Obama Administration Doubles Down for Indefinite Detention Authority

 

(Common Dreams)   DOJ threatens appeal after judge issues injunction, calls provision ‘unconstitutional’. Federal prosecutors from Obama’s Dept. of Justice on Friday asked a judge to lift an injunction placed on specific section of a recent law that permits the ‘indefinite military detention’ by the United States government and was signed by the President in December.

Earlier this month, Manhattan federal court Judge Katherine Forrest, sided with plaintiffs who filed suit as journalists and political activists against provisions in the 2011 National Defense Authorization Act (NDAA), arguing portions of the law were vaguely worded and an encroachment on their right to free speech, overstepping constitutional authority.

“The government was unwilling or unable to state that these plaintiffs would not be subject to indefinite detention under [Section] 1021,” Judge Forrest said in her earlier ruling. “Plaintiffs are therefore at risk of detention, of losing their liberty, potentially for many years.”

Federal prosecutors argue that indefinite military detention without trial is justified in some cases

But the prosecutors on Friday double-down on behalf of the executive branch, saying that indefinite military detention without trial is justified in some cases involving militants or their supporters.  But Forrest’s previous argument, was that the government had not adequately addressed the concerns of the plaintiffs who said that they, too, because of their activities as political advocates or as journalists interacting with various ‘potentially targeted’ parties, could also be swept up. Also, arguing against “promises” of restraint by the Obama Justice Dept., the plaintiffs said there were no guarantees that future administrations wouldn’t apply the statute more broadly.

“This law was, after all, not about foreign terrorism,” prize-winning journalist, Chris Hedges, one of the plaintiffs in the suit, wrote last week. “It was about domestic dissent. If the state could link Occupy and other legitimate protest movements with terrorist groups (US Day of Rage suffered such an attempt), then the provisions in the NDAA could, in a period of instability, be used to “disappear” U.S. citizens into military gulags, including the government’s offshore penal colonies. And once there, stripped of due process, detainees could be held until, in the language of the law, ‘the end of hostilities’.”

“In an age of permanent war that would be a lifetime,” he said.

And Nick Wing this morning, writing at Huffington Post, offers, ‘7 Ways to Get Yourself Indefinitely Detained.’

*  *  *

ReutersU.S. asks judge to undo ruling against military detention law

Federal prosecutors on Friday urged a judge to lift her order barring enforcement of part of a new law that permits indefinite military detention, a measure critics including a prize-winning journalist say is too vague and threatens free speech.

Manhattan federal court Judge Katherine Forrest this month ruled in favor of activists and reporters who said they feared being detained under a section of the law, signed by President Barack Obama in December.

The government says indefinite military detention without trial is justified in some cases involving militants and their supporters.

But critics worry that the law is unclear and gives the Executive Branch sole discretion to decide who and what type of activities can be considered as supporting militants.

The judge’s preliminary injunction bars the government from enforcing section 1021 of the National Defense Authorization Act’s “Homeland Battlefield” provisions.

The section authorizes indefinite military detention for those deemed to have “substantially supported” al Qaeda, the Taliban or “associated forces.”

[…]

The judge said she was worried by the government’s reluctance at the March hearing to say whether examples of the plaintiffs’ activities – such as aiding the anti-secrecy website WikiLeaks in the case of Birgitta Jonsdottir, a member of parliament in Iceland – would fall under the scope of the provision.

Bruce Afran, a lawyer for the plaintiffs, said the government’s brief failed to address fundamental concerns about what type of conduct is outside the law, and which person or group is deemed sufficiently “independent” of enemy forces.

“It is surprising that the government is pursuing this case because it has other statutes that specifically target terrorist groups,” Afran said.

The government noted that courts rarely intervene in matters directed by the Executive Branch.

“Issuing an injunction regarding the President himself, or restraining future military operations (including military detention) … would be extraordinary,” prosecutors wrote, noting that they were considering an appeal of the judge’s order.

*  *  *

Chris HedgesA Victory for All of Us

The government lawyers, despite being asked five times by the judge to guarantee that we plaintiffs would not be charged under the law for our activities, refused to give any assurances. They did not provide assurances because under the law there were none. We could, even they tacitly admitted, be subject to these coercive measures. We too could be swept away into a black hole. And this, I think, decided the case.

“At the hearing on this motion, the government was unwilling or unable to state that these plaintiffs would not be subject to indefinite detention under [Section] 1021,” Judge Forrest noted. “Plaintiffs are therefore at risk of detention, of losing their liberty, potentially for many years.”

The government has 60 days to appeal. It can also, as Mayer and Afran have urged, accept the injunction that nullifies the law. If the government appeals, the case will go to a federal appellate court. The ruling, even if an appellate court upholds it, could be vanquished in the Supreme Court, especially given the composition of that court.

