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Mon Sep 17, 2012, 09:43 PM

DOJ Says Ruling on Indefinite Detention Law Is ‘Unprecedented’

Source: WSJ Law Blog

September 14, 2012, 2:47 PM
By Joe Palazzolo

The Obama administration, stung by a court ruling striking down a law on indefinite detention, had some strong words Friday for the federal district judge who issued it. In a court filing requesting that the judge suspend the ruling pending appeal, Justice Department lawyers wrote:
    This Court’s decision is unprecedented, and the government has compelling arguments that it should be reversed. The decision holds facially unconstitutional an Act of Congress that was passed to confirm the authority of the President as Commander in Chief under the Authorization for Use of Military Force in connection with ongoing military operations against al-Qaeda and its affiliates—a setting in which the Judiciary owes the greatest deference to the other branches—and in doing so it disregards the interpretation of the President’s detention authority by two Presidents, the D.C. Circuit, and the Congress itself.

Judge Katherine B. Forrest of the Southern District of New York, an Obama appointee, said in a ruling on Wednesday that the law impinges on First Amendment rights and violates due process. The law, passed as part of the National Defense Authorization Act, permits the U.S. government to detain indefinitely people who are part of or substantially support Al Qaeda, the Taliban or associated forces engaged in hostilities against the U.S.

The U.S. government has argued that new law reasserts powers already provided by Congress in the 2001 Authorization for Use of Military Force against perpetrators of the Sept. 11 attacks and those who helped them. Judge Forrest said the new measure was broader, because it covered people beyond those connected to the 9/11 attacks.


Read more: http://blogs.wsj.com/law/2012/09/14/doj-says-ruling-on-indefinite-detention-law-is-unprecedented/



****Update**** 4:31 p.m. Judge Forrest denied the Justice Department’s request for an interim stay.

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Arrow 45 replies Author Time Post
Reply DOJ Says Ruling on Indefinite Detention Law Is ‘Unprecedented’ (Original post)
DeSwiss Sep 2012 OP
tk2kewl Sep 2012 #1
Art_from_Ark Sep 2012 #4
leveymg Sep 2012 #29
DeSwiss Sep 2012 #8
naaman fletcher Sep 2012 #2
PatrynXX Sep 2012 #7
DeSwiss Sep 2012 #9
OnyxCollie Sep 2012 #14
leveymg Sep 2012 #30
a2liberal Sep 2012 #3
DeSwiss Sep 2012 #10
RC Sep 2012 #5
DeSwiss Sep 2012 #12
RitchieRich Sep 2012 #24
FredStembottom Sep 2012 #6
DeSwiss Sep 2012 #13
rhett o rick Sep 2012 #11
DeSwiss Sep 2012 #15
rhett o rick Sep 2012 #16
rug Sep 2012 #17
DeSwiss Sep 2012 #19
Proletariatprincess Sep 2012 #18
DeSwiss Sep 2012 #20
juajen Sep 2012 #22
Solly Mack Sep 2012 #21
idwiyo Sep 2012 #23
GeorgeGist Sep 2012 #25
leveymg Sep 2012 #26
OnyxCollie Sep 2012 #27
leveymg Sep 2012 #28
OnyxCollie Sep 2012 #31
leveymg Sep 2012 #32
kestrel91316 Sep 2012 #33
OnyxCollie Sep 2012 #34
Nihil Sep 2012 #45
bemildred Sep 2012 #35
OnyxCollie Sep 2012 #36
bemildred Sep 2012 #37
OnyxCollie Sep 2012 #38
bemildred Sep 2012 #39
OnyxCollie Sep 2012 #40
bemildred Sep 2012 #41
OnyxCollie Sep 2012 #42
bemildred Sep 2012 #43
OnyxCollie Sep 2012 #44

Response to DeSwiss (Original post)

Mon Sep 17, 2012, 10:01 PM

1. well, in all fairness to the court...

so is indefinite detention

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Response to tk2kewl (Reply #1)

Mon Sep 17, 2012, 10:16 PM

4. One would expect that a Constitutional scholar

would be well aware of that fact...

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Response to Art_from_Ark (Reply #4)

Tue Sep 18, 2012, 01:43 PM

29. I think the "constitutional scholar", and his AJ, are well aware of the fact, and intend to use

indefinite detention powers when and if we get into our next two wars.

