Obama wins right to indefinitely detain Americans under NDAA
Tue Sep 18, 2012 6:32PM GMT
A federal appeals judge gave the Obama administration the OK to keep enforcing its indefinite detention policy Tuesday, issuing a temporary stay of a ruling that had found the practice unconstitutional.
The stay, issued by Judge Raymond Lohier of the U.S. Court of Appeals for the 2nd Circuit, lasts until Sept. 28, when a three-judge appellate panel will hear the case.
U.S. District Judge Katherine Forrest, who sits in the Southern District of New York, had ruled against the administration last week, issuing a permanent injunction against section 1021 of the National Defense Authorization Act of 2012 on the grounds that it violates the First and Fifth Amendments.
Forrest also denied a stay request, rebuffing the argument of federal lawyers that stopping enforcement of the law does “irreparable harm” to the government.
The law allows the executive branch to hold without trial any person, including Americans, “who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces.”
Obama and the federal government were sued by a group of activists and journalists, including former New York Times writer Chris Hedges, academic Noam Chomsky and activist reporter Tangerine Bolen.
Forrest ruled that the law is so vague that simply by doing their usual work, the plaintiffs could conceivably be deemed to “substantially support” an “associated force” of the Taliban or al Qaeda, and thereby fall under the law’s sway. The Huffington Post
FACTS & FIGURES
Because alleged terrorists are so broadly defined as to include anyone with simple associations with enemy forces, some members of the press have feared that simply speaking with adversaries of the state can land them behind bars. RT
Last December, President Barack Obama signed the NDAA into law, though explained his hesitation to support the bill due to the indefinite detention provision allowing the U.S. government the ability to detain suspected terrorists (including American citizens) without charge, trial, or basic human rights guaranteed by the U.S. Constitution. Inquisitor.com
After the 9/11 attacks and America’s wars on Afghanistan and Iraq, major cases of systematic abuse and torture were reported at U.S. detention centers. The most controversial were the Guantanamo Bay facility, Bagram and the notorious Abu Ghraib detention center. The Huffington Post