We had none of the resources of the government. Mayer and Afran worked for weeks on the case without compensation. All of us paid for our own expenses. And few people, including constitutional lawyers of Glenn Greenwald’s caliber, thought we had a chance. But we pushed forward. We pushed forward because all effort to impede the corporate state, however quixotic, is essential. Even if we ultimately fail we will be able to say we tried.

This law was, after all, not about foreign terrorism. It was about domestic dissent. If the state could link Occupy and other legitimate protest movements with terrorist groups (US Day of Rage suffered such an attempt), then the provisions in the NDAA could, in a period of instability, be used to “disappear” U.S. citizens into military gulags, including the government’s offshore penal colonies. And once there, stripped of due process, detainees could be held until, in the language of the law, “the end of hostilities.” In an age of permanent war that would be a lifetime.

 

http://www.commondreams.org/headline/2012/05/26

5 Responses to Obama Administration Doubles Down for Indefinite Detention Authority

  • If Obama wants to indefinitely detain the terrorists who did 9-11, the DH oil well blow out in the GoM, Fukushima, and those TSA goons at the airports molesting children and adults, that is fine with me since the ‘court of public opinion’ is the only one we have left after the Georgetown Foggy Bottom blitzkrieg on the Judicial branch.

  • That judge should be a hero and the federal government should follow what the judge has ruled.

    Whoever wrote, voted for, and signed the ndaa with this section in it should be hung for treason. Period end of story. I am tired of the leaders just using their service as a stepping stone for a book, or to become a millionaire by working as a lobbyist and not taking their oath of office seriously. Washington is sick and I think a few hangings will make them realize how serious their oath is to up hold the constitution.

  • Washington is not sick. Washington is totally fucking evil. It’s too far gone to salvage.

  • Hey Popeye, Great Story!

    Here is how Western Justice works today.

    A Cop chases a Criminal into a MALL. The Criminal runs into a Buffet house where the place is packed and the Cop starts firing at the Criminal and kills the Criminal and 17 of the other Customers who were eating there. The Cop is hailed as a HERO!!

    The Family Members of those Murdered by the Cop don’t see the Cop as a hero, They VOW to kill the bastard and his family too.

    This is the daily scene in Afghanistan, Pakistan, Yemem, Somalia etc…
    Those who [USED TO BE] listed as [Civilian’s] were called [Collateral Damage] But now Obama [The HERO] calls these [Suspected Militants]. So Daily the US continues to Target and Kill/Murder not only who the CIA say’s that they can’t really IDENTIFY as to WHO they really are, But that they were [Acting in a odd way] I sure hope hoping walking with a bad case of Hemorrhoids that might make you walk funny doesn’t mean that as you and Family walk to to local watering hole that in the next instant you’ll be Buzzard Meat?
    In any case, The above scene only breeds more Terrorist as they will want to [GET EVEN] for the Murder of their Family Members.

    This is Western Justice.

    Please make sure your Seat-Belt your Dog now too. As that is also becoming LAW in this Socialist State. We are told what to DRINK, What type of CARS to Drive, The Government has become the Banks, Insurance Companies, Power Companies and more as the Bail-Out’s continue.

    What I found of interest was in IceLand, The Citizen’s REFUSED to Bail out the Banks. Those that stayed afloat survived, The Bankers all went to JAIL. Here in America, The Bankers all received Millions in Bonus monies for destroying the homes and credit of Millions of Americans. We also read where the Banks continue to launder Billions for the Drug Cartel’s.

    If people can’t see what is wrong.. They DESERVE whats coming. A Vote for Romney is for a man that Hides his Wealth and dodges taxes in Off Shore accounts.

    A Vote for Obama is for a man that Hides Everything about himself and as a Constitutional Lawyer we have seen nearly 4 years of his destroying the US Constitution.

    Just Google 2012 Voter Fraud and you can Read for Hours.

    Have a nice day 🙂 as there is not many of them left Popeye.

    MWM

  • @Jim Its too far gone to Salvage.

    Reminds me of the man taking a shit in the Out House, As he pulls up his pants 2 Quarters fall into the hole. He opens the door some to get some light as to see where the quarters landed in the shit and another man is standing their waiting to use the Out House.

    The first guy grabs his wallet and gets a $20.00 bill out and throws it into the shitter, The other guy said… Hey! What the hell are you doing? The first guy said, I lost $0.50 cent’s and I’m sure not going in their for that!.

    This reminds me of Obama’s Bail Out’s. Keep’s throwing more money into the shitter for something of no value or LOST VALUE.

    MWM

Leave a Reply

Your email address will not be published. Required fields are marked *

Show some support!

We are 100% Listener & User supported!! Every little bit helps us continue. Donations help fund the site and keep all the free information on it. Thanks in advance and KEEP UP THE FIGHT!!!

Visitor Map

Subscribe For New Posts & Updates

Enter your email address to subscribe to FederalJack and Popeyeradio and you will receive notifications of new posts by email.

News Categories
The Wigner Effect
Col. L Fletcher Prouty: Secret Team