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A New York Judge Is Single-Handedly Blocking The Government's Indefinite Detention Provision
Business Insider ^ | May 17, 2012 | Robert Johnson

Posted on 05/17/2012 6:13:21 AM PDT by opentalk

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 (D-Mich) crafted a National Defense Authorization Act (NDAA) addendum that outraged Americans and put the president on the spot.

The bill, in part, called for allowing the indefinite detention of Americans with no due process whatsoever.

(Excerpt) Read more at businessinsider.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; US: Arizona; US: Michigan; US: New York
KEYWORDS: arizona; detention; habeascorpus; indefinite; indefinitedetention; katherineforrest; michigan; ndaa; newyork

1 posted on 05/17/2012 6:13:29 AM PDT by opentalk
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To: opentalk
More from article

Yesterday Judge Forrest said :
“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. It did not. This court therefore must credit the chilling impact on First Amendment rights as reasonable --and real.”

2 posted on 05/17/2012 6:16:42 AM PDT by opentalk
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To: opentalk

Wow! Who would ever have thought that an Obama appointee would follow the Constitution? Good for her.


3 posted on 05/17/2012 6:17:24 AM PDT by Sudetenland (Anybody but Obama!!!!)
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To: opentalk

Thank God. Most others just are worried about if they are having steak for dinner tonight


4 posted on 05/17/2012 6:25:13 AM PDT by yldstrk ( My heroes have always been cowboys)
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To: opentalk; ding_dong_daddy_from_dumas; stephenjohnbanker; DoughtyOne; calcowgirl; Gilbo_3; NFHale; ..

Worth reading ping!


5 posted on 05/17/2012 6:27:52 AM PDT by sickoflibs (Romney is a liberal. Just watch him closely try to screw us.)
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To: Sudetenland
McCain sponsoring another unconstitutional bill.

Unfortunately this passed easily in both houses. Rubio voted yes, Romney, in a debate said he approved of NDAA

Obama signed it New Years eve, after saying he wouldn't sign it. He signed it and said he wouldn't use it. Pushed through with Very little time for public awareness.

6 posted on 05/17/2012 6:29:05 AM PDT by opentalk
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To: Sudetenland

Not everyone who is a liberal is evil. Most, yes, but not all.


7 posted on 05/17/2012 6:33:38 AM PDT by Lazamataz (The so-called 'mainstream' media has gone from "biased" straight to "utterly surreal".)
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To: opentalk

OMG! I’m agreeing with an Obama appointed NY judge ?!


8 posted on 05/17/2012 6:40:57 AM PDT by ransacked
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To: opentalk

I believe the Chicago Way allows provisions for exceptions to the ruling of this judge.


9 posted on 05/17/2012 7:10:09 AM PDT by dagogo redux (A whiff of primitive spirits in the air, harbingers of an impending descent into the feral.)
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To: opentalk

This is why SCOTUS is so important in this next election. 1-3 seats on the highest court that will limit the progressive agenda for the next decades.

I have little faith in the GOP congress. That is especially true in the Senate. If the Progressives stack the court it will be a nightmare.


10 posted on 05/17/2012 7:34:17 AM PDT by volunbeer (Don't worry America, our kids can pay for it!)
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To: opentalk
13 senators that voted no to NDAA:

Dick Durbin (D-Ill.), Ben Cardin (D-Md.), Al Franken (D-Minn.), Tom Harkin (D-Iowa), Jeff Merkley (D-Ore.), Ron Wyden (D-Ore.), Bernie Sanders (I-Vt.), Jim Risch (R-Idaho), Rand Paul (R-Ky.), Mike Lee (R-Utah), Jim DeMint (R-S.C.), Mike Crapo (R-Idaho) and Tom Coburn (R-Okla.).

11 posted on 05/17/2012 7:47:14 AM PDT by opentalk
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To: Lazamataz

I know a number of liberals. Most are simply misguided by emotional decisions, not evil intent.
But too many in positions of power choose to use that power to further their goals.


12 posted on 05/17/2012 7:54:56 AM PDT by LevinFan
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To: opentalk

Hard to believe but God bless her.


13 posted on 05/17/2012 8:36:04 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: sickoflibs

Thanks


14 posted on 05/17/2012 8:54:57 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks sickoflibs.


15 posted on 05/17/2012 3:47:09 PM PDT by SunkenCiv (FReepathon 2Q time -- https://secure.freerepublic.com/donate/)
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To: Sudetenland

Well it was a Clinton appointee who acquitted the Hutaree militia members.


16 posted on 05/17/2012 5:22:32 PM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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