Judge Permanently Blocks NDAA’s Military Detention Provision

A judge has permanently block the provision of the NDAA that allows military detention of American citizens that is supported by both Obama and Romney. Let’s hope that this decision on Hedges et al v. Obama et al, U.S. District Court will stand and not be overruled by a “higher” court”.

David DeGerolamo

From Zerohedge:

US Totalitarianism Loses Major Battle As Judge Permanently Blocks NDAA’s Military Detention Provision

Some insights from Hedges, who explained back in January, just why he is suing Barack Obama:

This demented “war on terror” is as undefined and vague as such a conflict is in any totalitarian state. Dissent is increasingly equated in this country with treason. Enemies supposedly lurk in every organization that does not chant the patriotic mantras provided to it by the state. And this bill feeds a mounting state paranoia. It expands our permanent war to every spot on the globe. It erases fundamental constitutional liberties. It means we can no longer use the word “democracy” to describe our political system.

The supine and gutless Democratic Party, which would have feigned outrage if George W. Bush had put this into law, appears willing, once again, to grant Obama a pass. But I won’t. What he has done is unforgivable, unconstitutional and exceedingly dangerous. The threat and reach of al-Qaida—which I spent a year covering for The New York Times in Europe and the Middle East—are marginal, despite the attacks of 9/11. The terrorist group poses no existential threat to the nation. It has been so disrupted and broken that it can barely function. Osama bin Laden was gunned down by commandos and his body dumped into the sea. Even the Pentagon says the organization is crippled. So why, a decade after the start of the so-called war on terror, do these draconian measures need to be implemented? Why do U.S. citizens now need to be specifically singled out for military detention and denial of due process when under the 2001 Authorization for Use of Military Force the president can apparently find the legal cover to serve as judge, jury and executioner to assassinate U.S. citizens, as he did in the killing of the cleric Anwar al-Awlaki in Yemen? Why is this bill necessary when the government routinely ignores our Fifth Amendment rights—“No person shall be deprived of life without due process of law”—as well as our First Amendment right of free speech? How much more power do they need to fight “terrorism”?

Fear is the psychological weapon of choice for totalitarian systems of power. Make the people afraid. Get them to surrender their rights in the name of national security. And then finish off the few who aren’t afraid enough. If this law is not revoked we will be no different from any sordid military dictatorship. Its implementation will be a huge leap forward for the corporate oligarchs who plan to continue to plunder the nation and use state and military security to cow the population into submission.

 

From Reuters:

U.S. judge’s rule protects reporters, activists in their Middle East work

A federal judge made permanent on Wednesday her order blocking enforcement of a U.S. law’s provision that authorizes military detention for people deemed to have “substantially supported” al Qaeda, the Taliban or “associated forces.”

U.S. District Judge Katherine Forrest in Manhattan had ruled in May in favor of non-profit groups and reporters whose work relates to conflicts in the Middle East and who said they feared being detained under a section of the law, signed by President Barack Obama in December.

Wednesday’s 112-page opinion turns the temporary injunction of May into a permanent injunction. The United States appealed on August 6.

The permanent injunction prevents the U.S. government from enforcing a portion of Section 1021 of the National Defense Authorization Act’s “Homeland Battlefield” provisions.

The opinion stems from a January lawsuit filed by former New York Times war correspondent and Pulitzer Prize winner Chris Hedges and others. The plaintiffs said they had no assurance that their writing and advocacy activities would not fall under the scope of the provision.

Government attorneys argued that the executive branch is entitled to latitude when it comes to cases of national security and that the law is neither too broad nor overly vague.

“This court does not disagree with the principle that the president has primacy in foreign affairs,” the judge said, but that she was not convinced by government arguments.

“The government has not stated that such conduct – which, by analogy, covers any writing, journalistic and associational activities that involve al Qaeda, the Taliban or whomever is deemed “associated forces” – does not fall within § 1021(b)(2).”

A spokeswoman for the Manhattan U.S. Attorney’s office, which represents the government in this case, declined to comment on the ruling.

The case is Hedges et al v. Obama et al, U.S. District Court for the Southern District of New York, No. 12-cv-331.

PDF of the ruling.

      
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