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Sen. Rand Paul renews fight over indefinite detention of US citizens The Hill Nov. 25, 2012 Sen. Rand Paul (R-Ky.) is bringing a new — and more aggressive — approach to a longstanding debate over the Defense authorization bill, threatening to filibuster the bill to get a vote on his amendment limiting indefinite detention. Paul’s amendment takes a new tack to curb the military’s ability to indefinitely detain U.S. citizens suspected of terrorism by affirming they have the right to a speedy trial by jury under the Sixth Amendment. His push to change the indefinite detention laws for U.S. citizens...

“Judge Katherine B. Forrest should go down in history as having pulled this Republic away from the abyss of Hell.” - Naomi Wolf --IMAGE HERE-- On New Year’s Eve, December 31, 2011, President Obama signed into law H.R. 1540, the National Defense Authorization Act of Fiscal Year 2012 (NDAA). This innocuous sounding bill, a version of which is passed every year, contained something much different than previous versions. It contained a provision allowing the government to arrest anyone, anywhere, without a warrant, and to detain them indefinitely without trial or hearing. For those who aren’t paying attention or who are...

Re: Section 1021 of the NDAA, The president may authorize (direct) armed force to (collect) & indefinitely detain: Any person who is a part of has directly or substantially supported or.. committed a belligerent act determined to be supportive of.. (designated) enemy forces. May 16 Judge Katherine Forrest of the U.S. District Court for the Southern District of New York indefinite detention authority granted the president by Section 1021 of the NDAA... September 12 a federal district court judge made permanent the earlier order blocking enforcement of provisions of the National Defense Authorization Act (NDAA) purporting to empower the president...

A New York judge ruled yesterday that the government may not lock up American citizens without due process as allowed by the 2012 National Defense Authorization Act (NDAA). Bob Van Voris and Patricia Hurtado at Bloomberg report U.S. District Judge Katherine Forrest ruled against President Obama, Defense Secretary Leon Panetta, and the Department of Defense and in favor of a group opposing provision 1021 of the NDAA. The opposition, including former New York Times reporter Christopher Hedges, filed the complaint January 13....A bit of background: Late last year Senate Armed Services Chairman senior member John McCain (R.-Ariz.) and Carl Levin...

Out today, a 68-page opinion from Judge Katherine Forrest of the U.S. District Court for the Southern District of New York, entering a preliminary injunction barring the federal government from enforcing the substantive detention authority codified by the FY2012 NDAA on the ground that enforcement of the relevant provision (section 1021) might interfere with the plaintiffs’ First and Fifth Amendment rights. There’s a lot here, including the central holding (that the NDAA is not merely a “reaffirmation” of the AUMF), but I haven’t had the chance to read it carefully yet. Suffice it to say, I imagine folks will have...

After briefly reacquiring constitutional principles Republicans have been hijacked again by Neo Cons who seemingly believe our mighty military hammer makes every need a nail. Surely there’s someone left on the Right still valuing limited government. Much attention has rightfully fixated on the recent spate of recess appointments by President Obama. Americans should jealously guard our Constitution, which is a charter meant to prevent political abuses. But very little ink has spilled regarding the Administration’s newly codified authority to suspend certain liberties enshrined in the Bill of Rights. Defense is one of the few legitimate federal functions. The military may...

Less than a month after he threatened to veto terrifying legislation that would cease constitutional rights as we know it, Obama has revoked his warning and plans to authorize a bill allowing indefinite detention and torture of Americans. After passing in the House of Representatives earlier this year, the National Defense Authorization Act for Fiscal Year 2012 went before the US Senate last week, where it was met with overwhelming approval. In the days before, the Obama administration issued a policy statement on November 17 saying explicitly that the president would veto the bill, as it would challenge “the president’s...

As reported by Greg Hunter of www.UsaWatchDog.com, the recent passage of the National Defense Authorization Act (Senate Bill 1867), otherwise known as the “Indefinite Detention Bill,” should scare the heck out of anyone who loves the U.S. Constitution and the Bill of Rights. This bill effectively hands over control to the military to arrest, torture and even kill terrorists on American soil. It also allows the military to hold suspected terrorists indefinitely without a trial or due process. This applies to both non-citizens and citizens of the United States! With this bill, you are not innocent until proven guilty. You...

Filed at 1:18 p.m. ET WASHINGTON (AP) -- The Supreme Court said Friday it will decide whether authorities can imprison indefinitely hundreds of Cuban immigrant criminals and other illegal foreigners with no country to accept them. About 2,220 people are in jail now, in limbo because the U.S. government says they're too dangerous to be freed but they have no homeland. The Bush administration wants the court to say that longtime detentions are OK, especially in light of post-Sept. 11 concerns about protecting America's borders. But the government narrowly lost the last time the issue came before the high court....