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The NDAA Is Worse Than We Thought

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The Government then returned to the Laws of War and finally stated, "I cannot offer a specific example. I don't have a specific example."

Later Judge Forrester addressed the specific activities in which the plaintiffs had engaged and wished to continue to engage as part of their livelihoods, including gathering information from sources.    The question of the meaning of "associated forces" was central.

"Court: These people have real things they are saying. These are not speculative or hypotheticals. These are people who have actually written articles that we have here. [The Court then held up the articles written by O'Brien and marked as Court Ex. 3.] We are trying to figure out, are these articles going to subject Ms. O'Brien to risk under - 1021? . . . .

Government: Again, I'm not authorized to make specific representations regarding specific people. I'm saying that "associated forces' cannot extend to groups that are not armed groups at all.


Court: So we don't know about the articles, it depends?


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Government: Maybe they are an armed group.


With respect to Jonsdottir the Court asked:


I'm asking you as a representative of the United States Government here today, can Ms. Jonsdottir travel to the United States without any concern that she will be captured by her current activities under - 1021?

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Government: Again, I can't make representations on specifics. I don't know what she has been up to. I don't know what is going on there.


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Professor of Criminal Justice

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This legislation is a frightening step towards a c... by Jana Nestlerode on Saturday, Jun 16, 2012 at 1:24:50 PM
Page not found pops up when clicking 2 - 5.... by Jerry Scott on Saturday, Jun 16, 2012 at 7:03:25 PM
Inasmuch as only the first page of the Professor's... by M.I. Lee on Saturday, Jun 16, 2012 at 8:53:00 PM
Not seeing much movement in this country to protes... by Deborah Dills on Saturday, Jun 16, 2012 at 10:17:04 PM
Maybe the representatives who voted for NDAA shou... by Rudy Avizius on Thursday, Jun 28, 2012 at 2:16:33 PM
Nestlerode has expressed my opinions exactly. Begi... by martin weiss on Sunday, Jun 17, 2012 at 4:10:52 PM
people in power can violate our rights and abuse t... by Mark Adams JD/MBA on Sunday, Jun 17, 2012 at 5:31:20 PM
I'm going to make it a point to read your writings... by Jana Nestlerode on Monday, Jun 18, 2012 at 3:44:43 PM
Great article Jana.  I was just spell bound... by acomfort acomfort on Sunday, Jun 17, 2012 at 6:25:28 PM
This is an abrogation of the Constitution. Nothing... by Gustav Wynn on Sunday, Jun 17, 2012 at 8:12:30 PM
Great comments.  But the answer to making sen... by Tom Madison on Sunday, Jun 17, 2012 at 9:23:33 PM
The view that most Americans hold regarding NDAA i... by William Tremblay on Sunday, Jun 17, 2012 at 11:42:15 PM
Under the 2001 law and the NDAA, citizens can be d... by Laura Stein on Sunday, Jul 1, 2012 at 1:32:47 AM
I wonder if the people who voted for this draconia... by Brian Kerry on Monday, Jun 18, 2012 at 11:50:25 AM
The view that most Americans hold regarding NDAA i... by William Tremblay on Wednesday, Jun 20, 2012 at 12:18:58 AM
There were hundreds of thousands of us Americans w... by Tim Sanders on Thursday, Jun 21, 2012 at 2:57:54 AM
Great article. Thank you for putting the pieces to... by Rudy Avizius on Thursday, Jun 28, 2012 at 2:09:07 PM