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Judge Forrest had ruled for a temporary injunction against an unconstitutional provision in this law, after government attorneys refused to provide assurances to the court that plaintiffs and others would not be indefinitely detained for engaging in first amendment activities. At that time, twice the government has refused to define what it means to be an “associated force”, and it claimed the right to refrain from offering any clear definition of this term, or clear boundaries of power under this law.
his past week’s hearing was even more terrifying. Government attorneys again, in this hearing, presented no evidence to support their position and brought forth no witnesses. Most incredibly, Obama’s attorneys refused to assure the court, when questioned, that the NDAA’s section 1021 – the provision that permits reporters and others who have not committed crimes to be detained without trial – has not been applied by the US government anywhere in the world after Judge Forrest’s injunction.
Originally posted by EarthCitizen23
Yes, I have waited and waited to see any kind of real response to this,, but America doesn't care,, it is too busy being worried that I might want to marry someone of the same sex
Originally posted by redbarron626
We have been talking about this on ATS.
www.abovetopsecret.com...
In a considerable setback for a president eager to ravage the due process rights of the American people, Federal Judge Kathleen Forrest granted a preliminary injunction on Wednesday, striking down those sections of the National Defense Authorization Act (NDAA) of 2012 which sought to provide Barack Obama the power to indefinitely detain citizens without benefit of their 5th Amendment rights.
Judge Forrest concluded that the Section “…failed to ‘pass Constitutional muster’ because its broad language could be used to quash political dissent.” In a statement clearly directed to lawmakers, she added, ”Section 1021 tries to do too much with too little – it lacks the minimal requirements of definition and scienter that could easily have been added, or could be added, to allow it to pass constitutional muster.” That is, Congress failed—perhaps deliberately– to define “substantial support” of terrorist groups or describe those activities which might be construed as crossing the legal line. And no law may be enforced if those to whom it applies are unable to clearly understand what a violation of that law entails.
US district judge Katherine Forrest, in New York City's eastern district, found that section 1021 – the key section of the National Defense Authorization Act (NDAA) – which had been rushed into law amid secrecy and in haste on New Year's Eve 2011, bestowing on any president the power to detain US citizens indefinitely, without charge or trial, "facially unconstitutional". Forrest concluded that the law does indeed have, as the journalists and peaceful activists who brought the lawsuit against the president and Leon Panetta have argued, a "chilling impact on first amendment rights". Her ruling enjoins that section of the NDAA from becoming law.
Originally posted by Seagle
Originally posted by redbarron626
We have been talking about this on ATS.
www.abovetopsecret.com...
11 replies -Says it all really doesn't it. Nobody gives a f anymore. President? Dictator? WTHC
as long as we have our FOX
Originally posted by Wrabbit2000
Thanks for the catch on this. This is getting downright scary and this President with the people around him are like nothing I've ever seen before. I looked at your links and couldn't believe my eyes. They actually refused to assure the Judge they hadn't used it to Detain reporters or others indefinitely and without charges. Isn't this what so many insisted it didn't really say and he didn't really mean??
What makes it worse.. they wouldn't even confirm it hadn't happened AFTER his injunction. Apparently, Congress is a rubber stamp to be ignored when convenient and the courts? Aww.. they're just 1/2 a branch or something.
WOW... A Constitutional Expert...so expert he taught classes on it, eh? Well, I'd say Harvard needs to look real hard at their curriculum on this because it sure isn't sinking in with some students. The executive isn't *ABOVE* the Judicial, let alone Legislative...but these people sure aren't getting that message.
I'm DYING to see what happens when he's an Ex-President and someone sues ..or even finds basis for more. I'm going to really be entertained if he takes the "It don't mean nothin' approach then. The arrogance is just too much to believe....but as Private Citizen and Ex-President Obama? There are more than a couple Courts in this nation that would LOVE to see anything cross their desks with his name on it and NOT have the White House as the current address of residence.
Originally posted by badcon
Originally posted by Wrabbit2000
Thanks for the catch on this. This is getting downright scary and this President with the people around him are like nothing I've ever seen before. I looked at your links and couldn't believe my eyes. They actually refused to assure the Judge they hadn't used it to Detain reporters or others indefinitely and without charges. Isn't this what so many insisted it didn't really say and he didn't really mean??
What makes it worse.. they wouldn't even confirm it hadn't happened AFTER his injunction. Apparently, Congress is a rubber stamp to be ignored when convenient and the courts? Aww.. they're just 1/2 a branch or something.
WOW... A Constitutional Expert...so expert he taught classes on it, eh? Well, I'd say Harvard needs to look real hard at their curriculum on this because it sure isn't sinking in with some students. The executive isn't *ABOVE* the Judicial, let alone Legislative...but these people sure aren't getting that message.
I'm DYING to see what happens when he's an Ex-President and someone sues ..or even finds basis for more. I'm going to really be entertained if he takes the "It don't mean nothin' approach then. The arrogance is just too much to believe....but as Private Citizen and Ex-President Obama? There are more than a couple Courts in this nation that would LOVE to see anything cross their desks with his name on it and NOT have the White House as the current address of residence.
So you think if Obama gets out of office Romney is going to strike this down? Think again..
paulryan.house.gov...
I believe Congress must support policies that protect Americans from terrorist organizations while still preserving our individual rights and liberties under the Constitution. This legislation accomplishes both.
Mitt Romney:
Mitt Romney - Yes I would Sign NDAA
www.youtube.com...
Originally posted by DerepentLEstranger
Originally posted by Seagle
Originally posted by redbarron626
We have been talking about this on ATS.
www.abovetopsecret.com...
11 replies -Says it all really doesn't it. Nobody gives a f anymore. President? Dictator? WTHC
as long as we have our FOX
perhaps it's just the calm before the storm
do you think the POSUS or anyone else has the power to determine whether you live or die?
i dont, and act accordingly, the time for talk is long over
there can be no truce with kings, nor reasoning with psychopaths
have a book and a viddy
consciousresonance.net...
Editor's note: the article originally stated that the administration lawyers filed an appeal against the injunction on 9 August; this was amended to 6 August on 10 August, at 1pm ET