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60. Federal Appeals Court Restores US Govt’s Indefinite Detention Power Previously Blocked by Judge

Federal Appeals Court Restores US Government’s Indefinite Detention Power Previously Blocked by Judge

By: Kevin Gosztola Wednesday July 17, 2013 3:29 pm

A court order enjoining the United State government from using a provision of the 2012 National Defense Authorization Act has been overturned by a federal appeals court.

The injunction issued by Judge Katherine B. Forrest was against Section 1021. That section authorized the President to “use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (AUMF), including “the authority of the Armed Forces of the United States to detain covered persons.” The section said a “covered person” was “a person who was part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.” Persons detained could be held without trial “under the law of war” until the “end of hostilities authorized by the AUMF.”

It was the result of a lawsuit filed on behalf of journalist Chris Hedges, Occupy London co-founder Kai Wargalla, WL Central writer and US Day of Rage founder Alexa O’Brien, Icelandic parliamentarian Birgitta Jonsdottir, Pentagon Papers whistleblower Daniel Ellsberg, author Noam Chomsky and Tangerine Bolen of RevolutionTruth.org.

President Barack Obama’s administration immediately appealed the permanent injunction issued by Forrest. And, on Tuesday, the US Court of Appeals for the Second Circuit concluded in their ruling that Forrest had made a mistake in her decision to grant standing to Hedges, O’Brien, Jonsdottir and Wargalla.

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http://dissenter.firedoglake.com/2013/07/17/federal-appeals-court-restores-us-governments-indefinite-detention-power-previously-blocked-by-judge/#