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

Obama chides 2016 candidates for 'ridiculous,' 'sad' remarks

Can Sound Explain a 350-Year-Old Clock Mystery?

Bush, Walker, Paul in, Trump out of Voters First forum (The Donald bows out of NH debate)

Ohio Cops Hunt 70 Juveniles In Late Night "Mob And Rob" Of Circle K Store

Just When You Thought Fox Couldn’t Get Any Worse…

Donald Trump and the Fed-Up Crowd

Video: Chinese woman gets sucked inside escalator, dies saving 2-year-old son

1970s Coca Cola Commercial - "It's the Real Thing!" (sang by 'The Fortunes')

Witnesses say Confederate flag incited SB shooting

Forget Trump and Bernie: Here’s Why Clinton or Bush Will Be the Next President

The Surprisingly Strong Progressive Case For Donald Trump

Musk, Wozniak and Hawking urge ban on warfare AI and autonomous weapons

Police probe decapitation of Arizona woman and her dogs

Kathleen Willey Launches Anti-Xlinton Website

Scott Walker endorses Rubiocare: “I don’t know that we need ANY” border security

They’re All Government Motors Now

Army Ranger who shot dead NFL hero Pat Tillman in friendly fire reveals the guilt he still suffers and how PTSD from the accident ruined his career, marriage and health

Morton Downey Jr - Atheists

Kurdistan Army: Obama's villains besides the Kurds are: unborn babies, Christians, Patriots, anyone participating in the democratic process

STUNNING=> Obama Gives Turkey Green Light to Bomb Former US Soldiers Fighting ISIS

Jihadi John flees ISIS in fear of his own life

Trump Leads in New Zogby Poll

Cruz: McConnell Blocked Amendments for Kate’s Law, Defunding Planned Parenthood

Donald Trump Speaks His Mind Because He Does Not Have Handlers

Trump Will Win The Black Vote Lets stump for Donald Trump: he is the only one that will secure that damn border

The Ultimate Weekend Musick Thread

Speaking of Environmental Impact:: Anyone monitor their source of water?

“The Civil War never ended”: Jesse Jackson on the racist agenda that must come down with the Confederate flag

30 Reasons Why Saying “Don’t Want to Get Hurt By Cops? Don’t Break the Law” is an EPIC FAIL

Cops Go ‘Undercover’ as Homeless People in Elaborate Scheme to Separate You from Your Money

Poll: Donald Trump Leads GOP Field By Double Digits. Double the Support for Jeb Bush

Looks Like Biden's Running

So we’re apparently at war with Canada. Who knew? [Maine lobster war]

Donald Trump suggests 'merit system' for undocumented immigrants

A Guilty Elite: Immigration Beyond Economics

Fiat Chrysler will recall vehicles over hacking worries (1.4M to recieve USB flash drive - update)

Obama makes enormous financial commitment to Africa

Vigilante Gravediggers Start Exhuming First Grand Wizard Of KKK

Charles Haley told 49ers rookies to 'act like the white guys'

Tuba Player mocks KKK at Confederate Flag Rally

All dogs, and cats, and pigs, and goats, and cockroaches go to heaven: So says Pope Francis

Do You Know Why I’m Pulling You Over, Being Wildly Aggressive, And Charging You With Assault Today, Sir?

The ‘Donald Trump Act’ Just Passed The House By A Landslide, And Obama Doesn’t Like It One Bit

U.S. Preparing to Release Convicted Israeli Spy Jonathan Pollard, Officials Say

Ted Cruz TRASHES McConnell, Calls Him A Liar on Senate Floor, says he can’t be trusted

Watch The Fat Fuk Head Liberal Complain About Smoke From BBQ Grill

Major U.S. city Poised To Implement Islamic law

Revenge of the Radical Middle Column: Why Donald Trump Isn’t Going Away

Glenn Beck Program Bans Any Talk Of Trump [VIDEO]

The Coming of the Age of Gibberish


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: 1093
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