[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Exclusive — Discussion About GOP Replacement to Paul Ryan as Speaker of the House Intensifies in White House, Congress

Teen killed, 6 wounded in St. Louis shooting, police say

McCain: World 'cries out' for US and EU leadership

‘Hello, Bob’: President Trump called my cellphone to say that the health-care bill was dead

Atlanta family battling state over right to name daughter Allah

Public Fornication Leads to Police Altercation

The health-care fiasco was not inevitable

An Interesting Theory on Muslim Immigration

‘Move fast and break things’: Trump’s healthcare failure and the backlash ahead

THE HEALTH-CARE DEBACLE WAS A FAILURE OF CONSERVATISM

Trump tastes failure as U.S. House healthcare bill collapses

The Republicans Fold on Health Care

Republicans Land a Punch on Health Care, to Their Own Face

Infowars apologizes for 'Pizzagate' coverage

AFTMATT SEDENSKYEMATT SEDENSKYR HEALTH CARE BILL'S WITHDRAWAL, ELATION AND ANGER

CNN CouldnÂ’t Cut This Guest Off Fast Enough Before He Exposed How They Control The Narrative!

No age discrimination: Muslim ‘migrants’ rape elderly German women, 90 and 79

WATCH – Official Risks Her Life To EXPOSE What Obama’s Muslim ‘Sleeper Cells’ Are Planning

Fox's Stuart Varney: 'The Republican Party is a disgrace'

Freedom Caucus drives dagger into heart of young Trump presidency

How disastrous for Trump is healthcare collapse?

DONALD TRUMP, PAUL RYAN AND THE REPUBLICANS LOST ON OBAMACARE. WHAT NOW?

Rand Paul used tips from ‘the Art of the Deal’ to defeat Trump’s replacement bill

Paul replaces Cruz as GOP agitator

Libertarians are flexing their political muscle

Freedom Caucus Can Just Walk Away

Sorry Dems: The Freedom Caucus, not you, defeated the Republican healthcare bill

Collapse of Obamacare repeal plan puts Freedom Caucus in complicated spot

Freedom Caucus leader Mark Meadows: I promised full Obamacare repeal

President Trump's inauguration team wanted 'military tactical vehicles' in Pennsylvania Avenue parade

Welcome to London: We can say we’re not afraid, light candles and make hearts of our hands but the truth is that we can’t go on like this, says Katie Hopkins

Rand Paul takes victory lap on GOP health bill

Unbelievable: 4-Year-Old Gets Suspended for Bringing Empty .22 Casing to Preschool

Lawsuit: Police Destroyed Farm House To Capture Homeless Man Armed With An Ice Cream Bar

SWAT Raids Man’s Home over $100 in Pot, Shoot at Him 57 Times, Paralyze Him, Then Lie About It

House Republicans pull health care bill

PA School District To Teenage Boy: Undress In Front Of Girls And Make It 'Natural'

Photos Of Malia Obama Heading Into Work Go Viral (Photos

Chelsea Clinton's chief of staff whines: 'Just like her mother Chelsea Clinton never gets a break

Report: White House hoping the health-care bill tanks today [Update: Set to blame Ryan?]

VIDEO: U.S. Navy Tests 'Star Wars' Electromagnetic Rail Gun That Can Destroy Targets up to 125 Miles Away

Cowards – and bast*rds: Networks censor rape of 14-year-old girl in Maryland by an illegal alien

NATO General Wants Answers to Chemtrails

Court Rules in Favor of Police Who Pounded on Wrong Door, Didn’t Identify Themselves, Then Killed Innocent Man for Holding a Gun

U.S. Supreme Court Nominee Neil Gorsuch: ‘A Fetus Is Not a Person’ Under the Law

Police: Hempstead man sexually abused child, stabbed 2 women

Potential 'smoking gun' showing Obama administration spied on Trump team, source says

Dem Rep Maxine Waters to Trump: ‘Get Ready for Impeachment’

BREAKING : Whistleblower BLOWING THE LID OFF Obama’s Corrupt Intelligence Network

Bob Woodward says Obama Officials Could be Facing Criminal Charges


Status: Not Logged In; Sign In

U.S. Constitution
See other U.S. Constitution Articles

Title: ***BREAKING*** Military Detention Law Blocked by New York Judge (NDAA)
Source: [None]
URL Source: http://www.bloomberg.com/news/2012- ... blocked-by-new-york-judge.html
Published: May 16, 2012
Author: Bob Van Voris and Patricia Hurtado
Post Date: 2012-05-16 20:01:35 by Capitalist Eric
Keywords: None
Views: 1533
Comments: 2

A federal judge temporarily blocked enforcement of a part of the National Defense Authorization Act that opponents claim could subject them to indefinite military detention for activities including news reporting and political activism.

