Judge rules against NDAA indefinite detention – Obama Admin immediately appeals

On New Year’s Eve, December 31, 2011, President Obama signed into law H.R. 1540, the National Defense Authorization Act of 2012 (NDAA). This innocuous sounding bill, a version of which is passed every year, contained something much different than previous versions.

For those who aren’t paying attention, this is one you shouldn’t ignore because it is directed at YOU. Let me repeat myself … this bill gives the federal government the draconian power to arrest American citizens … on American soil … without a warrant … and to detain them indefinitely … without trial or hearing. This is a law so destructive to our concept of due process that it has drawn criticism and concern from all corners of the political spectrum.

Read more at http://monachuslex.com/?p=1983

Good for Judge Forrest!

Thank you for another great article John. The NDAA is repugnant and I can't believe even the furthest right-wing accepts it.

twoskinsonemanns said:

Thank you for another great article John. The NDAA is repugnant and I can't believe even the furthest right-wing accepts it.

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The number of senators who voted for it is disturbing.


http://freakoutnation.com/2011/12/1...ss-ndaa-need-to-occupy-the-unemployment-line/

John Pierce said:

<snip>This is a law so destructive to our concept of due process that it has drawn criticism and concern from all corners of the political spectrum.

Read more at http://monachuslex.com/?p=1983

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Obviously not enough criticism nor concern in the corners that matter. It passed through congress and was signed into law. The only corners that matter are the corners that write the law and the corner that signs the law into law.

Seems this issue may be in front of SCOTUS sooner rather than later. After ObamaCare there is no telling what will happen.

John Pierce said:

The number of senators who voted for it is disturbing.


http://freakoutnation.com/2011/12/1...ss-ndaa-need-to-occupy-the-unemployment-line/

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Thanks for the link John, but I have sent 12-15 emails to Rockefeller and Manchin with no reply what-so-ever! Miss Moore has sent me a few robotic, pre-scripted letters based on key words in my emails/letters but I don't pretend they care about my opinion. I solemnly swear I will not give my endorsement to either of the current two party system as long as this charade continues.

Judge forest arrested and detained - detainment to be indefinite

Just kidding ... but really, the judge should watch out.

What's disgusting about our jurisprudence is that laws passed are presumed to be constitutional .... it allows them to pass these freaking laws and laugh about it later....


And they are laughing and laughing .... couldn't give a crap over if they passed a law that is wrong; that a 5 yr old could tell is wrong.

davidmcbeth said:

What's disgusting about our jurisprudence is that laws passed are presumed to be constitutional .... it allows them to pass these freaking laws and laugh about it later....

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And is why I feel that our system needs to have an automatic checking system in place.
Any Executive Order being signed by the President that even looks like it is creating a law or legislating should be approved by both Houses of Congress before being sent to the SCOTUS to determine Constitutionality before becoming effective.
Likewise, all bills produced by Congress and signed by the President (or Veto'd and overcome by Congress) should be reviewed by the SCOTUS for Constitutionality before becoming law.

I know that doing this will in effect bring our Government to a grinding halt as the SCOTUS does not seem to be able to think very quickly or without hearing Pro & Con arguments to make their decision on. But then, maybe that is exactly what "We the People" need these days.

OC for ME said:

Seems this issue may be in front of SCOTUS sooner rather than later. After ObamaCare there is no telling what will happen.

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Who's going to bring it before them? If you haven't been detained you won't have standing. If you are being detained, then your requests for a lawyer will be met with "Shut up! You don't get a lawyer, you're an enemy combatant."- Lindsey Graham (R) SC

When you're depending on a fair trial to restore your right to a fair trial, you are ****ed.

Some laws that define what a terrorist is. This is appalling.
http://www.youtube.com/watch?v=iD1T61oTrR8

In a statement that accompanied his signature, President Obama said that even though the bill had been revised in congressional negotiations, he still had “serious reservations” about NDAA provisions that regulate the detention, interrogation and prosecution of suspected terrorists. He explained that he had signed the more than 500-page defense bill because of its military funding provisions, despite these continuing concerns.It was President George W. Bush, together with Vice-President Dick Cheney, Defense Secretary Donald Rumsfeld, and a host of other senior Bush administration officials who took the most radical and important steps toward establishing indefinite detention without trial as a mainstay of the US approach to fighting terrorism. But the Bush administration, preferring to act unilaterally, did not even bother to seek congressional sanction for its indefinite detention schemes. It established Guantanamo on its own, held American citizens without charge in the absence of a legislative mandate to do so, and fought judicial oversight tooth and nail.

Pres. Obama's signing statement:http://www.whitehouse.gov/the-press-office/2011/12/31/statement-president-hr-1540
The part that stuck out to me was this:
" Moreover, I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a Nation. My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law."

Ah yes. I'll go ahead and sign it INTO LAW but trust me I won't use it.

Sweet mental food for the feeble.

And they just got a stay of the injunction.

link: http://www.emptywheel.net/wp-content/uploads/2012/09/ndaaca2tempord.pdf