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View Full Version : Stay on Judgment - Obama wins ability to indefinitely detain citizens without trial NDAA




sailingaway
09-18-2012, 05:42 PM
http://rt.com/usa/news/obama-lohier-ndaa-stay-414/

Lucille
09-18-2012, 05:52 PM
Sickening.


Bruce Afran, a co-counsel representing the plaintiffs in the case Hedges v Obama, said Monday that he suspects the White House has been relentless in this case because they are already employing the NDAA to imprison Americans, or plan to shortly.

“A Department of Homeland Security bulletin was issued Friday claiming that the riots [in the Middle East] are likely to come to the US and saying that DHS is looking for the Islamic leaders of these likely riots,” Afran told Hedges for a blogpost published this week. “It is my view that this is why the government wants to reopen the NDAA — so it has a tool to round up would-be Islamic protesters before they can launch any protest, violent or otherwise. Right now there are no legal tools to arrest would-be protesters. The NDAA would give the government such power. Since the request to vacate the injunction only comes about on the day of the riots, and following the DHS bulletin, it seems to me that the two are connected. The government wants to reopen the NDAA injunction so that they can use it to block protests.”

Within only hours of Afran’s statement being made public, demonstrators in New York City waged a day of protests in order to commemorate the one-year anniversary of the Occupy Wall Street movement. Although it is not believed that the NDAA was used to justify any arrests, more than 180 political protesters were detained by the NYPD over the course of the day’s actions. One week earlier, the results of a Freedom of Information Act request filed by the American Civil Liberties Union confirmed that the FBI has been monitoring Occupy protests in at least one instance, but the bureau would not give further details, citing that decision is "in the interest of national defense or foreign policy."

Josh Gerstein, a reporter with Politico, reported on the stay late Monday and acknowledged that both Forrest and Lohier were appointed to the court by President Obama.


http://news.antiwar.com/2012/09/18/judge-grants-obama-doj-request-to-suspend-case-against-ndaa/


“In effect,” Gosztola continues, “the government is arguing for the power to make the decision to detain a person and put them in prison without having any body whatsoever question their power to do so because the country is in a state of perpetual war. It is essentially an argument for the power to be able to populate internment camps whenever necessary.”
[...]
The Obama Justice Department says that since Congress codified already existing practices (AUMF) into law (NDAA), it should be clear NDAA doesn’t grant any new powers that can be challenged. But the question here is: why insist upon the detention provisions in NDAA?
[...]
The stay that was granted on Monday essentially suspends the case’s proceedings until a full three judge motions panel can consider the matter on September 28th. The chances that the full panel will be as bold as Judge Forrest and exercise the court’s responsibility to check the power of the Executive Branch is not high.

TheTexan
09-18-2012, 05:59 PM
With the way the global economy is shaping up, he'll need those NDAA powers when that collapse hits probably this year. Good call Obama, glad to see you're on the ball!

or.. he'll need it between now and Sept 28


The stay will remain in effect until at least September 28, when a three-judge appeals court panel is expected to begin addressing the issue.

/tinfoil

Dr.3D
09-18-2012, 06:01 PM
But what about the constitutionality of this? Did they or did they not take an oath to defend the constitution? NDAA violates the constitution and that oath!

TheTexan
09-18-2012, 06:02 PM
But what about the constitutionality of this? Did they or did they not take an oath to defend the constitution? NDAA violates the constitution and that oath!

Shrug. Taking people hostage takes a person out of the economy, that counts for the interstate commerce clause! (I don't remember the real justification, but that sounds plausible..)

Dr.3D
09-18-2012, 06:09 PM
Double post

Dr.3D
09-18-2012, 06:15 PM
Shrug. Taking people hostage takes a person out of the economy, that counts for the interstate commerce clause! (I don't remember the real justification, but that sounds plausible..)


Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.




Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

They can't use the commerce clause to violate another part of the U.S. Constitution.

Lucille
09-18-2012, 06:25 PM
This will go to SCOTUS, and the police statists will sign off on it. Like Great Conservative Chief Justice John Roberts said, “ It is not our job to protect the people from the consequences of their political choices," and evidently judicial review isn't either. Their job is to sign off on everything CONgress passes and everything the Imperial President wants.

Dr.3D
09-18-2012, 06:39 PM
Oh I forgot... I'll bet being incarcerated without due process is now a new form of taxation and thus can be done.

TheTexan
09-18-2012, 07:02 PM
They can't use the commerce clause to violate another part of the U.S. Constitution.

It is due process of law though. Commerce clause is law, there's your due process!

TheTexan
09-18-2012, 07:03 PM
Oh I forgot... I'll bet being incarcerated without due process is now a new form of taxation and thus can be done.

That too!

Dr.3D
09-18-2012, 07:03 PM
It is due process of law though. Commerce clause is law, there's your due process!
Yeah, all they have to do is call it a tax and everything is just nifty.

Anti Federalist
09-18-2012, 07:06 PM
It is essentially an argument for the power to be able to populate internment camps whenever necessary.

Umm, when it is no longer just us weirdos on the "lunatic fringe" telling you this, Amerika, perhaps you ought to listen.

Dr.3D
09-18-2012, 07:09 PM
Don't get on the train!

TheTexan
09-18-2012, 07:23 PM
Don't get on the train!

It'll probably look like this

http://www.tensionnot.com/pictures/images/Car/Free-Candy-Van.jpg

JK/SEA
09-18-2012, 07:31 PM
Just watched 'Escape from New York' the other day, and thought...wow...what a great idea...save money on just putting a fence around a big city. Who needs FEMA camps...

Dr.3D
09-18-2012, 07:40 PM
It'll probably look like this

http://www.tensionnot.com/pictures/images/Car/Free-Candy-Van.jpg
Wow, where did you find a picture of my van?



:D
J/K

DamianTV
09-19-2012, 01:53 AM
When you go to your local convenience store, there isnt just one way to get there. You could turn left, go right, cut through your neighbors yard, or go completely across town to get there. The main difference between Obama and Romney is how we end up in the same place, a complete and total Police State. There is absolutely no difference between either of them in the end as both will push us closer and closer to the International Banksters final goal of an Imprisoned Society.

The NDAA is pretty much turning Left as opposed to cutting thru your neighbors yard. If Romney was already president, he would have just as quickly approved whatever the label was on the bill that did the same thing. They are going to continue passing these kinds of laws until we do something to stop them. It has become pretty obvious that what WE are doing is not having the outcome that we are all hoping to achieve. Einstein defined insanity as doing the exact same thing repeatedly and expecting different results. Rolling over and dying is pretty much what is going to happen if we cant or simply arent going to do anything about it as the next Hollocaust will end the lives of those who believe in what this country used to stand for. These are dangerous times for everyone and the greatest threat to all life on this planet is those who are most corrupt and have the most power.