Military Detention Law Blocked by U.S. Judge in New York (NDAA)

Originally posted by Swills

The case is Hedges v. Obama, 12-cv-00331, U.S. District Court, Southern District of New York (Manhattan)

www.bloomberg.com...

A federal judge permanently blocked enforcement of a U.S. law that opponents claim may subject them to indefinite military detention for activities including news reporting and political activism.

U.S. District Judge Katherine Forrest in Manhattan today ruled that the law, passed as part of the National Defense Authorization Act for 2012, is unconstitutionally vague.

“Here, the stakes get no higher: indefinite military detention -- potential detention during a war on terrorism that is not expected to end in the foreseeable future, if ever,” Forrest wrote in a 112-page opinion today. “The Constitution requires specificity -- and that specificity is absent” from the law.

Forrest made permanent a preliminary injunction against the law that she ordered in May, ruling today that the statute violates rights guaranteed by the First, Fifth and 14th Amendments to the U.S. Constitution. The government is appealing Forrest’s May order.

Ellen Davis, a spokeswoman for U.S. Attorney Preet Bharara in Manhattan, declined to comment on the ruling.

Woot! Rational and good people are in the system making themselves known and finally saying no to injustice! Support this judge! Of course you will!

Katherine B. Forrest | Wikipedia

Katherine Bolan Forrest (born February 13, 1964) is an American lawyer and judge, serving on the United States District Court for the Southern District of New York.

On May 4, 2011, President Barack Obama nominated Forrest to fill a judicial seat on the United States District Court for the Southern District of New York that had been vacated by Judge Jed S. Rakoff, who took senior status at the end of 2010.[5] The U.S. Senate confirmed Forrest in a voice vote on October 13, 2011.[6][7] She received her judicial commission on October 17, 2011.

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edit on 12-9-2012 by Swills because: (no reason given)

Its about time someone took on the NDAA law and won. The victory might just be bitter sweet if they can make it stick. You all know the US Justice Dept is going to fight this. The only way to stop it is to get rid of Eric Holder & Co. They have to go. When they go, the challenges in court will cease.

reply to post by Labrynth2012


I wouldn't worry, I hear she told Obama's lawyers to not even bother appealing, but of course Obama's lawyers are going to appeal anyway regardless.

Obama appeals NDAA indefinite detention ban | RT News

I looked at sites for ABC, CBS, NBC, CNN, and FOX. ABC posted the AP article. FOX didn't, but it seems to be the only MSM concerned with NDAA. I don't watch TV. Is the MSM TV reporting on this big news?

This is excellent news. Both the signing of the 2012 NDAA and the leaving open of the possibility of "enhanced interrogation techniques" in his 2009 executive order are reasons for my not voting for Obama. People in my life want me to anyway, saying that not voting for Obama is like a vote for Romney, who I also do not support. But I disagree and must vote my conscience.

This ruling is a step away from the precipice of tyranny that we in my opinion have been inching toward for many years, now. I will follow this judge's continuing career with interest.

a judge with free thought, nice

I think I am seriously in love with the Supreme Court. They sit back for years and watch all the crazy # happen and then just overrule it in one swoop. They are so cool.

This situation is how the system is SUPPOSED to work!Unfortunately it more often than not fails...Anyway that judge has guts and we can't get enough of them,IMO.

It is pretty sad to see obama fighting against the constitution so hard.. A judge literally destroys his attempt by simply ruling the total unconstitutionality of the law..

A treasonous president like this should be simply recalled, if there was such an option... People in government jobs doing lesser disgusting things against american laws than this have had their butts kicked right out of town.. One example was a Seattle Washington mayor who tried to make a few nazi gestapo style laws that hurt law abiding citizens, and they kicked him out of the city..

Obama should be tied up to a whipping post and have the hide beaten from his sorry rear end.

Any president that does things such as this should be horse whipped..yes, literally..

This is great, if it was being covered. It sort of ties in with the world events happening all around the world doesn't it? We don't want to scare our population in NOT being politically active right now. Do we? We don't want the American population to think that if they voice an opinion, the government is going to lock us up do we?

Of course, American's think we have no national terrorists.

I do think it's good thing though. I just look at the agenda underneath. No one is going to notice it or care, which paves the way, if Obama gets his way, doesn't it?