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

Rep. McCaul: Yes, we will build a wall, put Mexico on a “payment plan” and enforce the law

Think Obama’s Gone? Think Again — Ex-Pres Considering Career in Digital Propaganda

Innocent 59-year-old Mother Assaulted by Cops in Walmart for No Reason

Marijuana Victims' Association: Is Marijuana the New Thalidomide

Donald Trump Is a Greater Threat to Free Speech Than the Campus Left

How to construct a ventilated pit latrine

The most bourgeois sight imaginable': Philadelphia attorney is caught spray-painting 'F*** Trump' graffiti while wearing a blazer, chinos and swilling a glass of wine

Former Special Forces officer: Gen. ‘Mad Dog’ Mattis left ‘my men to die’

U.S. ‘News’ Media & Intel Agencies Blame Moscow for Trump’s Election

Congress Approves Measure for Crusade Against “Fake News” — Using DoD Funding

Former Cop Tries Cannabis as Last Resort to Treat Parkinson’s Disease

GOOD: Michigan Border Patrol Is Getting Sued for Ridiculously Claiming Entire State Is “Constitution-Free Zone”

Sarah Palin: Trump's Carrier deal is 'crony capitalism'

Buyers Remorse – Trump Supporter Was Foreclosed on by Treasury Pick Steve Mnuchin

Bill Targeting “Russian Propaganda” Passes in House

A 6 Step Plan for Trump to Make Our Money Great Again

The USS Zumwalt: Ahoy! Can You Call Us a Tow Boat?

6 million Americans have stopped paying their car loans, and it's becoming a 'significant concern'

Dollar General misses profit and sales forecasts

GOA comes out against Petraeus for SoS (co-found the Veterans Coalition for Common Sense)

I still love looking at videos of these leftards crying over Trump winning.

The Best From ‘Mad Dog Mattis’

"Mad Dog" to be Sec. of Defense, ISIS is history

WHERE’S THEIR HUMANITY?! Anti-Trump Protesters Laughing, Wishing Trump Supporters’ Houses Would Burn Down In Gatlinburg Is Deplorable

(Bush Homeland Security Secretary) Michael Chertoff: OSU Terror Attack No Reason to Keep Out 'Refugees'

FDA OKs Clinical Trials of Ecstasy for PTSD

Steve Bannon Says Joining Goldman Sachs Is Like ‘Joining The Jesuits’

U.S. Congresswoman & Military Vet to Join the Resistance With Fellow Veterans at Standing Rock Read more at

Former NIST Employee Speaks Out, Says Building 7 Investigation Bogus, Government ‘Denied Evidence’

Trump staffer found guilty of 10 counts of election fraud

Canadian cops to punish drunk drivers with Nickelback tunes

“War On Truth Against Those Who Challenge Their Lies”

Is Flag Burning Protected Speech?

Donald Trump Made THREE Appointments Today, Here's What His FULL Team Looks Like So Far

California Mom Sherri Papini Had 'Message' Burned Onto Skin by a 'Very Sick Person,' Sheriff Says

Carrier Employee To Trump And Pence: Thank You For Sticking To Your Word And Going To Bat For Us

Milwaukee’s Biggest Paper BLASTS Jill Stein And Hillary Clinton Over Recount in Scathing Editorial

GOP rep: 'No president is allowed to burn the First Amendment’

Coverup? How Did One of the OSU Terror Attack Victims Get Shot by an Attacker Armed Only with a Knife?

Dead Pole went from morgue back to pub

Turkey Has Declared War On Syria – Does This Mean That World War 3 Is About To Erupt In The Middle East?

Disorder in the House

President-Elect Donald J. Trump Intends to Nominate Congressman Tom Price as Secretary of Health and Human Services and Seema Verma as Administrator of the Centers for Medicare and Medicaid Services

AMERICA GREAT AGAIN Trump to Announce Carrier Plant Will Keep Jobs in U.S.

Trump picks Elaine Chao for transportation secretary (MItch McConnel's wife, 2X Bush insider)

Council on Foreign Relations New PR Video Can’t Undo its NWO One World Government Agenda

fled the USSR.....the Bolsheviks. Now...we are living amongst the Bongsheviks....they are even worse

Jeb Bush Won the Election

Trump Nominates Wife of Mitch McConnell (and CFR Member) as Secretary of Transportation

Populist-Nationalist Tide Rolls On In Europe And The West


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: 1499
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