Obama Wins Right To Indefinitely Detain Americans Under NDAA
Last week a federal judge issued a permanent ban on the detention of American citizens without trial or charge as authorized under the National Defense Authorization Act after it was ruled unconstitutional
In demanding the power to indefinitely detain Americans under the unconstitutional military detention Obama appealed the decision in near record time.
Second Circuit Judge Raymond Lohier has decided to step in on behalf of the Obama Administration and reversed the ban pending a ruling from a three-judge appeals court panel which is expected to hear the case beginning September 28th.
Obama Appeals Permanent Ban On #NDAA Detention Of US Citizens
President Obama has appealed, in near record time, a Federal court ruling permanently banning of the detention of U.S. citizens without trial.
Yesterday U.S Federal Judge Katherine Forrest denied Obama’s appeal against the preliminary injunction issued last month banning the indefinite detention of US citizens without charge.
In denying Obama’s appeal Judge Forrest issued a permanent injunction ban on the unconstitutional practice.
US Totalitarianism Loses Major Battle As Judge Permanently Blocks NDAA Military Detention Provision
A federal judge has ruled against President Obama’s NDAA appeal issuing permanent injunction against the indefinite detention of U.S. citizens without trial.
After a long fought legal battle journalists and activists have won a major battle against one of the most totalitarian pieces of legislation in the history of the United States.
The legislation formally known as the National Defense Authorization Action has several constitutional trampling provisions.
The most outrageous of those provisions allowed the United States government to place U.S. citizens in jail indefinitely without ever filing charges, providing access to a lawyer or even allowing those thrown in CIA torture prisons the opportunity to defend themselves against the allegations they are being detained.
That section of the NDAA has now been permanently blocked after a federal judge issued a final injunction banning the used of the indefinite detention provision in the so-called “homeland battlefield” bill.
The authority to do so was given because the bill gives the President the authority to conduct military operations in any country in the world, including inside the United States, to fight the so-called war on terror with the need for congressional approval to do so which is effectively a suspension of Posse Comitatus.
Back in January Journalist Chris Hedges filed a lawsuit against the Obama administration to fight the totalitarian powers given in the declaration of World War 3 known as the NDAA.
Given the fact the bill presented a clear and present danger to the US Constitution Hedges was joined by a coalition of activists and journalist.
Those journalist filed shocking briefs in the lawsuit detailing how the NDAA was being using to silence political dissent and journalism critical of the US government.
Per standard procedure the corporate media remained silent after not being given a press release from the government to parrot as the case went to trial.
Now in near record time, as if the Obama administration had some kind of foreknowledge of the Judge’s ruling would be, his lawyers at the Department of Injustice have appealed the permanent injunction in nearly record time.
A lone appeals judge bowed down to the Obama administration late Monday and reauthorized the White House’s ability to indefinitely detain American citizens without charge or due process.
Last week, a federal judge ruled that an temporary injunction on section 1021 of the National Defense Authorization Act for Fiscal Year 2012 must be made permanent, essentially barring the White House from ever enforcing a clause in the NDAA that can let them put any US citizen behind bars indefinitely over mere allegations of terrorist associations. On Monday, the US Justice Department asked for an emergency stay on that order, and hours later US Court of Appeals for the Second Circuit Judge Raymond Lohier agreed to intervene and place a hold on the injunction.
The stay will remain in effect until at least September 28, when a three-judge appeals court panel is expected to begin addressing the issue.
On December 31, 2011, US President Barack Obama signed the NDAA into law, even though he insisted on accompanying that authorization with a statement explaining his hesitance to essentially eliminate habeas corpus for the American people.
“The fact that I support this bill as a whole does not mean I agree with everything in it,” President Obama wrote. “In particular, I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.”
A lawsuit against the administration was filed shortly thereafter on behalf of Pulitzer Prize-winning journalist Chris Hedges and others, and Judge Forrest agreed with them in district court last week after months of debate. With the stay issued on Monday night, however, that justice’s decision has been destroyed.
With only Judge Lohier’s single ruling on Monday, the federal government has been once again granted the go ahead to imprison any person “who was part of or substantially supported al-Qaeda, the Taliban or associated forces that are engaged in hostilities against the United States or its coalition partners” until a poorly defined deadline described as merely “the end of the hostilities.” The ruling comes despite Judge Forrest’s earlier decision that the NDAA fails to “pass constitutional muster” and that the legislation contained elements that had a “chilling impact on First Amendment rights”
Because alleged terrorists are so broadly defined as to include anyone with simple associations with enemy forces, some members of the press have feared that simply speaking with adversaries of the state can land them behind bars.
“First Amendment rights are guaranteed by the Constitution and cannot be legislated away,” Judge Forrest wrote last week. “This Court rejects the Government’s suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention.”