor Colonel Kevin Benson which paints the Tea Party movement as a future military opponent during domestic CONUS operations by the U.S. military.   You can read more on that article here and here.  Here is the billboard we are putting up:

OK-Billboard-for-ft Leavenworth

Donate to the billboard campaign or the Oath Keepers general fund, please click here:

Donate by mail:
Oath Keepers
5130 S. Fort Apache Rd.
Ste 215
Las Vegas NV 89148

Since Colonel Benson has chosen to demonize the Tea Party movement, by using the Tea Party as the “bad guys”- along with militias – in his hypothetical scenario of future domestic military operations, and since he is apparently using his position at Ft. Leavenworth to brainwash young officers into thinking that the Tea Party is a potential future enemy they will have to fire upon, we feel it is crucial to counter his propaganda in as direct a manner as possible, sending a clear message not just to him, but to his students there at Ft. Leavenworth and to all others stationed there, and to the broader Army.   Those young officers need to understand that if they fire on fellow Americans, permitting themselves to be used as tools of oppression, and if they participate in martial law on U.S. soil, then they will become the new “red coats”and will be desecrating and destroying all that generations of American fighting men have bled and died to secure – our liberty.

We stand in defense of the rights of all Americans, but since Colonel Benson has chosen to name the Tea Party members in particular as possible future military enemies during domestic operations, we are coming to the defense of the Tea Party in this case.

Oath Keepers is also launching a national campaign to put similar billboards outside of military bases across the United States.  We were planning on starting with Camp Lajeune, North Carolina or Ft. Stewart Georgia, but Colonel Benson’s outrageous and dangerous article in the Small Wars Journal compelled us to make Ft. Leavenworth the first base for our billboard campaign.

The billboard will cost an estimated $1,650.00v for the set-up and two months rent.    Oath Keepers Lifetime Member Richard Allison has already stepped up and donated $500.00 for this billboard.  He met Oath Keepers Founder Stewart Rhodes during his trip to Minnesota, and when Stewart showed Richard the mock up for the billboard, Richard pulled out his wallet and slapped down five one-hundred dollar bills to get this project rolling.  Thanks Richard!  You set an excellent example for others to follow.  So now, we only need $1,150.00 to put this billboard up.  Once we reach that amount, we will continue to raise funds for other billboards outside of military bases across the United States.   All donations for the billboards will be used exclusively for that purpose.

Donate to the billboard campaign or the Oath Keepers general fund, please click here:

Oath Keepers of Kansas, lead by Richard Fry, who is also Patriot Coalition General counsel, have secured the billboard, which is 3/4 of a block outside the main gate at Ft. Leavenworth.   Oath Keepers of Kansas will also secure a billboard outside of Ft. Riley, Kansas, where the famous 1st Infantry Division (the “Big Red One”) is stationed, and we will place a more general “honor your oath” billboard there.  That Ft. Riley billboard will cost an estimated $1,000.00 for two months.

Below are mock-ups of billboards we will use outside of Marine Corps bases and Army bases.  We will start with combat arms troops, but will also do billboards outside of bases for all branches, including outside of Air Force bases where Predator Drone “pilots” work.   This is just the beginning.  The ultimate goal is billboards outside of every base in America.

OK NDAA Billboard-Iwo Jima

OK NDAA Billboard-Normandy

OATH KEEPERS SITE: http://oathkeepers.org/oath/2012/08/18/oath-keepers-to-place-billboard-outside-ft-leavenworth-to-protest-small-wars-journal-article-demonizing-tea-party-as-future-enemy-of-u-s-military/

UPDATE: Veteran Marine Brandon Raub RELEASED By OUTRAGED Judge!!!

August 24, 2012 3 comments

[TWG: Well, it seems not ALL of our justices are obama-loving fascists.  Glad they released this man, but please don’t forget what they’ve done. This is not over, by a long shot.  Keep a VERY close eye on your State legislature as they try to manipulate the local laws that stopped them in this particular case.. You can bet the vermin are very busy today trying to figure out a way they can do this to us all and get away with it.  You can read my previous post about this HERE  The Honorable Judge in this case should be thanked, and those responsible for putting this brave and honorable Veteran Marine in this situation should be punished.  By the way…… this is precisely one of the reasons why I deleted my fakebook account.  Not only did they receive “stimulus money” from the marxist regime, they’ve aligned themselves with them and have managed to change privacy policies in order to enable this sort of thing.  Zuckerman and the facebook corporation are in bed with the enemies of this Nation. They’ve got a debt to pay for all that “stimulus money” they stuffed into their pockets.]

