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U.S. asks judge to undo ruling against military detention law

May 26, 2012
Basil Katz, Reuters

Federal prosecutors on Friday urged a judge to lift her order barring enforcement of part of a new law that permits indefinite military detention, a measure critics including a prize-winning journalist say is too vague and threatens free speech.

Manhattan federal court Judge Katherine Forrest this month ruled in favor of activists and reporters who said they feared being detained under a section of the law, signed by President Barack Obama in December.

The government says indefinite military detention without trial is justified in some cases involving militants and their supporters.

But critics worry that the law is unclear and gives the Executive Branch sole discretion to decide who and what type of activities can be considered as supporting militants.

The judge’s preliminary injunction bars the government from enforcing section 1021 of the National Defense Authorization Act‘s “Homeland Battlefield” provisions.

The section authorizes indefinite military detention for those deemed to have “substantially supported” al Qaeda, the Taliban or “associated forces.”

And now… the rest of the story. …..

One Comment leave one →
  1. Rwolf permalink
    May 26, 2012 2:48 pm

    NDAA Indefinite Detention—is Fascism

    It is no surprise The P{resident’s Federal prosecutors recently urged a federal judge to lift her order barring enforcement of a vague part of NDAA that permits indefinite military detention and threatens free speech.

    NDAA 2012 can be used by a tyrannical U.S. Government to have arrested without probable cause—any lawful protester, writer, speaker on the pretext they are a Belligerent. NDAA can be used by the President to indefinitely incarcerate (silence) ANYONE who would dare speak out, protest or write against a government policy, coalition partner or support any issues opposed by the President or Administration. NDAA Indefinite Detention provisions appear written so the President, Justice Department and military can arrest lawful Americans—that exercise their Constitutional Right of Free Speech and Assembly.

    Should this brave federal judge give in to Obama’s Federal prosecutors, restore the fascist Indefinite Detention provisions of NDAA, President Obama will have the power to incarcerate any American without probable cause—or their knowing the charges against them, no right to an attorney, trial or judicial proceeding. Fascism? President Obama would have Americans believe the President needs this power in some cases. Does President think Americans are dumb? NDAA includes the term “Belligerent” allowing U.S. Government and the military to round up and Indefinitely Detain unlimited numbers of Americans not involved in terrorism. Under NDAA 2012, thousands of Americans may already be subject to Indefinite U.S. Military Prison Detention without charges or right to an attorney or trial? Most American activists don’t know what other activists and groups they networked or associated did before NDAA 2012—that the President or Justice Department retroactively may alleged under NDAA was illegal. The National Authorization Act of 2012 and USA Patriot Act are expansive and vague—what constitutes (1) supporting or aiding terrorists, (2) a terrorist act; (3) when someone is a “Combatant” or (4) “a Belligerent.” For example, Americans advocating, attending or supporting a meeting or protest demonstration against a U.S. Government Agency; Policy or U.S. Military Action—could be charged with (1) (2) (3) and (4) under NDAA and the Patriot Act.

    Under NDAA, corrupt federal and local law enforcement need only plant evidence; entrap participants of lawful groups to cause indefinite detention of group participants and supporters. Under NDAA framed and entrapped Americans may not even have access to an attorney. NDAA—is Fascism.

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