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Response to tk2kewl (Reply #1)

Mon Sep 17, 2012, 11:05 PM

8. Your excellent point......

...flies right over Eric's head.


''Whoa, whoa. You mean you expect me to uphold
the Constitution!?!?!''

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Response to DeSwiss (Original post)

Mon Sep 17, 2012, 10:04 PM

2. If only we had a democratic president. nt.

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Response to naaman fletcher (Reply #2)

Mon Sep 17, 2012, 11:05 PM

7. unless he's like Mitt

intentionally doing this .....



(like mittens is intentionally destroying the Republican party so nothings left)

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Response to naaman fletcher (Reply #2)

Mon Sep 17, 2012, 11:08 PM

9. Yes, small (d). ;-) n/t

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Response to naaman fletcher (Reply #2)

Mon Sep 17, 2012, 11:34 PM

14. Very bad things happen under Democratic presidents,

e.g. the internment of 120,000 citizens and resident aliens of Japanese ancestry.

Here's the official explanation for that action: FDR gave authority to a racist military commander with a hard-on for war, who had been listening to racist rhetoric from community members and had received intelligence that signals had been sent to Japanese subs. He declared the entire West Coast to be a military zone and all Japanese and Japanese Americans ended up in internment camps. Everyone who disapproved and could have done something about it failed to do their jobs.

That's it.

What's left out is the economic interest and the decades of laws that prevented the Japanese from owning property (and later, renting property) and the ways farm corporations exploited the Japanese labor. When the Japanese were in internment camps and their crops needed to be harvested (farm corporations had liens against the Japanese crops), the farm corporations pressured the government to subsidize dummy corporations to harvest the crops (avoiding any exposure to risk) which would then sell back to farm corporations for cheap.

Big profits for doing nothing.

The value of the Japanese farms in 1985 dollars- between 800 million and 1.2 billion.

BTW, one of the community members who passed on racist rhetoric to Lt. Gen. DeWitt was California Attorney General Earl Warren, who would later become Chief Justice of the SCOTUS, and chair of the Warren commission which investigated the Kennedy assassination.

Oh, and the intelligence about the Japanese subs? Turns out it wasn't true, and the DoJ had tried to ensure that their disagreement would be included in DeWitt's report that was to be sent to the SCOTUS for review on the internment cases. However, when the DoJ tried to see the report, they were lied to and told that the report had already been printed (it wouldn't be printed until two weeks later.)

Does any of this sound familiar?

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Response to OnyxCollie (Reply #14)

Tue Sep 18, 2012, 01:47 PM

30. Lyndon Johnson's Vietnam. Very, very bad things happen under otherwise fairly good Presidents.

Last edited Tue Sep 18, 2012, 02:00 PM USA/ET - Edit history (3)

Wars fought by liberal Democrats are very, very bad for civil liberties. CHAOS, COINTELPRO (antiwar component), GARDENPLOT, etc. all hatched under Johnson, as was the use of mass terrorism and psychological operations in war (Phoenix Program, CORDS) and covert operations (CONDOR).

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Response to DeSwiss (Original post)

Mon Sep 17, 2012, 10:08 PM

3. K&R

and people here were trying to justify the initial defense saying it was only standard procedure. It's pretty clear how the administration actually feels, despite the feel-good, weasel-worded signing statement.

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Response to a2liberal (Reply #3)

Mon Sep 17, 2012, 11:11 PM

10. And for that matter.....

...there's no Constitutional authority which permits the use ''signing statements'' to get around portions of a law that a president may not like. That would be tantamount to a line-item veto, which the Constitution doesn't provide for.

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Response to DeSwiss (Original post)

Mon Sep 17, 2012, 10:21 PM

5. What good is a Constitution if the Powers-That-Be keep making exceptions to it to suit themselves?

Criminals have rights under the law, even enemy criminals, so they call the new breed of criminals, terrorists, by other names, to get around the Constitution and the law on which they are based. How is that allowed in the first place?

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Response to RC (Reply #5)

Mon Sep 17, 2012, 11:24 PM

12. How is it allowed, indeed.

''Whenever the legislators endeavor to take away, and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any farther obedience.''

~John Locke

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Response to DeSwiss (Reply #12)

Tue Sep 18, 2012, 11:38 AM

24. ...my new favorite quote.

