Share on Google Plus Share on Twitter Share on Facebook 1 Share on LinkedIn Share on PInterest Share on Fark! Share on Reddit Share on StumbleUpon Tell A Friend (1 Shares)  
Printer Friendly Page Save As Favorite View Favorites View Stats   6 comments

OpEdNews Op Eds

Unlike Afghan leaders, Obama fights for power of indefinite military detention

By (about the author)     Permalink       (Page 1 of 2 pages)
Related Topic(s): ; ; ; ; ; ; ; , Add Tags Add to My Group(s)

News 3   Supported 3   Valuable 3  
View Ratings | Rate It Headlined to H3 9/19/12

Become a Fan
  (125 fans)
- Advertisement -
Cross-posted from The Guardian

Obama lawyers file a breathless, angry appeal against the court ruling that invalidated the NDAA's chilling 2011 detention law  

In May, something extremely rare happened: a federal court applied the US constitution to impose some limits on the powers of the president. That happened when federal district court judge Katherine Forrest of the southern district of New York, an Obama appointee, preliminarily barred enforcement of the National Defense Authorization Act (NDAA), the statute enacted by Congress in December 2011 with broad bipartisan support and signed into law by President Obama (after he had threatened to veto it).

That 2011 law expressly grants the president the power to indefinitely detain in military custody not only accused terrorists, but also their supporters, all without charges or trial. It does so by empowering the president to indefinitely detain not only al-Qaida members, but also members of so-called "associated forces," as well as anyone found to "substantially support" such forces -- whatever those terms might mean. I wrote about that decision and the background to this case when it was issued.

What made Judge Forrest's ruling particularly remarkable is that the lawsuit was brought by eight journalists and activists, such as former New York Times reporter Chris Hedges, Daniel Ellsberg, Noam Chomsky, and Birgitta Jonsdottir, who argued that their work, which involves interactions with accused terrorists, could subject them to indefinite detention under the law's broad and vague authority, even for US citizens on US soil. The court agreed, noting that the plaintiffs presented "evidence of concrete -- non-hypothetical -- ways in which the presence of the legislation has already impacted those expressive and associational activities." The court was particularly disturbed by the Obama DOJ's adamant refusal to say, in response to being asked multiple times, that the law could not be used to indefinitely detain the plaintiffs due to their journalistic and political activities.

Last week, Judge Forrest made her preliminary ruling permanent, issuing a 112-page decision explaining it. Noting that the plaintiffs "testified credibly to having an actual and reasonable fear that their activities will subject them to indefinite military detention," she emphasized how dangerous this new law is, given the extremely broad discretion it vests in the president to order people detained in military custody with no charges:

- Advertisement -

Click Here to Read Whole Article


- Advertisement -
Build a Community of Supporters

Ad info: click here

Top Content
in the Last 2 Days
(by Page Views)

Meet The Man Who Funds ISIS: Bilal Erdogan, The Son Of Turkey's President Posted by Scott Baker (see # of pageviews)

Sultan Erdogan's War on...Russia by Pepe Escobar (see # of pageviews)

Why the West Won't Hit ISIS Where it Hurts by Tony Cartalucci (see # of pageviews)

Guest Column -- Why did Turkey shoot down a Russian Air Force jet? by Paul Craig Roberts (see # of pageviews)

Why Turkey Stabbed Russia in the Back by Pepe Escobar (see # of pageviews)

Why the CIA is smearing Edward Snowden after the Paris attacks by Glenn Greenwald (see # of pageviews)

President Obama Feeds the Homeless on Thanksgiving Day: Why Don't We All Love Him? by William P. Homans (see # of pageviews)

NATO: This Deal is a Turkey by Thomas Knapp (see # of pageviews)

Stall Speed of SU-24 by Paul Craig Roberts (see # of pageviews)

Now Vietnam Thumbs Nose At TPP's Unenforceable Labor Provisions by Dave Johnson (see # of pageviews)

Bad Policy, Bad Ethics: U.S. Military Bases Abroad by Matt Peppe (see # of pageviews)

Turkey Is Lying by Paul Craig Roberts (see # of pageviews)

Why No True Democrat Should Support Hillary Clinton by Michael Blecher (see # of pageviews)

For Bernie Sanders: A Practical Plan for Free College Education That Can Work Now! by Bernard Starr (see # of pageviews)

Monsanto's Roundup: The Whole Toxic Enchilada by Katherine Paul (see # of pageviews)

Who Will Fight ISIS? by Bob Burnett (see # of pageviews)

The 9/11 Blame Game by Joe Giambrone (see # of pageviews)

Vladimir Putin claims US "leaked" to Turkey the flight path of downed Russian jet Posted by Sheila Samples (see # of pageviews)

Maldives - Trouble in Paradise? by James Duglous Crickton (see # of pageviews)

An American in Brighton by Linh Dinh (see # of pageviews)

Fortress Europe and Its Trojan Horse by Deena Stryker (see # of pageviews)

Donald Trump and the Legacy of Joe McCarthy by John Kiriakou (see # of pageviews)

Why Bernie Sanders should be the next Commander in Chief! by George King (see # of pageviews)

Word Games: False Premises Fuel Bogus Debate on Bombing Syria by Chris Floyd (see # of pageviews)

Terrorism on American Soil by Walter Brasch (see # of pageviews)

Go To Top 50 Most Popular

- Advertisement -

The Last War Crime movie
What if there was only one chance for justice?

- Advertisement -

Traces the pathway the Republican-Christian Alliance took, from historical reality to an all-too-predictable dystopic future What if there was only one chance for justice?

Classics of Liberal Thinking

Progressive Radio Links

- Advertisement -
Help us restore justice and free Don Siegelman