[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Here’s What Happened When Gay, Libertarian Open-Carry Advocates Strapped on Their Guns and Attended a Seattle Pride Event

Historic meeting between Pope Francis and Russian Orthodox head 'getting closer'

Oklahoma Supreme Court orders removal of Ten Commandments monument

Rand Paul meets with Cliven Bundy on Nevada campaign stop

UFC champ thanks Jesus post-fight; left-wingers call it ‘hateful,’ demand apology

Colorado Court Rules Use of Public Funds for Private Schools Is Unconstitutional

Law Enforcement More Concerned About Anti-government Activists Than Al-Qaeda Terrorists

Orthodox Christians Must Now Learn To Live as Exiles in Our Own Country

Wife of high-ranking Illuminati member tells all! Hear all the intense details now

Family Raided by SWAT and their Dog Shot, for Being Unable to Pay Utility Bill

A Poor And A Rich Compete In Giving Alms

The Emergence Of Orwellian Newspeak And The Death Of Free Speech

Supreme Court Imposes Gay Marriage On A Divided America–What Next?

Russia Doesn't Quite Know How To React To U.S. 'Gayification'

Mom Charged With Endangerment for Letting 7-Year-Old Play in Park Right Across the Street

PD Officer Dance With a Gay Pride Parade Marcher

Time to free Puerto Rico as it asks for relief of $72 Billion in debt from US Taxpayers

Future fag in training

Carly Fiorina emerges as rising Republican star at Western Conservative Summit

The Sentence That Could Doom the Iran Deal

Will Churches Be Forced To Conduct Gay Weddings?

Greek Investigator’s Report Finds Evidence of Plot Against Former Conservative Prime Minister's Life by Bush era CIA to stop Russian pipeline/arms deals

Society will collapse by 2040 due to catastrophic food shortages

OBERGEFELL ET AL. v. HODGES, DIRECTOR, OHIO

Coulter to PJM: Cut Off All Immigration, Focus on White Voters to Win

Mind Altering Drugs

SWAT team enters wrong home, homeowner cited for window broken by police

Generals Sherman and Sheridan: The War Criminals

Real Leader Of Free World Putin Putin vows to save Syria from ‘tragic’ fate of U.S.-supported Iraq

APNewsBreak: Indian tribe recognition process overhauled

Real Leader Of Free World Putin Putin urges all to fight Islamic State, backs Syria's Assad

Ayatollah Roberts and His Sharia Council

Captain Atoka: Choctaw Chief and Confederate Defender

Stand Waitie and the Confederate Indians

Greece Crisis: Shares Slide And Euro Tumbles

National Cathedral may remove windows with Confederate images

Muslim world reacts to Obama's latest speech - IPhoneConservative

Faggot Studies Course To Be Taught In San Francisco High School

Gay Marriage Supreme Court Ruling -- Rand Paul

Russian man creates anti-gay rainbow for Facebook #pridetobestraight

"The only true Christian sovereign" Russian MP urges Facebook blockage in country over rainbow flag

Ted Cruz: Constitutional Remedies to a Lawless Supreme Court

BREAKING: UN Makes Huge Move to ARREST Benjamin Netanyahu

US gay marriage ruling unleashes debate in Russia

The world is defenceless against the next financial crisis, warns BIS

Bassist Chris Squire, who co-founded progressive rock band Yes, dies at 67; had leukemia

Greece Will Close Banks to Stem Flood of Withdrawals

Lindsey Graham: Confederate Flag Is a 'Road Block'

Roy Rogers Quick Trigger Shooter Hat: Vintage Toy

Vikings' Josh Robinson Compares Gay Marriage to Incest and Pedophilia, Calls Marriage Equality ''Sick''


Status: Not Logged In; Sign In

U.S. Constitution
See other U.S. Constitution Articles

Title: ***BREAKING*** Military Detention Law Blocked by New York Judge (NDAA)
Source: [None]
URL Source: http://www.bloomberg.com/news/2012- ... blocked-by-new-york-judge.html
Published: May 16, 2012
Author: Bob Van Voris and Patricia Hurtado
Post Date: 2012-05-16 20:01:35 by Capitalist Eric
Keywords: None
Views: 1008
Comments: 2

A federal judge temporarily blocked enforcement of a part of the National Defense Authorization Act that opponents claim could subject them to indefinite military detention for activities including news reporting and political activism.

