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View Full Version : NDAA detention provision temp blocked by New York judge, violates First Amendment




sailingaway
05-16-2012, 04:29 PM
A federal judge temporarily blocked enforcement of a section of the National Defense Authorization Act that opponents claim allows for indefinite military detention.

U.S. District Judge Katherine Forrest in Manhattan today ruled in favor of a group of writers and activists who sued officials including President Barack Obama, claiming the act, signed into law Dec. 31, puts them in fear that they could be arrested and held by U.S. armed forces.

More at link

http://www.bloomberg.com/news/2012-05-16/military-detention-law-blocked-by-new-york-judge.html

this goes with Ron because he TODAY was joining other members of the House to repeal this provision of NDAA. (see other threads)



another article:
http://news.yahoo.com/federal-judge-terror-law-violates-1st-amendment-233222966.html

LibertyInJeopardy
05-16-2012, 10:32 PM
Saw it on DP

Military Detention Law Blocked by New York Judge (Update 1)

A federal judge temporarily blocked enforcement of a part of the National Defense Authorization Act that opponents claim could subject them to indefinite military detention for activities including news reporting and political activism.

U.S. District Judge Katherine Forrest in Manhattan today ruled in favor of a group of writers and activists who sued President Barack Obama, Defense Secretary Leon Panetta and the Defense Department, claiming a provision of the act, signed into law Dec. 31, puts them in fear that they could be arrested and held by U.S. armed forces.

http://www.bloomberg.com/news/2012-05-16/military-detention-law-blocked-by-new-york-judge.html

sailingaway
05-16-2012, 10:33 PM
Yez, I posted that in general politics -- after it sat here about an hour with no one noticing.... :mad:

It is just temporary while the case continues, but the basis was that it was 'probably' going to be found to be unconstitutional!

alucard13mmfmj
05-16-2012, 10:48 PM
lets make the NY judge a supreme court justice if the judge deems it unconstitutional ;p

sailingaway
05-16-2012, 10:51 PM
lets make the NY judge a supreme court justice if the judge deems it unconstitutional ;p

not sure, the judge hinted it might be fixable by more precisely defining the terrorist activity they might be SUSPECTED OF. The point is, you need the trial to find out if they are wrongly or rightly so suspected. We can do better.

Reason
05-17-2012, 02:45 AM
good

stu2002
05-17-2012, 11:54 AM
NEW YORK (AP) — A judge on Wednesday struck down a portion of a law giving the government wide powers to regulate the detention, interrogation and prosecution of suspected terrorists, saying it left journalists, scholars and political activists facing the prospect of indefinite detention for exercising First Amendment rights.

U.S. District Judge Katherine Forrest in Manhattan said in a written ruling that a single page of the law has a "chilling impact on First Amendment rights."

The National Defense Authorization Act was signed into law in December, allowing for the indefinite detention of U.S. citizens suspected of terrorism. Wednesday's ruling does not affect another part of the law that enables the United States to indefinitely detain members of terrorist organizations, and the judge said the government has other legal authority it can use to detain those who support terrorists.

http://goo.gl/nVwGa

Anti Federalist
05-17-2012, 11:55 AM
NEW YORK (AP) — A judge on Wednesday struck down a portion of a law giving the government wide powers to regulate the detention, interrogation and prosecution of suspected terrorists, saying it left journalists, scholars and political activists facing the prospect of indefinite detention for exercising First Amendment rights.

U.S. District Judge Katherine Forrest in Manhattan said in a written ruling that a single page of the law has a "chilling impact on First Amendment rights."

The National Defense Authorization Act was signed into law in December, allowing for the indefinite detention of U.S. citizens suspected of terrorism. Wednesday's ruling does not affect another part of the law that enables the United States to indefinitely detain members of terrorist organizations, and the judge said the government has other legal authority it can use to detain those who support terrorists.

http://goo.gl/nVwGa

The WSJ says that can't happen.

stu2002
05-17-2012, 11:57 AM
The WSJ says that can't happen.

Ha

What say RPF?

HOLLYWOOD
05-17-2012, 12:29 PM
Were' there plenty of lawsuits class-actions pending by the ACLU and such? You know Ken Cuccinelli, Virginia's AG would fight this NDAA crap.