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Tue Feb 12, 2013, 10:37 AM

Every Leftwing Activist needs 2 watch: NDAA Lawsuit- Hedges v. Obama, The Last Thin Line of Defense

NDAA Lawsuit- Hedges v. Obama

Chris Hedges is joined in this lawsuit by Noam Chomsky, Daniel Elsberg, Birgitta Jonsdottir (Parliament, Iceland), Alex O'Brien (founder of US Day of Rage/USDOR), Tangerine Bolen (Founder of Revolution Truth), Kai Wargalia (OccupyLondon), Cornel West. Bruce Afran and Carl Mayer are their attorneys.

This press conference was filmed after the appeals hearing at US 2nd Circuit Court of Appeals in Manhattan on 6 February 2013.

Part 1
What is the NDAA and why is the Obama Administration being sued? Attorneys for the plaintiffs, Bruce Afran and Carl Mayer, explain what is at stake in this federal lawsuit.

Part 2
Chris Hedges, lead plaintiff, speaks out about why he is suing the Obama Administration over the indefinite detention provision of the 2012 NDAA.

Part 3
Daniel Ellsberg, writer and Pentagon Papers whistleblower speaks out about why he is involved in the NDAA lawsuit against the Obama Administration.

Part 4
Alexa O'Brien, journalist and founder of US Day of Rage, explains why she joined the NDAA lawsuit against the Obama Administration.

Part 5
Thomas Drake, former Senior Executive of the National Security Agency (NSA), decorated United States Air Force and United States Navy veteran, and NSA whistleblower, explains why he is an ardent supporter of the NDAA lawsuit against the Obama Administration.

Part 6
Supporters of the NDAA lawsuit include Jacob Applebaum, computer security researcher, and Jesselyn Radack, former Ethics Adviser to the US Department of Justice and whistleblower.

49 replies, 3693 views

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Reply Every Leftwing Activist needs 2 watch: NDAA Lawsuit- Hedges v. Obama, The Last Thin Line of Defense (Original post)
Catherina Feb 2013 OP
green for victory Feb 2013 #1
Catherina Feb 2013 #6
Mojorabbit Feb 2013 #48
KG Feb 2013 #2
ReRe Feb 2013 #24
forestpath Feb 2013 #3
libtodeath Feb 2013 #4
Puzzledtraveller Feb 2013 #5
Catherina Feb 2013 #7
ProSense Feb 2013 #25
Myrina Feb 2013 #30
Catherina Feb 2013 #35
xiamiam Feb 2013 #10
ReRe Feb 2013 #29
Puzzledtraveller Feb 2013 #31
ReRe Feb 2013 #34
Hell Hath No Fury Feb 2013 #8
xiamiam Feb 2013 #9
Catherina Feb 2013 #12
xiamiam Feb 2013 #20
Catherina Feb 2013 #37
Catherina Feb 2013 #11
ProSense Feb 2013 #14
DeSwiss Feb 2013 #22
arthritisR_US Feb 2013 #13
progressoid Feb 2013 #15
Fire Walk With Me Feb 2013 #16
Catherina Feb 2013 #18
Fire Walk With Me Feb 2013 #21
Catherina Feb 2013 #38
ReRe Feb 2013 #43
cali Feb 2013 #17
Catherina Feb 2013 #36
DeSwiss Feb 2013 #19
JEB Feb 2013 #23
docgee Feb 2013 #26
WillyT Feb 2013 #27
Puzzledtraveller Feb 2013 #28
Zorra Feb 2013 #32
limpyhobbler Feb 2013 #33
ReRe Feb 2013 #39
xiamiam Feb 2013 #42
ReRe Feb 2013 #44
Tierra_y_Libertad Feb 2013 #40
Catherina Feb 2013 #41
green for victory Feb 2013 #45
Fantastic Anarchist Feb 2013 #46
donheld Feb 2013 #47
Le Taz Hot Feb 2013 #49

Response to Catherina (Original post)

Tue Feb 12, 2013, 11:22 AM

1. huge k/r

 



Thank you for posting what you do. You're D'renaissance!

