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Government Defies Federal Judge on NDAA

Wednesday, May 30, 2012 18:23
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When 4th District Court Judge Katherine Forrest ruled the NDAA unconstitutional, there was wide rejoicing across the internet. Posts from prominent civil liberties activists, like journalist David Seaman, rang out with VIICCTOOORRYY! A Russia Today newscast titled  “NDAA Shot Down, But Threats Remain” seemed to imply that the fight was over, or “on hold.” But it was only just beginning.

Do you remember, from your high school or college government courses, where they talked about the court having “neither the power of the sword nor the purse?” That means the High Courts of the United States cannot force the government to accept their ruling. They can heavily imply it, but they have no power to force government compliance. When the Supreme Court ruled against the government in Worcester v. Georgia, President Andrew Jackson is famous for having responded: “[Justice] John Marshall has made his decision, now let him enforce it.”

The tyrannical U.S. Government has taken the exact same tack with the ruling against them on the NDAA. But first, let’s quickly recap exactly how weak the government case in favor of the NDAA actually was. In Hedges v. Obama, the government routinely avoided the judge’s questions and demands:

The Court: “when we are talking about cases which have used the phrase ‘substantially supported’ and said that that is a valid criterion under the AUMF or of the legislation, that’s not the same thing as  saying that . . . any court has found, one way or the other, that ‘substantially supported’ has an  understandable meaning to an ordinary citizen?”

The Government: “It’s true that the courts have not expressly ruled that, that’s right.” The

The Court: Give me an example. Tell me what it means to substantially support associated forces.

Government: I’m not in a position to give specific examples.

The Court: Give me one.

Government: I’m not in a position to give one specific example.


The Court: “Assume you were just an American citizen and you’re reading the statute and you wanted to make sure you do not run afoul of it because you are a diligent U.S. citizen wanting to stay on the right side of §1021, and you read the phrase ‘directly supported’. What does that mean to you?”

Government: Again it has to be taken in the context of armed conflict informed by the laws of war.

Court: That’s fine. Tell me what that means?

The Government: “I cannot offer a specific example. I don’t have a specific example.”

After seeing the ridiculous responses the government had given her, and finding that even the government could not define those terms, Judge Katherine Forrest issued her ruling against the NDAA, stating:

This measure has a chilling impact on first amendment rights.”

She then granted her temporary injunction:

“As   set  forth  above,   this  Court  has  found  that  plaintiffs  have shown  a   likelihood  of  success  on  the  merits  regarding  their constitutional  claim  and  it therefore  has  a   responsibility  to insure  that  the  public’s  constitutional  rights  are  protected.

Accordingly,   this  Court  finds  that  the  public  interest  is best  served  by  the  issuance  of  the  preliminary  relief  recited herein.”

This should be the end of it. This landmark case should be a victory for Americans, the Constitution and the Bill of Rights. The judge clearly states “the public’s constitutional rights” and “the public interest.” Hey, I’m a part of the public, so I’m protected now!

Not so fast. Our tyrannical government, in one sentence, has chosen to defy a ruling by a federal judge.

“The government construes this Court’s Order as applying only as to the named plaintiffs in this suit.”

Just when you want to believe there are good people in the highest levels of our federal government, statements like this bring you back to reality. The government continued:

“Although the Order fails to comply with Fed. R. Civ. P. 58, and the concluding paragraph of the Order is not, on its face, clear as to whom the injunction benefits, the government reads it in light of the well-established principle that courts “neither want nor need to provide relief to nonparties when a narrower remedy will fully protect the litigants”

Excuse me? Let’s very quickly compare Federal District Court Judge Katherine Forrest’s Order:

“Accordingly,   this  Court  finds  that  the  public  interest  is best  served  by  the  issuance  of  the  preliminary  relief  recited herein”

With the government’s response:

“The government construes this Court’s Order as applying only as to the named plaintiffs in this suit.”

The Judge said her order was to protect the public interest. No informed human being could read it otherwise. Yet, according to the government, they can still detain you because you are not a named plaintiff. Our government is so entwined in a power grab, they will stop at nothing, even twisting court orders, to strip us of our Constitutional rights.

The government defied the court, the Constitution, and our Founding Fathers. It stops here.

There is no more time for procrastination, for hoping the government will fix itself. There is no more time to rely on the courts. There is no time to rely on Congress. The time to act is now.

It is now up to “We the People” to take down this tyranny.

Join the movement to repeal the NDAA:

People Against the NDAA – Unite!

PANDA’s First Victory: /story/2162/657/Pennsylvania_Constable_to_Nullify_NDAA_and_Patriot_Act.html

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Total 7 comments
  • Anonymous

    Hold them in contempt and issue a warrant for their arrest. then we’ll see who “construes” what exactly.

  • Anonymous


  • Anonymous

    When the government is willing to split up and cease to recognize its other branches then the United State has ceased to exist.
    The constitution IS the United States government. When this malignant thing we have now gets so twisted that it finally fails to follow the rules set forth by the founders, then it is time to again refer the the United States in the context of ” the United States are” instead of the ” United States is” at some point enough people are going to decide that the “Old country” is worth dying for to bring it back, and at that point the military is going to have to decide which ideal they are going to support.

    Will it be the modern version in which they will have to fire on mom and dad, or will we finally get a reboot back to the point that the government is by the people for the people instead of by the elite for the few. The tree of liberty is in need of watering again and it looks like it may be required on
    our watch. This is an unpleasant task that is required of strong men of principle and integrity.

    Some hard questions everyone will have to answer in their own hearts sooner or later.

    How much are your childrens and your communities children futures really worth to you? And are you really willing to pay the price that may be demanded for their safe future?

  • putupjob

    NDAA is awesome to Ratbama and to the Senate (93-7).
    It will not go away.
    NDAA greatly increases government power and the goons in government love it as a result.

  • Anonymous

    What are the chances this is partly why ndaa was signed…..

  • Anonymous

    Join others at your local city/state capitol buildings. Gather now brothers.

  • iamtwisted

    The Government is completly out of control. If we the people sit idely by during this transformation of our once great nation, then we to are guilty. This needs to stop and it needs to stop now. Call all your friends and relatives to stand up to the tryanny and illegal actions these people are doing and imposing on us as a nation. For those of you in power…quick message we the people are fed up and you wont be any safer than us when shtf. You all who are doing nothing during this time are as guilty as those trying to pass these illegal laws, you forget we the people put you there and we can remove you one way or another!!

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