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Response to DeSwiss (Original post)

Mon Sep 17, 2012, 10:54 PM

6. What's "unprecedented" .......

....is the sheer bald-faced unconstitutionality of the powers the admin. wants the president to have.

Deeply troubling. Disturbing.

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Response to FredStembottom (Reply #6)

Mon Sep 17, 2012, 11:29 PM

13. Troubling, dsturbing and yet not all that surprising.....

''That men do not learn very much from the lessons of history is the most important of all the lessons of history.'' ~Aldous Huxley


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Response to DeSwiss (Original post)

Mon Sep 17, 2012, 11:12 PM

11. Looks like the current admin is trying to get this to the SCOTUS as soon as possible.

They will, I guarantee, muck it up.

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Response to rhett o rick (Reply #11)

Mon Sep 17, 2012, 11:36 PM

15. Oddly.....

...that is the one place where the idea of giving the Executive Branch more power (particularly this one) where this ''Star Chamber'' provision of the law might be scotched.

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Response to DeSwiss (Reply #15)

Mon Sep 17, 2012, 11:47 PM

16. John Roberts believes in Executive Privilege (read dictatorship).

He doesnt care who is in office. Once the power is establish and accepted, bingo-bango, kiss Democracy good-bye.

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Response to DeSwiss (Original post)

Mon Sep 17, 2012, 11:55 PM

17. The DoJ would argue against the Declaration of Independence on security grounds.

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Response to rug (Reply #17)

Tue Sep 18, 2012, 12:16 AM

19. Well we definitely know Eric is against.....

...''the pursuit of happiness.''

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Response to DeSwiss (Original post)

Mon Sep 17, 2012, 11:56 PM

18. The article doesn't mention the names of the plantiffs:

There are 6 plantiffs. Among them are Chris Hedges, Noam Chomsky and Danial Ellsworth. I wonder why the WSJ didn't mention that? Here is Chris Hedges article from this morning: http://www.informationclearinghouse.info/article32460.htm
This isn't over yet, of course. But we have these plantiffs to thank for fighting the good fight here.

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Response to Proletariatprincess (Reply #18)

Tue Sep 18, 2012, 12:35 AM

20. I'm pretty sure.....

Last edited Tue Sep 18, 2012, 12:40 AM USA/ET - Edit history (1)

...that the WSJ presses would blow up if they tried to print the names of Chris Hedges, Noam Chomsky and Daniel Ellsberg at the same time.

- The liberal settings on those old conservative printers don't go that far......


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Response to Proletariatprincess (Reply #18)

Tue Sep 18, 2012, 03:56 AM

22. That would be "plaintiffs", not "plantiffs".

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Response to DeSwiss (Original post)

Tue Sep 18, 2012, 01:19 AM

21. k/r

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Response to DeSwiss (Original post)

Tue Sep 18, 2012, 04:22 AM

23. K£R

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Response to DeSwiss (Original post)

Tue Sep 18, 2012, 12:47 PM

25. In the first place, courts are part of the government ...

This Court’s decision is unprecedented, and the government has compelling arguments that it should be reversed.

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Response to DeSwiss (Original post)

Tue Sep 18, 2012, 12:54 PM

26. So is an indefinite detention law. Lincoln's suspension of habeus was by Presidential Order, the

Last edited Tue Sep 18, 2012, 12:54 PM USA/ET - Edit history (1)

internment of Japanese-Americans in WW2 was also by executive decree, not by Law, and was overturned by the US Supreme Court in 1944. This Act is unprecedented and unconstitutional.

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Response to leveymg (Reply #26)

Tue Sep 18, 2012, 01:22 PM

27. What case overturned the internment? nt

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Response to OnyxCollie (Reply #27)

Tue Sep 18, 2012, 01:39 PM

28. Korematsu didn't rule on the indefinite detention part, just the exclusion zone.

You are right, though, it didn't overturn internment. Not the Court's finest hour.

Korematsu v US (1944), "Japanese Internment Cases" - The Court limited its decision to the validity of the exclusion orders, adding, "The provisions of other orders requiring persons of Japanese ancestry to report to assembly centers and providing for the detention of such persons in assembly and relocation centers were separate, and their validity is not in issue in this proceeding."