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Response to green for victory (Reply #1)

Tue Feb 12, 2013, 11:40 AM

6. The time is major. MAJOR!

Thank you. I try. Rage against the dying of the 5th Amendment.


No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

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Response to Catherina (Reply #6)

Wed Feb 13, 2013, 03:09 AM

48. +100 nt

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Response to Catherina (Original post)

Tue Feb 12, 2013, 11:23 AM

2. not a single sensible woodchuck amongst them...

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Response to KG (Reply #2)

Tue Feb 12, 2013, 01:04 PM

24. Not one!

(I seen the cartoon you posted)

Edited to correct sp

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Response to Catherina (Original post)

Tue Feb 12, 2013, 11:30 AM

3. K&R

 

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Response to Catherina (Original post)

Tue Feb 12, 2013, 11:31 AM

4. K&R

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Response to Catherina (Original post)

Tue Feb 12, 2013, 11:36 AM

5. Can't say I'm surprised by the low recs this is receiving

sadly, but the meter would be off the charts if it was the other way around.

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Response to Puzzledtraveller (Reply #5)

Tue Feb 12, 2013, 11:50 AM

7. It should chill every Liberal that the 2 Senators desperate to argue in the hearing = McCain, Graham

Last edited Tue Feb 12, 2013, 01:46 PM - Edit history (1)

This is as sick as it gets but I know they'll outdo themselves.

It should chill every Liberal to see that the 2 criminals McCain and Lindsey Graham were desperate to defend the Obama administration in court that day. (First video, minute 8:32)

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Response to Catherina (Reply #7)

Tue Feb 12, 2013, 01:07 PM

25. They were not

"It should chill every Liberal to see that two of the lawyers defending the Obama administration in court are the criminals John McCain and Lindsey Graham. "

...arguing the Obama administration's case. In fact, the administration objected to their appearance.


<...>

The three amici filed their motion December 26, requesting for 10 minutes of argument time. They argue that their participation is warranted for two reasons: because they have a “unique understanding of the meaning and purpose of” the indefinite detention section of the NDAA and will be able to “address the broader policy dispute that led to the provision” and because they have “a direct and distinct interest in preserving Congress’s power to authorize exercise of the President’s war powers in such detail and in such ways as Congress sees fit” – as opposed to the executive branch’s interest, which “is preservation of the President’s flexibility in the interpretation and execution of war powers authorizations, a quite different matter and one that is in some conflict with Congress’s institutional interests.”

The administration’s attorneys filed a brief opposing the inclusion of the Senate amici in the oral argument hearing on January 3. They argue that the senators have no standing as individual members of the Senate to intervene and argue orally in the case and that they aren’t authorized to speak for the legislative body, which has shown itself to be sharply divided on several issues. The administration also argues that the three amici are offering policy views “that should properly be aired in the political branches, not the judiciary,” and that their brief reiterates the administrations. But the administration’s most cogent argument against allowing the senators to intervene is that their comments on the Senate floor actually substantiate Hedges’ claims and undermine the administration’s position. “Senator Graham acknowledged on the floor of the Senate that under the text of the NDAA a citizen may well fear ‘being picked up by a rogue executive branch’ – not just by a rouge ‘official’ but by a ‘rogue executive branch’ – for protected political activities, under Section 1021,” the administration’s attorneys write in a huff. “In this regard, Senator Grahams’ remarks actually endorse the points raised by the plaintiffs and recognized by the district court.”

- more -

http://indiancountrytodaymedianetwork.com/2013/01/12/sens-mccain-graham-ayotte-seek-oral-argument-time-ndaa-lawsuit-146927


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Response to Catherina (Reply #7)

Tue Feb 12, 2013, 01:20 PM

30. McCain & Graham are lawyers?

Huh?