U.S. District Judge Katherine Forrest in Manhattan today ruled in favor of a group of writers and activists who sued President Barack Obama, Defense Secretary Leon Panetta and the Defense Department, claiming a provision of the act, signed into law Dec. 31, puts them in fear that they could be arrested and held by U.S. armed forces.

The complaint was filed Jan. 13 by a group including former New York Times reporter Christopher Hedges. The plaintiffs contend a section of the law allows for detention of citizens and permanent residents taken into custody in the U.S. on “suspicion of providing substantial support” to people engaged in hostilities against the U.S., such as al-Qaeda.

“The statute at issue places the public at undue risk of having their speech chilled for the purported protection from al-Qaeda, the Taliban, and ‘associated forces’ - i.e., ‘foreign terrorist organizations,’” Forrest said in an opinion today. “The vagueness of Section 1021 does not allow the average citizen, or even the government itself, to understand with the type of definiteness to which our citizens are entitled, or what conduct comes within its scope.”

Enforcement Blocked Forrest’s order prevents enforcement of the provision of the statute pending further order of the court or an amendment to the statute by Congress.

Ellen Davis, a spokeswoman for U.S. Attorney Preet Bharara in Manhattan, declined to comment on the ruling.

The plaintiffs claim Section 1021 is vague and can be read to authorize their detention based on speech and associations that are protected by the First Amendment to the Constitution.

Hedges and two other plaintiffs testified in a hearing before Forrest in March, the judge said. A fourth plaintiff submitted a sworn declaration. The government put on no evidence, Forrest said.

Forrest, an Obama appointee who has served on the Manhattan federal court since October, rejected the government’s arguments that the plaintiffs lacked standing to sue over the law and that it merely reaffirmed provisions in an earlier law, the 2001 Authorization for Use of Military Force, which was passed in the wake of the Sept. 11, 2001, terrorist attacks.

Plaintiffs’ Activities In her opinion, Forrest said the government declined to say that the activities of Hedges and the other defendants don’t fall under the provision. Forrest held a hearing in March at which government lawyers didn’t call any witnesses or present evidence, according to the judge. The government did cross- examine the plaintiffs who testified and submitted legal arguments.

“The government was given a number of opportunities at the hearing and in its briefs to state unambiguously that the type of expressive and associational activities engaged in by plaintiffs -- or others -- are not within Section 1021,” Forrest said. “It did not. This court therefore must credit the chilling impact on First Amendment rights as reasonable -- and real.”

Hedges, who testified he has been a foreign news correspondent for 20 years, said he has reported on 17 groups that are on a State Department list of terrorist groups. Hedges testified that after the law was passed, he changed his dealings with groups he had reported on, Forrest said.

“I think the ruling was not only correct, but courageous and important,” Hedges said in a telephone interview today.

The case is Hedges v. Obama, 12-CV-00331, U.S. District Court, Southern District of New York (Manhattan).

To contact the reporters on this story: Bob Van Voris in Manhattan federal court at rvanvoris@bloomberg.net; Patricia Hurtado in Manhattan federal court at phurtado@bloomberg.net.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: Capitalist Eric (#0)

U.S. District Judge Katherine Forrest in Manhattan today ruled in favor of a group of writers and activists who sued President Barack Obama, Defense Secretary Leon Panetta and the Defense Department, claiming a provision of the act, signed into law Dec. 31, puts them in fear that they could be arrested and held by U.S. armed forces.

But the REAL issue is with a CONGRESS that presented the legislation for enactment.

Doesn't anyone here realize that a STUPID, BUNGLING PRESIDENT didn't make this SHIT up? It was all CONGRESS.

buckeroo  posted on  2012-05-16   20:13:50 ET  Reply   Trace   Private Reply  


#2. To: Capitalist Eric (#0)

news.yahoo.com/federal-ju...-amendment-233222966.html

Same story but with a few more details from the judge, etc.

SJN  posted on  2012-05-17   11:06:24 ET  Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com