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Bought and Paid NDAA Judges: Chin, Lohier, Droney

Tuesday, October 2, 2012 19:40

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The Bill of Rights, which most Americans seem to take for granted, has been dealt yet another serious blow. The DOJ and the Obama Administration immediately fought Judge Forrest’s September ruling, and received a stay from Judge Lohier, who was appointed by Obama. But today, at the US Court of Appeals in New York, three judges continued the stay, which allows for the indefinite detention of anyone “until hostilities end.” All three judges were appointed by President Obama.

Judge Forrest attempted to follow the Constitution, and coax the government’s intentions out without issuing an injunction. But after her questions weren’t answered by the government, which directly dealt with the plaintiffs concerns, it became clear the nefarious nature of section 1021 and 1022 of the NDAA.

From Indypendent.org

During the May hearing on whether or not to grant a preliminary injunction against the enforcement of the law, Forrest (an Obama appointee) asked the Attorney General’s lawyers to give some definition to the terms that Hedges, et al object to.

The transcript of the hearing reads as follows:

Judge: 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.
Judge: Give me one.
Government: I’m not in a position to give one specific example.
Shortly thereafter, Judge Forrest asked again: What does ‘directly supported’ mean?
Government: We have not said anything about that in our brief.
Judge: What do you think it means?
Government: . . . Your Honor, we had focused so much on the phrase that was challenged by the plaintiffs, ‘substantial support’ that I have not thought through exactly and we have not come to a position on what ‘direct support’ [*40] and what that means.

Judge Forrest tried five times to get the government to state a position such that would allow her to avoid the responsibility of striking down a federal law by posing different journalistic scenarios, like posting a YouTube video of a Taliban leader. The government, both in its oral argument and its written brief, refused to state whether or not published or future works of the plaintiffs would subject them to the Act’s broad coverage.

The government could have done as little as to state that it did not intend to prosecute First Amendment activity under the NDAA. Then Judge Forrest would have had to hold a full hearing on the suit and determine which side was more worthy of belief. Instead the DoJ engaged in ipse dixit - simply repeating over and over that the NDAA contains no new powers, in spite of the appearance of these new terms for the first time.

The Appeals Court

Ruling PDF

The Ruling

Amazing actually, as the statement is just about line for line what an apologist, collaborator media member might say, if they ever talked about the NDAA. Which they don’t. Maybe the judge’s ruling should read “you wacky conspiracy theorists are wasting my time.” Or get Bibi to draw a picture of a jail cell, and to write in red for activists and journalists, courtesy of the NDAA.

Bradley Manning, who leaked military documents, much like Daniel Ellsberg’s Pentagon Papers, is proof positive that indefinite detention has already taken place. He was held in solitary confinement for over two years, and was most likely tortured. Obama has also prosecuted more whistleblowers under the 1917 Espionage Act than all presidents before him, combined.

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