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

LEAKED Flight Info of #Ebola Dallas Patient

Georgia woman mistakenly jailed for more than a month after cops confused SpaghettiOs for meth

A U-Turn for a Terminal Built in Texas to Import Natural Gas

The American Flag Under Obama

Oklahoma Beheading Suspect Alton Nolen's Mom Responds

James Traficant, convicted ex-congressman, dies

How To Make A Survival Pocket Waterfilter (video)

Astronomy Picture of the Day Earth at Equinox

Russian draft law would allow seizure of foreign property

Home Depot Embraces Sharia Law With Forced ‘Muslim Sensitivity Training’

Video: Israeli drone captures Hamas Forces Having Sex With Goats

Hillary Clinton "“Dear Saul,” she began. “When is that new book [Rules for Radicals] coming out—or has it come and I somehow missed the fulfillment of Revelation?”

Video: GRAPHIC: Mexican Terrorist Cartel Beheads 4 Women In Message To America

Rick Perry Defends In-State Tuition for Illegals, Despite Tough Border Talk

Vile ad bounces off McSally, sticks to Gabby Giffords

Voting “Yes” On Washington’s I-594 Is Choosing To Live As A Slave

Machine Your Own Billet Receivers In Class at CMT Tactical

[Video] NRA’s Colion Noir Calls Out New Jersey on “Ray Rice & Gun Control” (Chris Christie's Gun Control Police State)

When police are standing right there, they will wait for backup and let you die…

What John Quincy Adams Said About Immigration Will Blow Your Mind

Nigel Farage: Stop opposing Vladmir Putin in Ukraine and join forces to defeat Islamic terrorists

G20 nations want Vladimir Putin at summit despite Ukraine tensions

Congressman MIke Turner Betrays Country Votes To Fund ISIS

Fat Dyke Executed In Texas For Starving 9 year old kid (The Dyke Is Dead Hooray))

Gumballs to represent immigration

Terrorist Exchanged For Bowe Bergdahl Now Top ISIS Commander

He's More Powerful Than Ever!

shocking execution of 300 Syrian soldiers, ISIS parade captured Kurds then behead one on video

Samsung SGR-A1 Robot Sentry Shoots Targets from 2 miles away

9 Year Old Boy Slaps His Mom After Finding Her High On Heroine On The Street

Bombshell Emails: White House Coordinated With Department of Labor To Hide Illegal Obama Fundraiser Hilda Solis’ Schedule

President Ronald Reagan Tribute: Rare Footage of Him Speaking the Gospel - Inspirational Videos

Nigel Farage Speaks at Garden Event

World’s first 3D-printed car unveiled in Chicago

Breitbart is here — and his name is Ted Cruz

Scientists turn textbook volcanic eruption theory on its head

Maxine Waters: Americans are Bigots for Opposing Sharia Law

The Witherspoon Institute Public Discourse home | about | archives | contact | support A Tale of Two Fathers: Silas Marner on the True Meaning of Fatherhood

The Illusion of Neutrality The secular state cannot be neutral in matters of religion.

ISIS Strikes Deal With Moderate Syrian Rebels: Reports (You know the ones that Obama is dealing with)

Lod All in all, Is a of low-information, low-IQ, moron. (Posts at freedom4dum explains it all)

Yahoo describes surveillance fight (Obama's Government Threattened Fines of $250,000 per day)

‘Vetted Moderate’ Free Syrian Army Commander Admits Alliance with ISIS, Confirms PJ Media Reporting

Decriminalize, Regulate Heroin, Cocaine, Commission Says

The question is: will Justice Gindburg get a chance to explain her point of view to her Maker? Or, will she just go straight to Hell

Bill Maher absolutely crushes Charlie Rose for comparing Islam to Christianity

Dawkins Becomes a Creationist

The Big Spender

U.S. judge re-sentences Jose Padilla to 21 years on terrorism charges

Chick-fil-A founder S. Truett Cathy has died


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: 482
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