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Response to Myrina (Reply #30)

Tue Feb 12, 2013, 01:42 PM

35. No. I was being facetious

because they're the two Senators who were desperate to argue in the case that day. I'll put it in quotes or something so it's clearer. That was a fail on my part. Thanks for pointing it out.

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Response to Puzzledtraveller (Reply #5)

Tue Feb 12, 2013, 12:19 PM

10. its changed..never to return..what remains the same is the format and ability to discuss and share

those who use it are not the same as before as its abused and become trite in many aspects...the good thing about that is that i dont spend so much time here ..dont take it seriously..do your homework..truth will out...eventually

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Response to Puzzledtraveller (Reply #5)

Tue Feb 12, 2013, 01:16 PM

29. Let me see...

Catherina posted that at 10:37am today, and it's now approx 1:15 pm same day and has some 34 recs and that's a low number in your eyes? I don't agree with your criticism. Most people are at work in the middle of the day and don't check in until the evening.

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Response to ReRe (Reply #29)

Tue Feb 12, 2013, 01:20 PM

31. It was a passioned response I admit.

I acquiesced and posted again to applaud the exposure it has got.

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Response to Puzzledtraveller (Reply #31)

Tue Feb 12, 2013, 01:36 PM

34. ;-)

Very respectfully, thank you! All is forgiven.

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Response to Catherina (Original post)

Tue Feb 12, 2013, 11:57 AM

8. A huge thank you to the Plaintiffs -

Someone is still on OUR side.

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Response to Catherina (Original post)

Tue Feb 12, 2013, 12:14 PM

9. there is also a panel discussion on the same day..i googled and found it on you tube

i would link it but i watched several un edited from different hand held videos and i kept jumping around until I completed watching the entire discussion..which in addition to this group included Michael Moore. It's an important discussion. The general starting point mindset is that a corporate coup has occurred and what do we now. No one on that panel or the audience is under any illusions about Obama so no time was wasted dealing with those who dont know whats going on or try to defend because hes a democrat etc. I was relieved to witness and feel a part of the energy and intelligence of that panel. google ndaa panel discussion 2013

and thanks for posting this

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Response to xiamiam (Reply #9)

Tue Feb 12, 2013, 12:22 PM

12. Please link it anyway. Maybe we can find a better copy

This is so important. Wake up America. Wake up!

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Response to Catherina (Reply #12)

Tue Feb 12, 2013, 12:50 PM

20. ok..here ya go



the above link is from occupy tv and appears to be the best version but i couldnt get any sound

the next link is



both of them have several parts and i encourage watching the entire discussion.

you're right catherina, its so much more important than the media coverage or even the attention given it here. There was a time when every aspect of this would have been discussed and applauded here. I don't expect that any longer. I found DU when there was a virtual media wall when covering Bush shenanigans and was relieved there was a forum where I could learn and vent.. We've got the same, albeit different, situation now. In some ways its worse because the republican democrat divide is still magnified as if there was a difference. It confuses the real problems. Google has become my dear friend and the issues which concern me are readily available.

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Response to xiamiam (Reply #20)

Tue Feb 12, 2013, 01:48 PM

37. Thank you xiamiam. I have to run an errand and will listen to it as soon as I get home

Thanks

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Response to Catherina (Original post)

Tue Feb 12, 2013, 12:21 PM

11. The only thing more craven then Obama signing the NDAA into law is the total lack of media coverage

...

The only thing more craven then Obama signing the NDAA into law is the total lack of any coverage by the corporate media, which has proven itself to be nothing more than the propaganda arm of the corporate state. There were no cameras from NBC, ABC, CBS, FOX or CNN in front of the courthouse. The reporters were from Democracy Now!, RT, WBAI and various other independent media outlets. But worse still is the complete denial on the part of the American public that anything out of the ordinary is going on. The willful ignorance of American’s is astounding to me. We’ve become a nation of zombies.

