Appeals court judge immediately lifts injunction on NDAA indefinite detention

“If the administration is this anxious to restore this section of the NDAA, is it because the Obama government has already used it? Or does it have plans to use the section in the immediate future?”

– Christopher Hedges

For those just joining us, here is a quick recap of the action so far …

On May 16th of this year, New York Judge Katherine B. Forrest issued a temporary injunction against the indefinite detention provisions of the NDAA in the case of Hedges v. Obama.

On Friday September 12th, Judge Forrest handed down her final holding in the Hedges case, making the injunction permanent and taking the Obama Administration to task for the broad, unconstitutional language which can be interpreted to allow the arrest and indefinite detention of American citizens, on American soil, without warrant or charges.

On Saturday, September 13th, the Obama Administration filed an appeal with the 2nd Circuit Court of Appeals.

On Sunday, September 14th, I wrote about Judge Forrest’s decision and applauded her for bringing the nation back from the brink of a constitutional abyss. In that article, I noted it had only taken a day for the administration to appeal and it seemed odd that a president who insists he will never use this power is working so hard to defend it.

On Monday, September 17th, the Obama Administration filed a request for an emergency stay of Judge Forrrest’s injunction. And by the end of the day, they had it, issued by 2nd Circuit Court Judge Raymond Lohier. The emergency stay will last until September 28th, when a three-judge appellate panel will hear the administration’s argument for making the stay permanent.

Pulitzer Prize winning journalist Christopher Hedges, the named first plaintiff in the case against the administration and a noted progressive, pulled no punches when told of the administrations actions on Monday.

“The decision to vigorously fight Forrest’s ruling is a further example of the Obama White House’s steady and relentless assault against civil liberties, an assault that is more severe than that carried out by George W. Bush … Obama has refused to restore habeas corpus. He supports the FISA Amendment Act, which retroactively makes legal what under our Constitution has traditionally been illegal — warrantless wire tapping, eavesdropping and monitoring directed against US citizens. He has used the Espionage Act six times against whistle-blowers who have exposed government crimes, including war crimes, to the public. He interprets the 2001 Authorization to Use Military Force Act as giving him the authority to assassinate US citizens, as he did the cleric Anwar al-Awlaki. And now he wants the right to use the armed forces to throw U.S. citizens into military prisons, where they will have no right to a trial and no defined length of detention.”

America, and the world, waits to see whether the US Constitution will survive.

© 2012, John Pierce. All rights reserved.


About John Pierce

Monachus Lex is written by Virginia attorney John Pierce. John is a life-long gun rights advocate, an NRA certified instructor and co-founder of the nationwide gun rights group OpenCarry.org.

He has an undergraduate degree in Computer Information Systems, an MBA from George Mason University and is a 2012 Honors Graduate of Hamline University School of Law in St. Paul, MN.

Professionally, John is a member of the American Bar Association Second Amendment Civil Rights Litigation Subcommittee and his writings have been published by the ABA Civil Rights Litigation Committee and the ABA Minority Trial Lawyer Committee.

In addition, his open carry advocacy has been featured on Nightline and The Daily Show With Jon Stewart.

This entry was posted in Abuse of Discretion, Abuse of Power, Democrats, Federal Courts, Fourth Amendment, General Civil Rights, National Politics, NDAA, President Obama, Presidential Politics. Bookmark the permalink.

5 Responses to Appeals court judge immediately lifts injunction on NDAA indefinite detention

  1. Grapeshot says:

    What is most frightening is that 50% of American’s don’t get it – we are under attack from within. They have learned nothing from history. They have forgotten what made this country great.

    Wake up America!

  2. Yet main stream media doesn’t broadcast this, and all the liberal Obama supporters ignore this as well. Makes me want to carve out a chunk of land and be a separatist…

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  4. Rwolf says:

    Could Obama use NDAA To Arrest Militias?

    Could Obama use NDAA To Arrest Militias on the Premise members are Militants and Belligerents that pose a threat to National Security?

    Recently the Obama administration stated to Federal Judge Katherine Forest that under (NDAA) The National Defense Authorization Act of 2012 the President had authorization to lock up belligerents indefinitely. That they (were justified) to lock belligerents up indefinitely—because cases involving belligerents directly-aligned with militants against the good of America—warrants such punishment.) Pres. Obama could use NDAA provisions to order U.S. Military Forces to round up without evidence, millions of Americans including militias by alleging they are belligerents or a threat to National Security. Many observers believe Obama intends to extend NDAA to imprison U.S. Citizens in Indefinite Detention not involved with or associated with enemy forces.

    Hitler included similar provisions in his fascist (Discriminatory Decrees signed February 28, 1933). Almost immediately after the German Parliament passed Hitler’s laws, the Reich Government ordered the arrest of German Citizens and confiscated their guns without probable cause or evidence; delegated powers to German Police and other authorities to arrest anyone Nazi authorities claimed attempted or incited public unrest: arrested among others were outspoken Germans, writers, journalists, peaceful protestors and artists. After World War II the East German Secret Police (Stasi) used the threat of Indefinite Detention to forcibly recruit thousands of informants.

    The U.S. 2012 NDAA legislation Obama signed 12-31-11 is similar to Hitler’s 1933 fascist laws the SS and Gestapo used to target persons in Germany for arrest, imprisonment and execution without probable cause; and confiscate millions of dollars of property. Hitler used his laws to suspend Parliament and the Supreme Court insuring his laws could not be rescinded.

    During the Obama Administration’s recent request for a (stay) to stop U.S. District Judge Katherine Forrest blocking enforcement of vague NDAA provisions, the Obama Administration—never clarified what constitutes a (belligerent); or militant; or what belligerent activities (directly aligned with a militant) to order a belligerent’s arrest or indefinite detention; or what is against the good of America. Under vague provisions of NDAA, the President could accuse anyone of being (directly aligned with militants by way of any political or other association; activity, statement, writing or communication with an individual or group government deemed (militant) to arrest and indefinitely detain Americans. Writers, journalists, Americans that disagree with or question U.S. Government or its allies—may under NDAA be subject to arrest and indefinite detention.

    NDAA 2012, like Hitler’s 1933 Discriminatory Decrees enforces censorship; refers to the Patriot Act e.g. warrant-less searches of private property and forfeiture of property from persons not charged with crime. Provisions in NDAA 2012 keep the door open for corrupt U.S. police; government agents and provocateurs which there are many, to falsify reports and statements to target any American, group or organization for arrest, indefinite detention, complete disappearance; civil asset forfeiture of their property.

    You may have noted NDAA referred to the USA Patriot Act. The Patriot Act lends itself to Government / police corruption; the Federal Government may use secret witnesses and informants to cause arrests and civil asset forfeiture of Americans’ property. Witness(s) and informants may be paid up to 50% of assets forfeited. Federal Government under 18USC may use a mere preponderance of civil evidence, little more than hearsay to Civilly Forfeit Private Property. Under the Patriot Act innocent property owners may be barred by government knowing the evidence federal government uses to forfeit their property.

    Sections of NDAA 2012 are so broad, it appears U.S. Government or the President could (retroactively) deem an American’s past 1st Amendment activities prior to passage of 2012 NDAA—supported hostilities, terrorism or (Belligerents) to order the arrest and Indefinite Detention of any U.S. Citizen, writer, group or organization.

    Under NDAA 2012 it should be expected that indefinitely detained U.S. Citizens not involved in terrorism or hostile activities, not given Miranda Warnings when interrogated, not allowed legal counsel or habeas corpus may be prosecuted for non-terrorist (ordinary crimes) because of their (alleged admissions) while held in Indefinite Detention.

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