On This Day: Supreme Court Upholds Constitutionality of Japanese ...
www.findingdulcinea.com › ... › On This Day
Dec 18, 2011 – 18, 1944, the Supreme Court ruled in Korematsu v. United States that the wartime internment of Japanese-Americans was constitutional, ...

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Response to leveymg (Reply #28)

Tue Sep 18, 2012, 01:49 PM

31. The Court used two judicial principles to avoid ruling on the indefinite detention.

First, they chose to rule on what was before them, but instead of ruling on the detention (and providing a remedy for the interned) they ruled on the ability of the executive to successfully wage war. Second, they avoided the political question of waging war by deferring to the executive.

Justice Douglas wanted to provide an opportunity for the Japanese to prove their loyalty, but pressure by Chief Justice Stone resulted in him conforming to the majority.

See my post (#14) for more info.

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Response to OnyxCollie (Reply #31)

Tue Sep 18, 2012, 01:52 PM

32. Important background info. Thnx.

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Response to DeSwiss (Original post)

Tue Sep 18, 2012, 02:00 PM

33. Judge Forrest is a hero for standing up to the bullies at DOJ.

Obama is dead wrong on this issue.

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Response to kestrel91316 (Reply #33)

Wed Sep 19, 2012, 04:45 AM

45. Looks like Obama has caught the disease ...

"If this were a dictatorship, it'd be a heck of a lot easier, just so long as I'm the dictator."

Power corrupts and all that ...

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Response to DeSwiss (Original post)

Tue Sep 18, 2012, 03:17 PM

35. What's unprecedented is the Justice Dept. claiming the President has autocratic power. nt

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Response to bemildred (Reply #35)

Tue Sep 18, 2012, 03:29 PM

36. Eh, not really.

"Democratic mass parties are bureaucratically organized under the leadership of party officials, professional party and trade union secretaries, etc.... Of course, one must remember that the term 'democratization' can be misleading. The demos itself, in the sense of an inarticulate mass, never 'governs' larger associations; rather it is governed, and its existence only changes the way in which the executive leaders are selected and the measure of influence which the demos, or better, which social circles from its midst are able to exert upon the content and the direction of administration activities by supplementing what is called 'public opinion.' 'Democratization,' in the sense here intended, does not necessarily mean an increasingly active share of the governed in the authority of the social structure. This may be the result of democratization, but it is not necessarily the case.... The most decisive thing here- and indeed it is rather exclusively so- is the leveling of the governed in opposition to the ruling and bureaucratically articulated groups, which in turn may occupy a quite autocratic position, both in fact and form." -Max Weber

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Response to OnyxCollie (Reply #36)

Tue Sep 18, 2012, 03:48 PM

37. OK, there's nothing unprecedented about any of it then. nt

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Response to bemildred (Reply #37)

Tue Sep 18, 2012, 04:16 PM

38. Well, this "politics" thing has been around for quite a while.

People have even written theories about it and stuff.

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Response to OnyxCollie (Reply #38)

Tue Sep 18, 2012, 04:30 PM

39. No shit. Did you read about that? nt

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Response to bemildred (Reply #39)

Tue Sep 18, 2012, 04:50 PM

40. I'm not the one saying this is unprecedented.

Maybe if you weren't so rude and conceited, you might not be so fucking ignorant.

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Response to OnyxCollie (Reply #40)

Tue Sep 18, 2012, 04:56 PM

41. Right, that's the Justice Dept. nt

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Response to bemildred (Reply #41)

Tue Sep 18, 2012, 05:01 PM

42. I was referring to your claim.

Maybe you can find someone to help you with reading comprehension. Is your Mommy around?

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Response to OnyxCollie (Reply #42)

Tue Sep 18, 2012, 05:27 PM

43. And I was referring to the Justice Dept. claim, like in the subject line of the OP.

It's right up there for you to read.

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Response to bemildred (Reply #43)

Tue Sep 18, 2012, 05:35 PM

44. From the OP: DOJ Says Ruling on Indefinite Detention Law Is ‘Unprecedented’

Here's what you wrote: What's unprecedented is the Justice Dept. claiming the President has autocratic power.

Goddamn, you just keep doubling down on stupid.

“Never argue with stupid people, they will drag you down to their level and then beat you with experience.” -Mark Twain

With that, I'm ending this waste of time.

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