by: Cheryl K. Chumley
Thursday, August 23, 2012
 
A former Marine who was forced into a psychiatric ward for anti-government Facebook postings has been freed from the hospital by a Virginia circuit court ruling handed down Thursday.Judge Allan Sharrett dismissed the case against Brandon Raub, 26, who had been detained by government officials in Richmond, Va., and transferred to a VA hospital in Salem, Va. The judge called the petition to continue Raub’s forced detention “so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy.”John W. Whitehead, president of the Rutherford Institute, the civil rights firm that defended Mr. Raub, called the verdict pleasant surprise to a “bizarre” case that seemed more in line with a police state than free America.Read more: http://times247.com/articles/32virginia-veteran-raub-freed-from-psychiatric-ward7#ixzz24TAR3qmS

Oath Keepers to Rally in Support of Marine Veteran Brandon Raub, Victim of Soviet Style Pre-crime Detention

August 23, 2012 1 comment

[UPDATE: MR. RAUB HAS BEEN RELEASED BY A JUDGE AND CASE DISMISSED.   OOOOOrah!]

August 20th, 2012
Oath Keepers to Rally in Support of Marine Veteran Brandon Raub, Victim of Soviet Style Pre-crime Detention

MESSAGE FROM STEWART RHODES, FOUNDER OF OATH KEEPERS:

Oath Keepers is coming to the aid of this young Marine veteran and our rallying cry will be “CHARGE HIM, OR RELEASE HIM.”  We cannot allow  “mental illness” designations to be used as a weapon against political dissidents in America.    See the below article by Brandon Smith for the disturbing facts regarding the use of mental health detention against Virginia Marine veteran Brandon Raub because of his constitutionally protected free speech on his Facebook page.  As Brandon Smith illustrates, this is exactly what the Soviet Union did to dissidents who dared to criticize the communist regime – they were labeled “insane” and carted off to mental wards.  Now it has begun here in America.  This is a blatant circumvention of constitutional criminal due process which is every bit as dangerous as being designated an “unlawful combatant” under the NDAA and taken away to a military brig for detention without charges.  How is this any different?  Mental health detention can be used in exactly the same way. This is an incredibly dangerous crossing of a critical line in the sand – the politicization of the mental health system, using it as a weapon against dissidents to punish them for their constitutionally protected political speech.   This case is the camel’s nose under the tent, and we need to stomp on it HARD, right now. And we will.

Brandon Raub has very competent local legal counsel provided by the Rutherford Institute. If you would like to donate to his legal defense, go to https://www.rutherford.org/donate/ and be sure to add a note that your donation is for the Raub case. Oath Keepers has offered to write an amicus brief if the Rutherford attorneys think it will help, but our primary goal is to compliment their legal efforts with as many boots on the ground as we can muster to go there in person and rally in outspoken support of this brother veteran. While the case is being tried in the legal courts, we will try it in the court of public opinion and bring as much public pressure to bear as possible. Last night, Oath Keepers leadership, including both national and Virginia Oath Keepers leaders, spoke with Attorney John Whitehead of the Rutherford Institute and also with Brandon Raub’s Mother, Cathleen Thomas. We will be coordinating closely both with his legal team and with his family to support Brandon in any way possible.

Last night I interviewed Cathleen Thomas about her son’s ordeal.   Also on the interview was Oath Keepers Eastern U.S. Vice President Rand Cardwell (a Marine Scout-sniper veteran).   You can listen to that interview here:

 
To download it, click on this link:

http://oathkeepers.org/oath/aud/Stewart%20Interview%20with%20Cathleen%20Thomas.mp3

Go HERE  to view the “Support Brandon Raub” Facebook page, and to become a friend.

Cathleen also asked us to post this statement from her, about her son:

He’s a good-to-go Marine who understands he is in a situation where he is watched at all times and he knows they are looking for anything to use as a justification for what they are doing to him.  He is disciplined, but please pray for his patience, and his stalwart faith.  He knew that when he spoke up something like this could happen.  He sensed it was coming, and yet he knew he had not just a First Amendment protected right, but also a DUTY to speak out.

We had conversations about what is going on in our country and then decided to do something about it.  We formed the Richmond Liberty movement and held a rally November 15, 2011 and have been very active in the community since.   We were always speaking out against legislation threatening rights, such as SOPA, and writing our legislators.

