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

ISIS Commander Arrested in Invader Camp

Off Duty Cop Thought He Saw a Child With Pot, So He Fired 7 Fatal Rounds Into His Back

Racist Robocalls for Trump

Cullman [AL] GOP quiet as locals file ‘birther’ suit against Ted Cruz

New Jersey police investigating disturbing 'knockout game' punch after video goes viral on Facebook

China is buying up companies around the world at a record rate

Ben Carson makes a Grand Entrance

GOP Debate: ABC - New Hampshire LIVE

Ted Cruz Wins Iowa: What It Means

Illegal Immigrant Injured on the Job Sues for Lost Wages, Benefits He Shouldn’t Have Been Getting

Rubio, Christie, and Bush Would Use Our Military to Permit a Genocide of Christians in Syria

Zika virus found in semen and saliva

Smear Here: The Official Ted Cruz Denouncement Thread

Unmasking ‘Wrinkles,’ the creepy clown who punishes bad kids for cash

Neurologist explains why it’s hard to look at Ted Cruz’s creepy ‘unsettling’ face

John Derbyshire On Helsinki’s Angels: Way To Mess Up A Quiet, Homogeneous Little Scandinavian Country, Guys

Rubio Can’t Win White House–Trump OR Cruz Could

Schlafly unloads on Rubio: 'He betrayed us all'

Baby Taken Off Hospice After Being Given Cannabis Oil – Now the Govt is Taking it Away From Her

Meet Ted Cruz's Fairy Godfathers

We Are So Screwed. [Anti-Trump Super PAC Features John McCain in Swift-Boat attack]

Wanted in China: More Male Teachers, to Make Boys Men

Ben Carson Can’t Stop Talking About His Laundry

GOP wants end to pro-Bush attacks on Rubio

Maine governor stops bureaucrats from imposing transgender bathroom rules on schools

22 Signs That The Global Economic Turmoil We Have Seen So Far In 2016 Is Just The Beginning

Down comes Australia's Donald Trump

Schlafly unloads on Rubio: 'He betrayed us all'

DONEGAN: Debunking the Lesser-of-Two-Evils Voting Theory

Trump: I’ve always liked Cruz and haven’t ruled him out as VP [not a Canucki anchor baby?]

People Have A 'Fundamental Right' To Own Assault Weapons, Court Rules

Marco Rubio’s 7 Top Achievements in U.S. Senate

New 3D-printed 9mm semi-automatic pistol debuts

Cruz’s ‘consistent conservatism’ is contagious with his supporters

Trump resists staff calls to change course

Another unarmed Michael Brown killed by cops!

Anger and Citizenship

Rapper Chief Keef calls on Twitter followers to attack Minneapolis home, and now innocent women are homeless

Ted Cruz tries to seize Rand Paul's libertarian mantle

Shock PPP national poll: Trump 25, Cruz 21, Rubio 21

‘Multicultural Toilets’ For ‘Global Defecation’ Seek To Stop Migrants Pooping On The Floor

Watch: Santorum Struggles to Name Rubio’s U.S. Senate Accomplishments

Old man died while having sex with a prostitute

NYPD Cop Wins $15M After Fellow Cops Falsely Arrested & Beat Him at His Daughter’s Birthday

Border agent: 'We might as well abolish our immigration laws altogether'

Clinton on $675G Goldman Sachs speech fee: 'That's what they offered'

Why Glenn Beck’s Media Empire Is Burning Down

Freight Truck Orders Plummeted 48% in January

Jeb Bush Has to Tell New Hampshire Crowd ‘Please Clap

7News/UMass Lowell New Hampshire tracking poll [Rubio surges]


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: 1321
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