... Obama’s extended the wars, created new wars, extended the Bush tax cuts for the rich, gave additional bail out money to the banks, allowed the health insurance industry to write the healthcare bill, extended the PATRIOT Act, escalated drone attacks (6 times more frequently than Bush) and prosecuted twice as many whistle-blowers under the Espionage Act of 1917 as all other presidents combined. Obama has assassinated three US citizens without due process and now wants to carry this draconian power out at home and to that end signed the NDAA into law and amazingly still finds time to ruminate over his ‘kill list’ on ‘Terror Tuesdays.’

Under his watch not one member of the Bush Administration has been held accountable for leading us into wars built on false evidence and lies; not one banker's been held accountable for the fraud and corruption that brought down the global economy.

...

Is the American public willfully ignorant or just ignorant? Or as a friend of mine told me when we were arguing over Mr. O and his policies. “Well, I don’t want to know. I’m happy with my little life and if I know I’ll just be depressed.” Perhaps that’s the same logic the Germans used as Hitler came to power and began systematically stripping away civil liberties and silencing all dissent. I used to wonder how the Germans could remain silent with all that transpired but now see it happening here in the US and I’m truly amazed and pissed off by our complicity in this corruption.

..


Jill Dalton is a recovering army brat/writer/performer who has appeared in film and television as well as performing her solo plays in New York and around the country. Most recently she can be seen in and consulted for William Hurt on the HBO film, “Too Big To Fail.” Her articles have been published on: Dandelion Salad, RSN, OpEdNews Progressive Activists Voice & NationofChange. Her book, Is It Fascism Yet? is available on Amazon.com

http://www.activistpost.com/2013/02/ndaa-hedges-v-obama-did-bill-of-rights.html


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Response to Catherina (Reply #11)

Tue Feb 12, 2013, 12:32 PM

14. Actually, the only thing more craven is that it passed the Senate with 83 votes

I remember the extensive discussion at the time. The President also issued a signing statement rejecting the controversial aspects (he was slammed for that).

One thing is certain given the amount of support this has in Congress, this issue isn't going away based on an executive order or signing statement.

Is the American public willfully ignorant or just ignorant? Or as a friend of mine told me when we were arguing over Mr. O and his policies. “Well, I don’t want to know. I’m happy with my little life and if I know I’ll just be depressed.” Perhaps that’s the same logic the Germans used as Hitler came to power and began systematically stripping away civil liberties and silencing all dissent. I used to wonder how the Germans could remain silent with all that transpired but now see it happening here in the US and I’m truly amazed and pissed off by our complicity in this corruption.

I always confuse President Obama with Hitler.

STATEMENT OF ADMINISTRATION POLICY
S. 3254 – National Defense Authorization Act for FY 2013
(Sen. Levin, D-MI)

The Administration appreciates the Senate Armed Services Committee's continued support for our national defense and supports a large number of the provisions in S. 3254, the National Defense Authorization Act for FY 2013, such as its support for both the base budget and for overseas contingency operations; the Administration's initiative to modernize the military retirement system; and authorities that enhance the Department of Defense's (DOD's) ability to operate in unconventional and irregular warfare, counter unconventional threats, or support contingency or stability operations. However, while there are numerous areas of agreement with the Committee, the Administration has serious concerns with provisions that: (1) depart from the President's FY 2013 Budget request; (2) constrain the ability of the Armed Forces to carry out their missions consistent with the new defense strategy; and (3) limit key authorities of the Executive. If the bill is presented to the President for approval in its current form, the President's senior advisers would recommend that the President veto the bill. The Administration strongly supports the overall goals of this legislation and looks forward to working with the Congress to address these and other concerns, a number of which are outlined in more detail below, and eventually signing this important legislation.

