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US Totalitarianism Loses Major Battle As Judge Permanently Blocks NDAA's Military Detention Provision

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Submitted by Tyler Durden on 09/12

Back in January, Pulitzer winning journalist Chris Hedges sued President Obama and the recently passed National Defense Authorization Act, specifically challenging the legality of the Authorization for Use of Military Force or, the provision that authorizes military detention for people deemed to have “substantially supported” al Qaeda, the Taliban or “associated forces.” Hedges called the president’s action allowing indefinite detention, which was signed into law with little opposition from either party “unforgivable, unconstitutional and exceedingly dangerous.” He attacked point blank the civil rights farce that is the neverending “war on terror” conducted by both parties, targetting whom exactly is unclear, but certainly attaining ever more intense retaliation from foreigners such as the furious attacks against the US consulates in Egypt and Libya. He asked “why do U.S. citizens now need to be specifically singled out for military detention and denial of due process when under the 2001 Authorization for Use of Military Force the president can apparently find the legal cover to serve as judge, jury and executioner to assassinate U.S. citizens.” A few months later, in May, U.S. District Judge Katherine Forrest ruled in favor of a temporary injunction blocking the enforcement of the authorization for military detention. Today, the war againt the true totalitarian terror won a decisive battle, when in a 112-opinion, Judge Forrest turned the temporary injunction, following an appeal by the totalitarian government from August 6, into a permanent one.

From Reuters

 

The permanent injunction prevents the U.S. government from enforcing a portion of Section 1021 of the National Defense Authorization Act’s “Homeland Battlefield” provisions.

The opinion stems from a January lawsuit filed by former New York Times war correspondent and Pulitzer Prize winner Chris Hedges and others. The plaintiffs said they had no assurance that their writing and advocacy activities would not fall under the scope of the provision. 

Government attorneys argued that the executive branch is entitled to latitude when it comes to cases of national security and that the law is neither too broad nor overly vague. 

“This court does not disagree with the principle that the president has primacy in foreign affairs,” the judge said, but that she was not convinced by government arguments. 

“The government has not stated that such conduct – which, by analogy, covers any writing, journalistic and associational activities that involve al Qaeda, the Taliban or whomever is deemed “associated forces” – does not fall within § 1021(b)(2).”

What is ironic, is that in the ongoing absolute farce that is the theatrical presidential debate, there hasn’t been one word uttered discussing precisely the kind of creeping totalitarian control, and Orwellian loss of constitutional rights, that the biparty-supported NDAA would have demanded out of the US republic. Why? Chris Hedges said it best: 

 

The oddest part of this legislation is that the FBI, the CIA, the director of national intelligence, the Pentagon and the attorney general didn’t support it. FBI Director Robert Mueller said he feared the bill would actually impede the bureau’s ability to investigate terrorism because it would be harder to win cooperation from suspects held by the military. “The possibility looms that we will lose opportunities to obtain cooperation from the persons in the past that we’ve been fairly successful in gaining,” he told Congress.

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    • Decode the World

      They don’t really care what these judges say, they’ll just appeal to the Supreme Court, where they’ll get them to approve anything.

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