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Wed May 16, 2012, 06:33 PM

The NDAA lawsuit achieved an injunction on section 1021 of the NDAA

http://www.courthousenews.com/2012/05/16/46550.htm

A 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.


So far so good.

6 replies, 1480 views

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Reply The NDAA lawsuit achieved an injunction on section 1021 of the NDAA (Original post)
Luminous Animal May 2012 OP
FiveGoodMen May 2012 #1
DirkGently May 2012 #2
Luminous Animal May 2012 #3
99th_Monkey May 2012 #4
pinboy3niner May 2012 #5
lib2DaBone May 2012 #6

Response to Luminous Animal (Original post)

Wed May 16, 2012, 06:49 PM

1. Let's hope that ruling stands!

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Response to Luminous Animal (Original post)

Wed May 16, 2012, 07:06 PM

2. Small step in the right direction.

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Response to Luminous Animal (Original post)

Wed May 16, 2012, 07:44 PM

3. Glenn Greenwald weighs in with some details.

http://www.salon.com/2012/05/16/federal_court_enjoins_ndaa/singleton/

The ruling was a sweeping victory for the plaintiffs, as it rejected each of the Obama DOJ’s 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.

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Response to Luminous Animal (Original post)

Wed May 16, 2012, 07:47 PM

4. Woot! Way to go Chris Hedges, you rock. ~nt

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Response to Luminous Animal (Original post)

Thu May 17, 2012, 06:10 AM

5. K&R

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Response to Luminous Animal (Original post)

Thu May 17, 2012, 07:42 PM

6. It's about time....

 

Shame on Mr. Obama for signing this POS in the first place.

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