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

'You should never play in the NFL again. Move to Canada': 49ers fans burn Kaepernick jerseys to the national anthem after the $114million sport star refused to stand 'to protest black oppression'

Patent No. 6,630,507: Why the U.S. government holds a patent on cannabis plant compounds

Michele Bachmann Joins Trump’s Clown Car of Advisors

Man arrested for providing "really hot sex" to fags

The Glenn Beck Blitz: 2016 candidate Darrell Castle 08 24 16

Washington State Law for Potheads

New Black Panther Leader Quanell X: Trump Is Right About Democrats Exploiting Black Votes

Surprise: Gun ownership rises to 44% of all homes

Trump allies leave key question about his deportation policy unresolved

Weekend Joke

Trump Wants Police to Keep Getting Military Equipment From the Pentagon

As Fed nears rate hikes, policymakers plan for 'brave new world'

Global central bankers, stuck at zero, unite in plea for help from governments

Hillary’s Health: Emails Show Clinton Obsessed with Sleep, “Exotic Drugs”

Revealed: How Jack the Ripper fled to YORKSHIRE to continue his killing spree - but was finally hanged in Australia

Voodoo doll, lizard carcass left outside Tybee Island Police Department

23 Health Benefits Of Marijuana

Jim Robinson is getting desperate

Fast & Furious Was Child’s Play — Pentagon “Lost” 700,000 Guns in Iraq and Afghanistan

Cops Kick In Door, Assault, & Pepper Spray Innocent 84 yo Grandma

n 1920, postmenopausal women with chips on their shoulders took to the streets to rejoice in the passing of the Prohibition amendment. Those who opposed the constitutional ban went underground, seeking a respite in speakeasies that provided bootlegge

Washington Tells DEA to Shove It, Will Conduct Cannabis Research in Violation of the Law

Industrial strength data-erasing software company BRAGS that Hillary Clinton used their product to 'wipe' her email server

'I ask Allah to deliver America to Trump': ISIS jihadis pray for The Donald to win the election because 'it will be great for recruitment'

Why can't TV sitcoms be this funny anymore?

Teen Homosexuality Jeopardizes Health

Top Clinton Foundation Donor Received $10 Million in Taxpayer Money for Failed Haiti Project

US: Clinton Calendars Won’t Be Released Until after Election

Afghanistan: The Making of a Narco State

The One Trillion Dollar War - Nothing To Show For It

EXCLUSIVE: Bill Clinton bombed Saddam to distract from the Monica Lewinsky scandal - what Huma Abedin's Muslim journal claimed about her boss's husband

Maine Gov. Paul LePage leaves obscene voicemail, talks of shooting lawmaker

Report: All Of The “KKK Members” In Hillary Clinton’s New Trump Attack Ad Are PAID ACTORS

Trump's big immigration reversal shaped by Christie, Giuliani says

Obama on national deficit: I didn’t build that

Hillary Clinton has an accomplishment.

Sarah Palin Warns of ‘Massive Disappointment’ if Donald Trump Eases Immigration Policy

Clinton hits new roadblocks in campaign for White House

The crazy, conspiratorial, paranoid world of Hillary Clinton

Hillary Clinton: The pioneer of the Alt-Left

CNN Cancels Dr. Drew's Show One Week After He Voiced "Grave Concern" For Hillary's Health

Mom Arrested for Leaving Kids Alone in the House While She Went Out for Food

Hillary Clinton Pegged as ‘Islam’s Whore’ and Check Out NY Post’s OMG Cigar Cover (Selling America)

Obama’s Legacy: A More Vulnerable America

Assassination attempt on Angela Merkel

Hillary Clinton needs a stool step to get in & out of her car

Flashback: Democrat Attorney and Clinton Campaign Manager on Voter Registration Laws: “Whatever You Can Get Away With, Just Do It!”

C*cks Not Glocks: Univ. of Texas Austin Students Protest Gun Law with Open Dildo Carry (Poster Banned From FR)

Philippines steps up the rage

Any Truth?


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: 1444
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