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In section 1021 of the NDAA, the president’s authority to hold a terrorism suspect “without trial, until the end of the hostilities” is reaffirmed by Congress. Despite an accompanying signing statement voicing his opposition to that provision, President Obama quietly inked his name to the NDAA on December 31, 2011. In May, however, a group of plaintiffs including notable journalists and civil liberty proponents challenged section 1021 in court, leading to Just Forrest to find it unconstitutional one month later.

"There is a strong public interest in protecting rights guaranteed by the First Amendment," Forrest wrote in her 68-page ruling. "There is also a strong public interest in ensuring that due process rights guaranteed by the Fifth Amendment are protected by ensuring that ordinary citizens are able to understand the scope of conduct that could subject them to indefinite military detention."At the time Just Forrest made her injunction, attorney Carl Mayer told RT on behalf of the plaintiffs that, although he expected the White House to appeal, “It may not be in their best interest.”

“[T]here are so many people from all sides of the political spectrum opposed to this law that they ought to just say, 'We're not going to appeal,’” Mayer said. "The NDAA cannot be used to pick up Americans in a proverbial black van or in any other way that the administration might decide to try to get people into the military justice system. It means that the government is foreclosed now from engaging in this type of action against the civil liberties of Americans."

The original plaintiffs, who include Pulitzer Prize-winner Chris Hedges, have asked Just Forrest to make her injunction permanent. Oral arguments in the case are expected to begin this week.

1 posted on 08/07/2012 9:46:39 AM PDT by LucianOfSamasota
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To: LucianOfSamasota
"With that, the White House is arguing that as long as the indefinite detention law hasn’t be enforced yet, there is no reason for a judge to invalidate it. "

WTF??? You don't wait until it's raining to fix the hole in the roof.

2 posted on 08/07/2012 9:49:02 AM PDT by circlecity
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To: LucianOfSamasota

Heil, Obama! They want to get us before we get them.


6 posted on 08/07/2012 10:09:54 AM PDT by bgill
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To: LucianOfSamasota

Let’s look at this from the perspective of American citizen vice illegal alien entering the country to do harm.

The former has rights and immunities FROM the governments abilities to do anything apart from the law and constitutional requirement for such arrest, seizure etc. The later is already subject to all the above.

I for one, do not wnat citizens treated the same as avowed alien terrorists. Do you believe the constitution is the law of the land? That a republican form of governemnt is the only method of lawful governemnt in the US (per the constitution)? Do you think the government is limited by the people? If you do, then you may be interested to find out that your federal governemtn considers you a potential domestic terrorist and therefore, subject to the arrest and unlimited detention provisions/no trial/no habeus corpus/no due process(confront your accusers, have access to eidence used against you, defend yourself, jury by of peers etc, cruel or unusual punishment etc) provision of the NDAA of 2012.

This is about us folks, not foreign terrorists who want to burn DC and your neighborhood....

Either we(citizens/persons subject to the jurisdiction of the US) all have such rights, or none of us do.


7 posted on 08/07/2012 10:33:55 AM PDT by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War" (my spelling is generally correct!))
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To: LucianOfSamasota

I guess he’ll just have them taken out by a drone instead.


9 posted on 08/07/2012 10:37:42 AM PDT by FoxInSocks ("Hope is not a course of action." -- M. O'Neal, USMC)
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To: LucianOfSamasota

Outrageous.

FUBO!!!!!


21 posted on 08/08/2012 1:04:47 PM PDT by GlockThe Vote (The Obama Adminstration: 2nd wave of attacks on America after 9/11)
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