U.S. District Judge Katherine Forrest in Manhattan today ruled in favor of a group of writers and activists who sued President Barack Obama, Defense Secretary Leon Panetta and the Defense Department, claiming a provision of the act, signed into law Dec. 31, puts them in fear that they could be arrested and held by U.S. armed forces.

The complaint was filed Jan. 13 by a group including former New York Times reporter Christopher Hedges. The plaintiffs contend a section of the law allows for detention of citizens and permanent residents taken into custody in the U.S. on “suspicion of providing substantial support” to people engaged in hostilities against the U.S., such as al-Qaeda.

“The statute at issue places the public at undue risk of having their speech chilled for the purported protection from al-Qaeda, the Taliban, and ‘associated forces’ - i.e., ‘foreign terrorist organizations,’” Forrest said in an opinion today. “The vagueness of Section 1021 does not allow the average citizen, or even the government itself, to understand with the type of definiteness to which our citizens are entitled, or what conduct comes within its scope.”

Enforcement Blocked Forrest’s order prevents enforcement of the provision of the statute pending further order of the court or an amendment to the statute by Congress.

Ellen Davis, a spokeswoman for U.S. Attorney Preet Bharara in Manhattan, declined to comment on the ruling.

The plaintiffs claim Section 1021 is vague and can be read to authorize their detention based on speech and associations that are protected by the First Amendment to the Constitution.

Hedges and two other plaintiffs testified in a hearing before Forrest in March, the judge said. A fourth plaintiff submitted a sworn declaration. The government put on no evidence, Forrest said.

Forrest, an Obama appointee who has served on the Manhattan federal court since October, rejected the government’s arguments that the plaintiffs lacked standing to sue over the law and that it merely reaffirmed provisions in an earlier law, the 2001 Authorization for Use of Military Force, which was passed in the wake of the Sept. 11, 2001, terrorist attacks.

Plaintiffs’ Activities In her opinion, Forrest said the government declined to say that the activities of Hedges and the other defendants don’t fall under the provision. Forrest held a hearing in March at which government lawyers didn’t call any witnesses or present evidence, according to the judge. The government did cross- examine the plaintiffs who testified and submitted legal arguments.

“The government was given a number of opportunities at the hearing and in its briefs to state unambiguously that the type of expressive and associational activities engaged in by plaintiffs -- or others -- are not within Section 1021,” Forrest said. “It did not. This court therefore must credit the chilling impact on First Amendment rights as reasonable -- and real.”

Hedges, who testified he has been a foreign news correspondent for 20 years, said he has reported on 17 groups that are on a State Department list of terrorist groups. Hedges testified that after the law was passed, he changed his dealings with groups he had reported on, Forrest said.

“I think the ruling was not only correct, but courageous and important,” Hedges said in a telephone interview today.

The case is Hedges v. Obama, 12-CV-00331, U.S. District Court, Southern District of New York (Manhattan).

To contact the reporters on this story: Bob Van Voris in Manhattan federal court at rvanvoris@bloomberg.net; Patricia Hurtado in Manhattan federal court at phurtado@bloomberg.net.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: Capitalist Eric (#0)

U.S. District Judge Katherine Forrest in Manhattan today ruled in favor of a group of writers and activists who sued President Barack Obama, Defense Secretary Leon Panetta and the Defense Department, claiming a provision of the act, signed into law Dec. 31, puts them in fear that they could be arrested and held by U.S. armed forces.

But the REAL issue is with a CONGRESS that presented the legislation for enactment.

Doesn't anyone here realize that a STUPID, BUNGLING PRESIDENT didn't make this SHIT up? It was all CONGRESS.

buckeroo  posted on  2012-05-16   20:13:50 ET  Reply   Trace   Private Reply  


#2. To: Capitalist Eric (#0)

news.yahoo.com/federal-ju...-amendment-233222966.html

Same story but with a few more details from the judge, etc.

SJN  posted on  2012-05-17   11:06:24 ET  Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com