We thank every single man and woman in Oath Keepers for honoring the Constitution and we appreciate your support. – Cathleen Thomas.

As a dangerous assault on our Constitution, this is very similar to the New Hampshire “baby snatching” case, where a newborn baby was taken from her parents by child protective services only hours after birth, and one of the reasons listed in the affidavit was that the father, Jonathan Irish, was a “member of the militia group, Oath Keepers” (he was not actually a member, but he had been signed up on our free Ning page, and no, we are not a militia, but regardless, we could not let them get away with that use of the father’s constitutionally protected free speech and political associations to take his child).    That too was a camel’s nose under the tent, and if allowed to stand would have been a very chilling precedent of using child protective services as a weapon against unpopular dissidents, to punish them for their speech and association by taking their children.   That would have resulted in people chilling their own speech, sitting down and shutting up, for fear of losing their children.   We called for a rally of Oath Keepers outside the courthouse, and Oath Keepers from around the country responded with boots on the ground   The family had very competent local legal counsel, but there is no doubt that by holding a rally there we helped to put serious public pressure on the officials in New Hampshire to do the right thing. And they did, returning the baby to her parents.

We intend to do much the same here. There are already local liberty activists protesting outside of the Veterans Administration hospital in Salem, Virginia (where Brandon Raub was transferred last night, after a local magistrate rubber stamped his “preventive detention” and extended it for 30 more days).

Salem VA Medical Center
1970 Roanoke Blvd.
Salem, VA 24153
540-982-2463 | 888-982-2463

We urge you to participate in those ongoing protests, and we will also announce a date in the next week or so (likely over Labor Day weekend) when we will hold a special Oath Keepers muster there, to put as many active duty and veteran boots on the ground, on one day, to demand his release. The intent will be to compliment the already ongoing protests/rallies. Stay tuned for details.  But don’t wait for that one event – get out there now, if you can, and urge others to do likewise.

We urge you to spread the word about this cases to everyone – every veteran, every concerned American, every website, every group – especially veterans groups and organizations – and also to put pressure on all public officials involved to do the right thing, and put pressure on federal officials and members of Congress, as well as the Obama Administration, to set this Marine free. Demand that they charge him or release him!  And if you have contacts among current serving Marines at Camp Lejeune, give them a heads up and urge them to be in Salem over the Labor Day Weekend to stand for a brother.

This use of mental health services as a weapon is straight out of the DHS/SPLC playbook.  Recall that Richard Cohen, the Chairman of the Southern Poverty Law Center, sat on the DHS Working Group on Countering Violent Extremism – making SPLC essentially part of DHS.  In the published recommendations of that working group in 2010, addressed to the Secretary of Homeland Security, they specifically recommend that DHS use local social services, including mental health services to counter “violent extremism.”  This case, just as with the Irish baby snatching case, is precisely what SPLC wants to see done to all of us pesky constitutionalists and liberty lovers on the political right in this country.  They want, more than anything, to turn all of the apparatus of the state into a weapon against their political opponents, and above all, they want local police to be their tools of oppression, with their power coming out of the barrels of police guns.

We must defend this brother Marine, brother veteran, and fellow American. If we don’t, then we will be next, and once the “mental health” raids begin in earnest, we will be at the “Solzhenitsyn moment” when we will have no choice but to resist. Don’t wait till then. The time to stand is now. Sweat now, or bleed later. Stand up, step up, and show up now, right there in the streets of Salem, Virginia, by the hundreds or thousands, or you will have to step out onto battlefield America later. The choice is yours.

Tu ne cede malis, sed contra audentior ito (Do not give in to evil but proceed ever more boldly against it) -Virgil.

For the Republic,

Stewart Rhodes

ARTICLE BY BRANDON SMITH:
Veteran Marine Sergeant Victim Of Pre-Crime Authoritarianism

By Brandon Smith, Associate Editor

During the height of communist power in the former Soviet Union, the corrupt establishment bureaucracy often sought out ways in which they could deal with or silence dissident movements and outspoken individuals while avoiding public exposure and minimize blowback from the Russian populace.  A very effective method they devised was the use of the ‘Psikhushka’, or psychiatric prisons where activists against the state could be held indefinitely, isolated from other prisoners and the rest of the world.  By housing dissidents in mental hospitals, the Soviet government hoped that the public would assume that the prisoners were “psychologically unstable or deranged” and that if the activist ever did get word to others about his political incarceration, no one would believe his claims anyway.

