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

THE DEPLORABALL PRESENTED BY MAGA3X - WASHINGTON, DC

Pat Buchanan: Trump Read The Nation Right–That’s Why He’s Taking The Oath

“Now Mattis! Now Kelly! Now Sessions - Pruitt! ... On Perry! On Flynn --- You’re the ones who can do it !

Is tipping racist? Shake Shack CEO says customers SHOULDN'T leave cash for waiters because it 'harks back to the American Civil War'

Surveys Show Global Trust at All-Time Low as Central Governments Are Losing Control Worldwide

the reason Trump won...it's the reason dems won't get the white house again for at least 20 years, if not more...

Maybe people don't like ... men fellating each other - ass fucking --- you ever think of that.

Donald Trump is committed to globalisation, Davos told

Trump is urged to DANCE with Caitlyn Jenner at his inaugural ball to prove he's in touch with the LGBT community

CNN: Assassinating Trump Could Keep Obama Administration in Power (I posted this article this am on FR and was kicked off the site!)

'I'll be watching': Obama uses his final press conference to issue extraordinary warning to Trump that he will step in if he 'rounds up' children for deportation, hits voting rights or 'silences dissent'

Former President Bush moved to intensive care as wife Barbara also hospitalized

REPORT: ANTI-TRUMP OPERATIVES POISON INSIDER ROGER STONE

Roy Moore is ... the only one qualified to --- replace Scalia

Biden ... accused the Russian leader of trying to --- “roll back decades of progress.”

Ban rampaging blacks ... business improves --- Easy peasy.

Russia Snaps, Accuses UK, Germany And France Of "Grossly Interfering" In The US Election

Soul singer Sam Moore performing at inauguration event (Sam & Dave)

Why Do Jewish Leaders Want Anti-Israel Refugees?

White Gun Shop Owner Sh00ts & K!lls Would Be Thug Who Tried To Rob His Store & We Have The Footage!

Trump Press Secretary: Alternative Media,Bloggers To Become Part Of Press Corps

Innocent Woman Detained by Police & Ticketed — for Reciting Poetry on the Sidewalk

Apprentice Contestant Summer Zervos Slaps Donald Trump With Defamation Lawsuit

A reminder to take out the trash

Obama commutes sentence of Chelsea Manning

Wasting More Money on Climate Science Illustration

Preppers Stock Up On Guns, Food As Trumpocalypse Looms

Pat Buchanan:Reagan and Trump–American Nationalists

Judge Napolitano for SCOTUS? Meets with Trump [VIDEO]

Video of massive Florida ‘dinosaur’ gator creates buzz

Hey Big Spenders: Will Trump Continue the Bush-Obama Legacy?

Lie Detectors, Russian Spies, and an Expert in Kung Fu

National Academy of Sciences Issues Landmark Statement on the Therapeutic Value of Medical Cannabis

Donald Trump rattles Europe by branding the NATO alliance ‘obsolete’

Team Obama keeps laying new land mines for Trump

How to Test Gold & Silver at Home: 5 Proven Bullion Testing Methods

Do You Know Someone ... Suffering From “Trump Unacceptance & Resistance Disorder” --- (TURD)?

Happy Robert E. Lee Day

Will the CIA Assassinate Trump? “He’s Being Really Dumb For Questioning Russia Conclusions”

Nanny State Unhinged: School Employee Fired for Politely Correcting Student’s Spelling on Twitter

Time to Pay Attention: 8 Men Have as Much Money as Half the Entire World

How BHO Fundamentally Transformed the USA ... not in economics - government - foreign policy --- in cultural apocalypse - tyranny - aids !

When A Fugitive Dies, "Blue Privilege" Makes All the Difference

'He' Didn't Commit the Crime... 'They' Did --- Preferred Gender Pronouns confound in Berkeley murder case.

New Star to Appear in Night Sky, Heralding Balaam’s Prophecy of Messiah

Woman from SLO murdered in Berkeley ... criminal apologist --- whackkko political activist arrested

Donald Trump: Kremlin Employee of the Month?

Sharpton: 'Thank God we lived in the age of Obama' - Launches anti-Trump march along the National Mall

Juan Williams - In his hands ... civil rights have become --- swivel rights.

BREAKING: Russia releases picture of Trump with hooker!


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: 1518
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