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District Court: Obama Can Continue NDAA Indefinite Detention

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A three panel federal district court has ruled to extend Obama’s power to continue indefinite detention pending a final appeals court ruling.

The temporary stay which overturned a ban on indefinite detention as authorized under the National Defense Authorization Act has now been extended indefinitely pending a final appeals court ruling.

The extension of the stay comes from a three panel district court ruling which ruled that Judge Forrest made erred in issuing a ban on indefinite detention.

However, merely stating that Judge Forrest erred is misleading although technically correct.

Furthermore while the ruling does allow President Obama to continue the indefinite detention the ruling is actually a victory for Americans.

Before anyone gets worked up let me explain.

As previously pointed out, during the trial Obama’s lawyers refused to define or clarify the terms “substantially supporting”,  “terrorism” or who the “associated forces” where that the NDAA allowed the United States government to indefinitely detain.

Worse is during the course of trial Obama’s lawyers refused to assert to Judge Forrest that the plaintiffs, which is a collection of journalists and public advocacy activists, not be targeted for indefinite detention simply for their participating in constitutionally protected activities.

To be clear, the government refused to say that journalists such as Chris Hedges and Naomi Wolf wouldn’t be subjected to indefinite detention for exercising their Freedom of Press activities.

The government also refused to state that activists wouldn’t be targeted for exercising Free Speech.

Moreover the government refused to state that American Citizens would not be indefinitely detained under the NDAA.

Obama’s lawyers had pinned their hopes on winning the case based simply on the claim that the plaintiffs did not have jurisdiction

Judge Forrest in ruling on the original case issued a preliminary temporary and then a final permanent ban on Indefinite Detention on grounds the provision violated the First, Fourth and Fifth amendments based on how Obama argued the case.

That forced Obama to change his tune in filing his motion to delay the ban on indefinite detention.

In that motion Obama was forced to clarify who indefinite detention applied to and to state that the Plaintiff’s would not be targeted for indefinite detention for their activities.

Obama was further forced to provide clarification of the terms “substantially support” and “associated forces” although the terms are still not clearly defined.

However, Obama was forced to limit the scope of those terms to what the original 2001 Authorization of Military Force granted following 9/11 which means the NDAA can only be applied to those who directly supported or aided in the 9/11 terror attacks and in direct hostilities against the United States and its allies in the war on terror.

Most importantly it made Obama’s lawyers clearly assert that the United States would not be applied to American Citizens or those captured on United States soil.

In the three judge panels ruling this is reiterated, allowing Obama to continue indefinite detention of those engaged in hostilities overseas.

The ruling further makes it clear that the NDAA provision authorizing indefinite detention can be invoked to detain U.S. citizens.

Now that Obama has been forced to change his legal arguments and not only define these terms but also assert NDAA indefinite detention would not apply to the journalists, activists or American’s in general the district court had no choice to but to rule Judge Forrest erred in her ruling.

To be clear prior to Obama’s motion to stay the NDAA was open to vague interpretation and could have, and possibly already is, been invoked to detain American citizens.

That indeed was Judge Forrest interpretation given Obama’s refusal to deny that interpretation when repeatedly and bluntly asked if the government interpreted the provision so it could be used in that manner.

Now that the Obama administration has finally stated on the record that not their interpretation, hence preventing them from using that interpretation without being held in contempt of court, it clearly means Judge Forrest erred in blocking indefinite detention for coming to the conclusion that was the government’s interpretation.

Here’s today’s ruling followed by a complete background of the case.

Complete background leading up to the Judge Forests permanent ban on indefinite detention:

Continuing the background, Obama again appealed the permanent injunction in record time.

The White House reiterated its appeal.

Then Obama won that appeal on a temporary basis, pending today’s decision.

The the plaintiff countered filed with this motion being the latest filing prior to today’s district panel ruling.

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