Military can’t detain Americans indefinitely; NDAA shot down by Federal judge
A federal judge granted a preliminary injunction late Wednesday to block provisions of the 2012 National Defense Authorization Act that would allow the military to indefinitely detain anyone it accuses of knowingly or unknowingly supporting terrorism.
Signed by President Barack Obama on New Year’s Eve, the 565-page NDAA contains a short paragraph, in statute 1021, letting the military detain anyone it suspects “substantially supported” al-Qaida, the Taliban or “associated forces.” The indefinite detention would supposedly last until “the end of hostilities.”
In a 68-page ruling blocking this statute, U.S. District Judge Katherine Forrest agreed that the statute failed to “pass constitutional muster” because its broad language could be used to quash political dissent.
She said the law also gave the government authority to move against individuals who engage in political speech with views that “may be extreme and unpopular as measured against views of an average individual.
According to the judge, the wording was too vague to understand precisely what that part of the Act meant.
This is a victory for the Constitution, especially the 1st and 4th Amendments!
NEW YORK – A judge on Wednesday struck down a portion of a law giving the government wide powers to regulate the detention, interrogation and prosecution of suspected terrorists, saying it left journalists, scholars and political activists facing the prospect of indefinite detention for exercising First Amendment rights.
Video description: Opponents of the the National Defense Authorization Act are celebrating after a judge ruled that the act is unconstitutional. District Judge Katherine Forrest favored a group of activists and journalists who claimed section 1021 could have Americans indefinitely detained without due process only on suspicion of having terrorist ties. For now, the NDAA is blocked and the US government has the option to appeal the ruling.
Video Discrimination: King John was a ruthless king. He took the rights from the people and imprisoned them without trial. The Magna Carta was written because of the rising up of the people, and gave the rights back to the English free men. Is history repeating itself with the NDAA being passed recently in the United States? Has the right to Habeas corpus been taken from us as American citizens?
Ron Paul, Adam Smith Push To End Indefinite Detention Of Americans
WASHINGTON — A bipartisan group of lawmakers is trying to end the law that lets the military indefinitely detain people arrested in America on terrorism charges.
Ever since Congress passed the Authorization to Use Military Force against Al Qaeda and its allies after the 2001 attacks, the White House has asserted the authority to have the military seize suspected terrorists — including Americans — and detain them without trial as long as there is a war on terror.
That policy was enshrined in law with last year’s National Defense Authorization Act, although President Barack Obama has issued rules barring authorities from detaining Americans.
But that is not good enough, said House lawmakers on Wednesday, vowing to pushan amendment by Rep. Adam Smith (D-Wash.) to this year’s National Defense Authorization Act that would expressly require any suspected terrorist caught in the United States or its territories to be tried in civilian courts.
“Hopefully we can be successful this week in clarifying this to make sure once and for all that we as a people don’t endorse the whole notion — which contradicts everything we should believe in — that we could be arrested and put in secret prisons,” said Rep. Ron Paul (R-Texas), lending his national status as a libertarian leader to the effort.
“If we don’t change this, believe me, this country is in serious trouble,” Paul said.