NDAA on trial: Obama Admin refusing to tell a federal judge if they’ve abided by an injunction that prohibits them from such.(
RT).Not only is the White House fighting in court for the power to jail Americans
indefinitely without trial, but the Obama administration is refusing to tell a
federal judge if they’ve abided by an injunction that prohibits them from
such.
Attorneys for the White House have been in-and-out of court in Manhattan this
week to argue that the indefinite detention provisions of the National Defense
Authorization Act of 2012, or NDAA, are necessary for the safety and security of
the nation. When President Barack Obama
signed
the bill on December 31, he granted the government the power to put any
American away in jail over even suspected terrorist ties, but federal court
Judge Katherine Forrest ruled in May that this particular part of the NDAA,
Section 1021, failed to “
pass constitutional muster” and ordered a
temporary
injunction.
On Monday, White House attorneys asked for an
appeal for that injunction so that they’d be once more legally
permitted to indefinitely detain anyone over mere accusations. When specifically
asked to answer whether or not they’ve adhered by Judge Forrest’s injunction so
far, though, administration attorneys refused to cooperate with the
questioning.
Activist and reporter Tangerine Bolen is a plaintiff in the case against the
NDAA, and in an op-ed published Thursday in the Daily Cloudt, she writes that
the federal attorneys asking for an appeal have declined to reveal whether or
not they’ve cooperated with the judge’s May 2012 injunction.
If the government
has arrested anyone over alleged “belligerent ties” since Judge Forrest
ordered a temporary stay, the government could be in contempt of court.
“Obama’s attorneys refused to assure the court, when questioned, that the
NDAA’s section 1021 – the provision that permits reporters and others who have
not committed crimes to be detained without trial – has not been applied by the
US government anywhere in the world after Judge Forrest’s injunction,”
Tangerine tells Daily Cloudt.
“In other words, they were telling a US
federal judge that they could not, or would not, state whether Obama’s
government had complied with the legal injunction that she had laid down before
them.”
In its original form, the NDAA allows the military hold anyone accused of
having “
substantially supported” al-Qaeda, the Taliban
or
“associated forces” until
“the end of hostilities” and
indefinitely imprison anyone who commits a
“belligerent act” against
the United States, yet fails to explicitly define what is constituted as such.
In her injunction, Judge Forrest said,
“In the face of what could be
indeterminate military detention, due process requires more.”
“An individual could run the risk of substantially supporting or directly
supporting an associated force without even being aware that he or she was doing
so,” the judge
ruled.
Pulitzer Prize-winning journalist Chris Hedges is also a plaintiff in the
case and along with Tangerine warns that his own investigative work could be
construed by the government to put him away in prison for life.
“I have had dinner more times than I can count with people whom this
country brands as terrorists,” Hedges wrote earlier this year, “
but
that does not make me one.”
Carl Mayer, an attorney representing the plaintiffs in the case,
told RT that he expected the White House to appeal the judge’s
injunction, but that he considered it a lost cause.
“[W]e are suggesting that it may not be in their best interest because
there are so many people from all sides of the political spectrum opposed to
this law that they ought to just say, ‘We’re not going to appeal,’” Mayer
said.
Mayer stated that, because of the injunction
, “The NDAA cannot be used to
pick up Americans in a proverbial black van or in any other way that the
administration might decide to try to get people into the military justice
system. It means that the government is foreclosed now from engaging in this
type of action against the civil liberties of Americans.” Now, however, the
White House wants the power to be once more restored.
Outside of federal court on Thursday, Hedges appeared pleased, Courthouse
News reports.
“It didn’t appear to me by the end that [the government] had any argument
to stand on,” Hedges said. “The judge eviscerated them.”
Even with the injunction still standing, though, the government has yet to
admit if it’s adhering to Judge Forrest’s ruling.
Hmmmmm.....Obama: "“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.”Read the full story
here.