The strategy allowed the Soviets to severely stifle anti-government speech for quite some time, feeding terror into the citizenry who now carefully censored themselves for fear of authoritarian retribution, not to mention the possible betrayal of friends and neighbors who might turn them in for a pat on the head from the state.  In fact, the widespread propaganda that the communists promoted amongst the public was that anyone who actually did speak out against the government “had to be mentally ill”, creating entirely new clinical designations to categorize those who refused to comply.  Professors operating in the Soviet run Moscow Serbsky Institute claimed that:

“Most frequently, ideas about a struggle for truth and justice are formed by personalities with a paranoid structure…”

Now, compare this abuse of psychiatry to the DSM-IV-TR manual used by doctors today in the diagnosing of mental illness.  In it, you will find the term “oppositional defiance disorder”, a supposed illness which encompasses anybody who is disobedient, defiant, a free thinker, or even considered hostile toward authority.

The pigeonholing of political activists and anti-authoritarians is a process that is alive and well in the U.S. today.  This fact has been made even more apparent by the abrupt detainment or (non-arrest-arrest) of Marine Sergeant Brandon Raub of Chesterfield County, Virginia for posts he made to his Facebook page:

http://www.youtube.com/watch?feature=player_embedded&v=YaE5zChbC5w

https://www.youtube.com/watch?v=nLpChd1-8Q4&feature=player_embedded#!

Early reports on the event were sparse, and so far the mainstream media has stayed away from the issue entirely.  However, new information is slowly surfacing, and here is what we know so far…

The FBI, the Chesterfield County Police, and apparently the Secret Service were videotaped by Raub’s family hauling him away in handcuffs.  These agencies claim that Brandon is “not under arrest”.

Dee Rybiski, a spokeswoman for the Richmond FBI office, would not comment on the matter except to reiterate that no arrest had been made.

“We don’t comment on mental-health issues or anything like that,” she said. “We simply went to speak with him about the many complaints that we had gotten about his posts.”

http://www2.insidenova.com/news/2012/aug/20/tdmet01-veteran-has-hearing-today-mother-says-ar-2142038/

The local police reiterated that “there is no criminal matter” and that they were only present to help the FBI transport Raub.

This is a rather strange stance on the part of law enforcement officials, considering they claimed during the incident that Raub was taken away for “resisting arrest”.  I would love to hear the FBI’s explanation on how a man can resist arrest without officially being arrested…?

According to Raub’s family, he was never read his Miranda Rights.  And, Raub himself stated:

“I talked to a Secret Service gentleman for 20, 30 minutes,” Raub said. “I was very cooperative and answered everything honestly…”

Raub is currently being held at the Salem VA Medical Center, where he is to be “detained” after a hearing before a judge who has enforced a 96 hour “observation period”:

http://www2.timesdispatch.com/news/news/2012/aug/19/tdmet02-chesterfield-man-held-in-hospital-on-conce-ar-2140519/

The comments which allegedly sparked his persecution included references on Facebook to the government’s complicity in 9/11, his belief that there will be a revolution in America, and suggestions that the Bush family is populated with “child rapists”.

Whether or not you agree with any of Raub’s assertions, the bottom line is that under the First Amendment he is perfectly within his rights to publicly uphold them.  There is no law against “conspiracy theory”, at least, not yet…

Raub’s family has also stated that the FBI believes some of his comments to be “terroristic” and threatening in nature.  The only comment that I could find that could be even remotely interpreted as threatening is this post from August 13:

“Sharpen up my axe; I’m here to sever heads…”

This is NOT a statement that could be upheld in any respectable courtroom as being a specific threat and is not prosecutable.  Also as it turns out, the line is a lyric from a song by the band ‘Swollen Members’ entitled “Bring Me Down”:

http://www.azlyrics.com/lyrics/swollenmembers/bringmedown.html

So, apparently if the FBI does not like your taste in tunes you can be whisked away to a mental hospital.  Take note music fans…

Raub’s other comments include:

“If you are unaware of the great amount of evil perpetrated by the American Government I suggest you take … your head out of the sand. The day of reckoning is almost at hand.”
“I am standing against a great evil. I will do it all by myself if I have to.”