Detainee Matters: The Administration strongly objects to section 1031's restrictions on the use of funds to transfer detainees from the detention facility at Guantanamo Bay to foreign countries. When he signed past versions of this legislation, the President objected to the restrictions carried forward by section 1031, promised to work towards their repeal, and warned the Congress that the restrictions on transferring detainees from Guantanamo Bay to foreign countries would in certain circumstances interfere with constitutional responsibilities committed to the Executive Branch. Since these restrictions have been on the books, they have limited the Executive's ability to manage military operations in an ongoing armed conflict, harmed the country's diplomatic relations with allies and counterterrorism partners, and provided no benefit whatsoever to our national security. The Administration continues to believe that restricting the transfer of detainees to the custody of foreign countries in the context of an ongoing armed conflict interferes with the Executive's ability to make important foreign policy and national security determinations, and would in certain circumstances violate constitutional separation of powers principles. The Administration also continues to oppose the prohibition on funding to construct, acquire or modify a detention facility in the United States to house any individual detained at Guantanamo, which shortsightedly constrains the options available to military and counterterrorism professionals to address evolving threats. The restrictions carried forward by section 1031 were misguided when they were enacted and should not be renewed.

- more -

http://www.whitehouse.gov/sites/default/files/omb/legislative/sap/112/saps3254s_20121129.pdf


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Response to Catherina (Reply #11)

Tue Feb 12, 2013, 01:02 PM

22. Upfist!



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Response to Catherina (Original post)

Tue Feb 12, 2013, 12:31 PM

13. K & R, your "anemic democracy" is at stake!

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Response to Catherina (Original post)

Tue Feb 12, 2013, 12:34 PM

15. Bah. Whiners that just want their pony.




just in case it wasn't obvious:

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Response to Catherina (Original post)

Tue Feb 12, 2013, 12:40 PM

16. Anonymous found that one senator who voted for NDAA had received a quarter-million dollar donation

 

from a night-vision tech company, which subsequently received a lucrative contract.

Separate but related story:

"The national security state has an annual budget of around $1 trillion."

Meet the Contractors Turning America's Police Into a Paramilitary Force

January 30, 2013 |
The national security state has an annual budget of around $1 trillion. Of that huge pile of money, large amounts go to private companies the federal government awards contracts to. Some, like Lockheed Martin or Boeing, are household names, but many of the contractors fly just under the public's radar. What follows are three companies you should know about (because some of them can learn a lot about you with their spy technologies).

http://www.alternet.org/meet-contractors-turning-americas-police-paramilitary-force?paging=off

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Response to Fire Walk With Me (Reply #16)

Tue Feb 12, 2013, 12:46 PM

18. Which one was that? Who? n/t

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Response to Catherina (Reply #18)

Tue Feb 12, 2013, 12:56 PM

21. Anonymous: Night Raid Equipment-Maker Lobbied for NDAA, Singles Out Sen. Rob Portman.

 

http://www.dailykos.com/story/2011/12/19/1046972/-Anonymous-Night-Raid-Equipment-Maker-Lobbied-for-NDAA-Singles-Out-Sen-Rob-Portman#

Anonymous singles out Sen. Rob Portman (R-OH) for receiving a particularly large sum from companies and PACs lobbying for the NDAA. From the RT report:

Robert J. Portman...we are truly disturbed by the ludicrous $272,853 he received from special interest groups supporting the NDAA bill that authorizes the indefinite detention of U.S. citizens on U.S. soil.

Even in Washington terms, over a quarter million is a ridiculous amount of money from special interest groups supporting an issue to any single legislator. Congressmen have been bought for far less, with around $50,000 considered a serious ante at anyone's table, and much less merely keeping you in the game.

snip

“Among the supporters of NDAA are California-based manufacturer Surefire, L.L.C., who won a $23 million contract from the Department of Defense three months ago.

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Response to Fire Walk With Me (Reply #21)

Tue Feb 12, 2013, 01:49 PM

38. The corruption isn't even surprising anymore

but they all need to be exposed and punished. These are crimes against the people.

