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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe NDAA lawsuit achieved an injunction on section 1021 of the NDAA
http://www.courthousenews.com/2012/05/16/46550.htmA federal judge granted a preliminary injunction late Wednesday to block provisions of the 2012 National Defense Authorization Act that would allow the military to indefinitely detain anyone it accuses of knowingly or unknowingly supporting terrorism.
Signed by President Barack Obama on New Year's Eve, the 565-page NDAA contains a short paragraph, in statute 1021, letting the military detain anyone it suspects "substantially supported" al-Qaida, the Taliban or "associated forces." The indefinite detention would supposedly last until "the end of hostilities."
In a 68-page ruling blocking this statute, U.S. District Judge Katherine Forrest agreed that the statute failed to "pass constitutional muster" because its broad language could be used to quash political dissent.
"There is a strong public interest in protecting rights guaranteed by the First Amendment," Forrest wrote. "There is also a strong public interest in ensuring that due process rights guaranteed by the Fifth Amendment are protected by ensuring that ordinary citizens are able to understand the scope of conduct that could subject them to indefinite military detention."
Weeks after Obama signed the law, Pulitzer Prize-winning journalist Chris Hedges filed a lawsuit against its so-called "Homeland Battlefield" provisions.
Several prominent activists, scholars and politicians subsequently joined the suit, including Pentagon Papers whistle-blower Daniel Ellsberg; Massachusetts Institute of Technology professor Noam Chomsky; Icelandic parliamentarian Birgitta Jonsdottir; Kai Wargalla, an organizer from Occupy London; and Alexa O'Brien, an organizer for the New York-based activist group U.S. Day of Rage.
Signed by President Barack Obama on New Year's Eve, the 565-page NDAA contains a short paragraph, in statute 1021, letting the military detain anyone it suspects "substantially supported" al-Qaida, the Taliban or "associated forces." The indefinite detention would supposedly last until "the end of hostilities."
In a 68-page ruling blocking this statute, U.S. District Judge Katherine Forrest agreed that the statute failed to "pass constitutional muster" because its broad language could be used to quash political dissent.
"There is a strong public interest in protecting rights guaranteed by the First Amendment," Forrest wrote. "There is also a strong public interest in ensuring that due process rights guaranteed by the Fifth Amendment are protected by ensuring that ordinary citizens are able to understand the scope of conduct that could subject them to indefinite military detention."
Weeks after Obama signed the law, Pulitzer Prize-winning journalist Chris Hedges filed a lawsuit against its so-called "Homeland Battlefield" provisions.
Several prominent activists, scholars and politicians subsequently joined the suit, including Pentagon Papers whistle-blower Daniel Ellsberg; Massachusetts Institute of Technology professor Noam Chomsky; Icelandic parliamentarian Birgitta Jonsdottir; Kai Wargalla, an organizer from Occupy London; and Alexa O'Brien, an organizer for the New York-based activist group U.S. Day of Rage.
So far so good.
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The NDAA lawsuit achieved an injunction on section 1021 of the NDAA (Original Post)
Luminous Animal
May 2012
OP
FiveGoodMen
(20,018 posts)1. Let's hope that ruling stands!
DirkGently
(12,151 posts)2. Small step in the right direction.
Luminous Animal
(27,310 posts)3. Glenn Greenwald weighs in with some details.
http://www.salon.com/2012/05/16/federal_court_enjoins_ndaa/singleton/
Lots more at the link.
The ruling was a sweeping victory for the plaintiffs, as it rejected each of the Obama DOJs three arguments: (1) because none of the plaintiffs has yet been indefinitely detained, they lack standing to challenge the statute; (2) even if they have standing, the lack of imminent enforcement against them renders injunctive relief unnecessary; and (3) the NDAA creates no new detention powers beyond what the 2001 AUMF already provides.
Lots more at the link.
99th_Monkey
(19,326 posts)4. Woot! Way to go Chris Hedges, you rock. ~nt
pinboy3niner
(53,339 posts)5. K&R
lib2DaBone
(8,124 posts)6. It's about time....
Shame on Mr. Obama for signing this POS in the first place.