This is obviously not a mentally ill person, but a political activist and dissident being subjected to a new standard of “Pre-Crime” on the part of our government.  This action is, in my view, meant to set a precedent by which many other veterans and common citizens who oppose the criminality of the establishment will be subjected, detained, and who knows what could happen after.  The sky is truly the limit.

Pre-Crime arrests also cause self-censorship in the public, as well as encourage a tattle-tale culture of simpering slaves.  I believe Brandon Raub’s “detainment” is a test case for the demonization and prosecution of the Liberty Movement as a whole, and a primary step in the destruction of free speech in America.  If we do not take this event seriously, and attack it with every effort, we cannot expect to be saved when the pre-crime police are one day sent to our own doorsteps.

UPDATE, August 22, 2012:

Chesterfield Police Department Statement

Rutherford Institute Attorneys’ Statement About Case

Local News Article: Chesterfield Marine Veteran to Remain Detained Over Facebook Posts

 Oathkeepers Site (Source): http://oathkeepers.org/oath/2012/08/20/former-marine-sergeant-victim-of-pre-crime-authoritarianism/

Posse Comitatus Act kicked to the roadside by feds, say critics


{TWG Note: This is a nightmare that has become a very real and dangerous  threat.  You can learn more about the “Posse Comitatus Act” HERE ]

 

Jim Kouri's photo

Law Enforcement Examiner

The new defense authorization act all but erases decades of U.S. government compliance with the letter and the spirit of the Posse Comitatus Act 1878,  a law that prohibits the use of the U.S. military to perform law enforcement functions within the United States, according to police officials and others opposed to the militarizing of American law enforcement. 

Provisions in the new authorization act allow military reservists — Army, Navy, Air Force and Marines — to be called to duty and deployed in the event of a natural disaster or other emergency within the homeland, as well as mobilization of reserve units to support counterterrorism and security missions overseas, according to the American Forces Press Service’s Donna Miles.

“Except for a crisis involving a weapon of mass destruction, the reserves historically have been prohibited from providing a homeland disaster response,” Army Lt. General Jack C. Stultz, the Army Reserve chief, told reporters on Friday. …(Con’t)

 

CONTINUE READING: http://www.examiner.com/article/posse-comitatus-act-kicked-to-the-roadside-by-feds-say-critics

BREAKING NEWS: US Judge Blocks NDAA Indefinite Detention of Americans!!!

May 16, 2012 5 comments

 

A US federal judge has temporarily blocked a section of the controversial National Defense Authorization Act that allows for the indefinite military detention of US citizens.

­In a 68-page ruling, US District Judge Katherine Forrest agreed on Wednesday that the statute failed to “pass constitutional muster” because its language could be interpreted quite broadly and eventually be used to suppress political dissent.

“There is a strong public interest in protecting rights guaranteed by the First Amendment,” Forrest wrote, according to CourtHouseNews.Com. “There is also a strong public interest in ensuring that due process rights guaranteed by the Fifth Amendment are protected by ensuring that ordinary citizens are able to understand the scope of conduct that could subject them to indefinite military detention.”

The Manhattan judge therefore ruled in favor of a group of writers and activists who sued US officials, including President Barack Obama. They claimed that the act, which was signed into law on December 31, makes them fear possible arrest by US armed forces.

Among those who filed the complaint, Bloomberg reports, was former New York Times reporter Christopher Hedges. According to the journalist, NDAA would allow federal authorities to hold him in custody just for interviewing individuals who were detained on “suspicion of providing substantial support” to people engaged in hostilities against the US.

The order by Judge Forrest prevents the enforcement of the statute provision, pending further order of the court or an amendment to the statute by the US Congress.

 

SOURCE: http://rt.com/usa/news/ndaa-judge-blocked-detention-437/

Montanans Launch Recall Efforts Against Supporters Of NDAA

January 25, 2012 Leave a comment

With a growing number of Americans becoming alarmed at the recent passage of the National Defense Authorization Act because of its provisions allowing American citizens to be indefinitely detained and denied due process, some states and even counties are taking action. The state of Rhode Island, as well as Colorado’s El Paso County, have drafted resolutions to nullify the NDAA, a step that other states and counties are soon expected to follow. Likewise, the state of Montana has launched an effort to recall their Senators — Democrats Max Baucus and Jonathon Tester — as well as Republican Congressman Dennyi Rehberg, all of whom voted for the NDAA……(Con’t)

READ MORE: http://www.thenewamerican.com/usnews/constitution/10650-montana-launches-recall-efforts-against-ndaa-supporters

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