"In a time of universal deceit telling the truth is a revolutionary act." -George Orwell

U.S. Judge Stikes Down Indefinite Detention Provision In National Defense Authorization Act; Obama Administration Appeals Decision

In Uncategorized on September 14, 2012 at 1:00 pm

Oldspeak:The NDAA included a clause which afforded the military the power to detain civilians — even Americans — indefinitely, without charge or trial, if they are accused of certain ‘anti-state crimes’ or are accused of “substantially supporting” those accused of said crimes or forces associated therewith.    If that sounds tortuous and nebulous it’s because it is:” -David Segal. This is great victory for journalists, political activists, dissidents, and scholars. No longer will Americans and civilians around the world be allowed to be “disappeared” for speaking out against the woefully anti-democratic U.S. Government and its cohorts worldwide. “

 

 

 

Related Story:

Obama To Authorize Indefinite Detention Of U.S. Citizens For First Time Since McCarthy Era

By Alexander Reed Kelly @ Truthdig:

A temporary stop on the U.S. military’s power to imprison anyone deemed to have “substantially supported” terrorist groups was made permanent on Wednesday when U.S. District Judge Katherine Forrest ruled that journalists could be snatched up under the law.

The ruling against a provision in the 2012 National Defense Authorization Act frustrates the government’s attempts to grant itself the ability to indefinitely detain anyone it could associate with terrorist activity, including domestic protesters.

Truthdig columnist Chris Hedges had sued the Obama administration over the provision, along with journalists, scholars and political activists Noam Chomsky, Daniel Ellsberg and Naomi Wolf. Judge Forrest placed a temporary injunction on the provision in Section 1021 of the law in May.

“This court does not disagree with the principle that the president has primacy in foreign affairs,” Forrest said in Wednesday’s ruling. But government arguments in favor of the provision were not convincing, she said.

“The government has not stated that such conduct—which, by analogy, covers any writing, journalistic and associational activities that involve al Qaeda, the Taliban or whomever is deemed “associated forces”—does not fall within § 1021(b)(2).”

U.S. Judge’s Rule Protects Reporters, Activists In Their Middle East Work

By  Basil Katz @ Reuters:

A federal judge made permanent on Wednesday her order blocking enforcement of a U.S. law’s provision that authorizes military detention for people deemed to have “substantially supported” al Qaeda, the Taliban or “associated forces.”

U.S. District Judge Katherine Forrest in Manhattan had ruled in May in favor of non-profit groups and reporters whose work relates to conflicts in the Middle East and who said they feared being detained under a section of the law, signed by President Barack Obama in December.

Wednesday’s 112-page opinion turns the temporary injunction of May into a permanent injunction. The United States appealed on August 6.

The permanent injunction prevents the U.S. government from enforcing a portion of Section 1021 of the National Defense Authorization Act’s “Homeland Battlefield” provisions.

The opinion stems from a January lawsuit filed by former New York Times war correspondent and Pulitzer Prize winner Chris Hedges and others. The plaintiffs said they had no assurance that their writing and advocacy activities would not fall under the scope of the provision.

Government attorneys argued that the executive branch is entitled to latitude when it comes to cases of national security and that the law is neither too broad nor overly vague.

“This court does not disagree with the principle that the president has primacy in foreign affairs,” the judge said, but that she was not convinced by government arguments.

“The government has not stated that such conduct – which, by analogy, covers any writing, journalistic and associational activities that involve al Qaeda, the Taliban or whomever is deemed “associated forces” – does not fall within § 1021(b)(2).”

A spokeswoman for the Manhattan U.S. Attorney’s office, which represents the government in this case, declined to comment on the ruling.

The case is Hedges et al v. Obama et al, U.S. District Court for the Southern District of New York, No. 12-cv-331.

Judge Strikes Down Indefinite Detention: Tell Obama To Stop Supporting This Wretched Law

By David Segal @ The Daily Kos:

We just won the lawsuit against Obama et al over the indefinite detention provisions of the fiscal 2012 National Defense Authorization Act. These provisions represented a blatant violation of due process and First Amendment rights, and plaintiffs argued that they were already having a chilling effect on journalists and activists.

The NDAA included a clause which afforded the military the power to detain civilians — even Americans — indefinitely, without charge or trial, if they are accused of certain anti-state crimes or are accused of “substantially supporting” those accused of said crimes or forces associated therewith.    If that sounds tortuous and nebulous it’s because it is: What the heck does “substantially support” or “associated force” even mean?

You can urge Obama not to appeal the ruling by clicking here.

In a sweeping 112-page ruling (which I’ve not yet read in full) Judge Katherine Forrest issued a permanent injunction against the use of such powers.  Here’s Reuters:

A federal judge made permanent on Wednesday her order blocking enforcement of a U.S. law’s provision that authorizes military detention for people deemed to have “substantially supported” al Qaeda, the Taliban or “associated forces.”

U.S. District Judge Katherine Forrest in Manhattan had ruled in May in favor of non-profit groups and reporters whose work relates to conflicts in the Middle East and who said they feared being detained under a section of the law, signed by President Barack Obama in December.

Plaintiffs include Chris Hedges, Noam Chomsky, Daniel Ellsberg, Tangerine Bolen, and others; Demand Progress and RevolutionTruth members have raised more than $20,000 to support the lawsuit and used it to pressure lawmakers to revoke the provions in question.  We lost a relatively narrow vote in the House a few months ago, and the Senate will take up amendments to end indefinite detention in coming weeks.

We’re hoping the Senate will actually take this finding of unconstitutionality to heart and explicitly revoke the codification of the indefinite detention authority when the NDAA gets a vote in coming weeks.

This ruling required great fortitude on the part of Judge Forrest: She was appointed by Obama just last year.  After initially expressing concerns about the provisions in question — because they infringed on certain executive power, not because of all of the reasons above — Obama has consistently supported and defended them.  He signed them into law under cloak of darkness on New Year’s Eve and has aggressively defended them in court.

This’ll probably get appealed all the way up to the Supreme Court — but you can click here to urge Obama to stop protecting this awful law.

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