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Response to Fire Walk With Me (Reply #16)

Tue Feb 12, 2013, 02:46 PM

43. Government Contractors

Thanks so much for this link!

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Response to Catherina (Original post)

Tue Feb 12, 2013, 12:40 PM

17. Excellent and informative post. DU at its best.

Thanks for putting this together and posting it. I hope everyone reads/listens/watches.

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Response to cali (Reply #17)

Tue Feb 12, 2013, 01:47 PM

36. Thanks very much Cali

It's good to know we stand together.

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Response to Catherina (Original post)

Tue Feb 12, 2013, 12:48 PM

19. K&R

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Response to Catherina (Original post)

Tue Feb 12, 2013, 01:03 PM

23. Thanks for the excellent post.

Lots of information here that we all need to think about.

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Response to Catherina (Original post)

Tue Feb 12, 2013, 01:10 PM

26. kick

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Response to Catherina (Original post)

Tue Feb 12, 2013, 01:11 PM

27. HUGE K & R !!! - THANK YOU !!!





;donkey:

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Response to Catherina (Original post)

Tue Feb 12, 2013, 01:14 PM

28. Good to see some recs here, kickin it!

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Response to Catherina (Original post)

Tue Feb 12, 2013, 01:24 PM

32. KnR nt

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Response to Catherina (Original post)

Tue Feb 12, 2013, 01:26 PM

33. another MSM fail.

Liberals don't care about this because they only care what msnbc tells them to care about.

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Response to Catherina (Original post)

Tue Feb 12, 2013, 01:52 PM

39. Contrary to public opinion...

K&R

..... many would be surprised to know that all of the plaintiffs voted for PO. They are NOT against PO, as so many on DU presume. The plaintiffs are against the wording of the policy, which everyone here should realize was not written by PO himself. There are some issues that go way beyond politics, my friends. And this is one of them.

I have not heard one peep out of the mainstream press on this major issue of our time. Maybe some have, Lord knows I can't keep with all of them... It's not fair that I can only rec this once.

Thank you so much for keeping this subject on the front burner...

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Response to ReRe (Reply #39)

Tue Feb 12, 2013, 02:33 PM

42. all voted for him in 2008..and at least one, Michael Moore, in 2012..but not the majority

as a matter of fact, if you watch the panel discussion, you will find that addressed a few times..Ellsberg said that the alternative would have been worse although what we got is bad enough and Michael Moore was questioned about voting for Obama. Many voted third party.

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Response to xiamiam (Reply #42)

Tue Feb 12, 2013, 02:54 PM

44. Well, I heard Ellsberg say it...

... on one of the clips. OK... since you and I don't know the actual count, let's just say that most of them didn't vote fore Romney. How's that? Hopefully, someone will come up with an actually run down on their votes.

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Response to Catherina (Original post)

Tue Feb 12, 2013, 01:54 PM

40. Well, "Land of the free.." is soooo 19th century and the new Bogeyman is soooo scary.

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Response to Catherina (Original post)

Tue Feb 12, 2013, 01:54 PM

41. Unrelated but many thanks for all the hearts. It's a surprise and I'm humbled

Whoever my donors are, thank you from the bottom of my heart

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Response to Catherina (Original post)

Tue Feb 12, 2013, 07:04 PM

45. ^ for must see videos

 

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Response to Catherina (Original post)

Tue Feb 12, 2013, 07:38 PM

46. Heroes, all of them!

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Response to Catherina (Original post)

Tue Feb 12, 2013, 11:59 PM

47. Obama knew it was unconstitutional and would be thrown out.

That's just my opinion.

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Response to Catherina (Original post)

Wed Feb 13, 2013, 05:34 AM

49. HUGE K & R

Best, most comprehensive layout of the importance of NDAA I've ever seen. If we lose this case, we lose what's left of the last protections of our Constitution. NOTHING is more important than this issue. BTW, THIS is what left-wing activism looks like. Thank you for taking the time to post this.

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