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

Donald Trump, Draft Dodger: Why It Matters

Americans Who Opt Out of Medicare Must Forfeit Social Security Benefits

Chief Of The CIA’s ‘Bin-Laden’ Unit Tells The World That Al-Qaeda Never Existed

SiriusXM suspends Glenn Beck after guest's Trump comments

POLL: Paul Ryan Is CRUSHING His Trump-Supporting Primary Challenger BY 73 POINTS

BREXIT: Will There Always Be an England?

WSJ’s Stephens: Trump Must Be ‘Decisively Rebuked’ So Republican Voters ‘Learn Their Lesson’

Islamic State Jihadi Posts Slaves for Sale on Facebook

Do “Blue Lives” Matter?

Do “Blue Lives” Matter?

I Don’t Appreciate the Military

Bill Kristol Announces That ‘There Will Be An Independent Candidate’ To Sabotage Donald Trump

Swiss village chooses to pay £200,000 fine instead of accepting 10 refugees as 'they won't fit in'

Holder: Snowden did 'service,' but should still be punished

A 22-year-old 'molded' to vote for Hillary Clinton explains why he and his wife are supporting Trump

Gary Johnson Shoots Himself in the Foot: Throws Out Austin Petersen’s Gun

Stephen Hawking baffled by dynamics of Trump's popularity

The elite one-percent’s ‘Orgy Island’ exposed… you won’t believe this!

Cops Attack Elderly Vietnam Vet at Hospital Over Misunderstanding at Metal Detector

San Diego Cop Makes Instagram Post Begging for a Riot So She Can Hurt People at Trump Protest

It's not as bad as it looks.

D.C. concealed carry applications soar while ‘good reason’ requirement not enforced

Western Europeans Flock To Christian, Traditionalist Hungary To Escape Migrant Crisis

Libertarian Party chair candidate strips on stage at national convention

Black Outrage Over Gorilla Shot To Protect ‘White Privilege’. Just One Problem…

Gunman Among at Least 2 Dead in Texas Shooting That Left 6 Injured: 'They Were Shooting Randomly, Just at Whoever'

Libertarian Party Selects Gary Johnson, William Weld For Presidential Ticket

700 migrants drown

Ron Paul — “This Current Election Cycle Represents the Dumbing Down of America”

Vulgar anti-Trump protester gets his comeuppance and then whines for help like a faggot

18 U.S. Code § 2071 - Concealment, removal, or mutilation generally

Woman Asks A Republican For Directions, What Followed Is PURE GOLD!

Senate sleuths focus on ex-State Department aide in Clinton email ‘cover-up’

Louisiana lawmaker labels Declaration of Independence racist in debate

Time to care about damn emails: Hillary Clinton has a serious legal problem

State Rep Makes Epic Video Explaining Why You Should Never Pay Red Light Tickets — Sets His On Fire

Cops Murder Woman’s Three Dogs, Shooting One Through a Locked Door — To Look for Pot

Lyin' Donald: 101 Of Trump's Greatest Lies

Next EU Prez: ‘Islam Has No Place’… ‘Migrants Change The Character Of Our Country’

Hilariously inappropriate Commercial!

Never mind Trump, GOP uniting under banner: 'Never Hillary'

Venezuela Drifts Into New Territory: Hunger, Blackouts and Government Shutdown

Louisiana Passes ‘Blue Lives Matter’ Law To Make Attacking Cops A Hate Crime

'Pharma bro' Martin Shkreli announces support for Donald Trump

War Crimes of Imperial Japan: A Lesson In Moral Equivalence for Mr. Obama

C3 Corvette Barn Find Represents Awesome Americana at Its Best

Clinton Email Trouble Deepens, Bill Gross Economic Warning, Bathroom Gender Endgame

Does the Libertarian Party Finally Have a Chance?

This asshole Obama is using a scorched earth policy

Cop Snaps, Almost Hits Pedestrian in Crosswalk, Then Attacks Him in a Fit of Road Rage


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: 1392
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