Showing posts with label National Defense Authorization Act. Show all posts
Showing posts with label National Defense Authorization Act. Show all posts

Friday, May 25, 2012

Thursday, May 24, 2012

SOME GOOD NEWS FOR A CHANGE: A FEDERAL JUDGE RULED IN FAVOR OF A LAWSUIT ALEGING THAT THE NATIONAL DEFENSE AUTHORIZATION ACT (NDAA) SIGNED INTO LAW BY PRESIDENT OBAMA, BY AUTHORIZING ARREST AND INDEFINITE DETENTION BY THE U.S. MILITARY OF ANY AMERICAN CITIZEN ANYWHERE, VIOLATES THE PLAINTIFF'S 1ST AND 5TH AMENDMENT RIGHTS.













Federal court enjoins NDAA

An Obama-appointed judge rules its indefinite detention provisions likely violate the 1st and 5th Amendments



President Obama (Credit: AP/Carolyn Kaster)



















(updated below)

A federal district judge today, the newly-appointed Katherine Forrest of the Southern District of New York, issued an amazing ruling: one which preliminarily enjoins enforcement of the highly controversial indefinite provisions of the National Defense Authorization Act, enacted by Congress and signed into law by President Obama last December. This afternoon’s ruling came as part of a lawsuit brought by seven dissident plaintiffs — including Chris Hedges, Dan Ellsberg, Noam Chomsky, and Birgitta Jonsdottir — alleging that the NDAA violates ”both their free speech and associational rights guaranteed by the First Amendment as well as due process rights guaranteed by the Fifth Amendment of the United States Constitution.”

The ruling was a sweeping victory for the plaintiffs, as it rejected each of the Obama DOJ’s three arguments: (1) because none of the plaintiffs has yet been indefinitely detained, they lack “standing” to challenge the statute; (2) even if they have standing, the lack of imminent enforcement against them renders injunctive relief unnecessary; and (3) the NDAA creates no new detention powers beyond what the 2001 AUMF already provides.

As for the DOJ’s first argument — lack of standing — the court found that the plaintiffs are already suffering substantial injury from the reasonable fear that they could be indefinitely detained under section 1021 of the NDAA as a result of their constitutionally protected activities. As the court explained (h/t Charles Michael):
In support of their motion, Plaintiffs assert that § 1021 already has impacted their associational and expressive activities–and would continue to impact them, and that § 1021 is vague to such an  extent that it provokes fear that certain of their associational and expressive activities could subject them to indefinite or prolonged military detention.
The court found that the plaintiffs have “shown an actual fear that their expressive and associational activities” could subject them to indefinite detention under the law,and “each of them has put forward uncontroverted evidence of concrete — non-hypothetical — ways in which the presence of the legislation has already impacted those expressive and associational activities” (as but one example, Hedges presented evidence that his “prior journalistic activities relating to certain organizations such as al-Qaeda and the Taliban” proves “he has a realistic fear that those activities will subject him to detention under § 1021″). Thus, concluded the court, these plaintiffs have the right to challenge the constitutionality of the statute notwithstanding the fact that they have not yet been detained under it; that’s because its broad, menacing detention powers are already harming them and the exercise of their constitutional rights.

Significantly, the court here repeatedly told the DOJ that it could preclude standing for the plaintiffs if they were willing to state clearly that none of the journalistic and free speech conduct that the plaintiffs engage in could subject them to indefinite detention. But the Government refused to make any such representation. Thus, concluded the court, “plaintiffs have stated a more than plausible claim that the statute inappropriately encroaches on their rights under the First Amendment.”

Independently, the court found that plaintiffs are likely to succeed on their claim that the NDAA violates their Fifth Amendment due process rights because the statute is so vague that it is virtually impossible to know what conduct could subject one to indefinite detention. Specifically, the court focused on the NDAA’s authorization to indefinitely detain not only Al Qaeda members, but also members of so-called “associated forces” and/or anyone who “substantially supports” such forces, and noted:
Plaintiffs have shown a likelihood of success on their vagueness challenge. The terms upon which they focused at the hearing relate to who is a “covered person.” In that regard, plaintiffs took issue with the lack of definition and clarity regarding who constitutes an “associated forces,” and what it means to “substantially” or “directly” “support” such forces or, al-Qaeda or the Taliban. . . .
The Government was unable to define precisely what ”direct” or “substantial” “support” means. . . .Thus, an individual could run the risk of substantially supporting or directly supporting an associated force without even being aware that he or she was doing so.
Perhaps most importantly, the court categorically rejected the central defense of this odious bill from the Obama administration and its defenders: namely, that it did nothing more than the 2001 AUMF already did and thus did not really expand the Government’s power of indefinite detention. The court cited three reasons why the NDAA clearly expands the Government’s detention power over the 2001 AUMF (all of which I previously cited when denouncing this bill). 

First, “by its terms, the AUMF is tied directly and only to those involved in the events of 9/11,” whereas the NDAA “has a non-specific definition of ‘covered person’ that reaches beyond those involved in the 9/11 attacks by its very terms.” Second, “the individuals or groups at issue in the AUMF are also more specific than those at issue in § 1021″ of the NDAA; that’s because the AUMF covered those “directly involved in the 9/11 attacks while those in § 1021 [of the NDAA] are specific groups and ‘associated forces’.” Moreover, “the Government has not provided a concrete, cognizable set of organizations or individuals that constitute ‘associated forces,’ lending further indefiniteness to § 1021.” Third, the AUMF is much more specific about how one is guilty of “supporting” the covered Terrorist groups, while the NDAA is incredibly broad and un-specific in that regard, thus leading the court to believe that even legitimate activities could subject a person to indefinite detention.

The court also decisively rejected the argument that President Obama’s signing statement – expressing limits on how he intends to exercise the NDAA’s detention powers — solves any of these problems. That’s because, said the court, the signing statement “does not state that § 1021 of the NDAA will not be applied to otherwise-protected First Amendment speech nor does it give concrete definitions to the vague terms used in the statute.”

The court concluded by taking note of what is indeed the extraordinary nature of her ruling, but explained it this way:
This Court is acutely aware that preliminarily enjoining an act of Congress must be done with great caution. However, it is the responsibility of our judicial system to protect the public from acts of Congress which infringe upon constitutional rights.
I’ve been very hard on the federal judiciary in the past year due to its shameful, craven deference in the post-9/11 world to executive power and, especially, attempts to prosecute Muslims on Terrorism charges. But this is definitely an exception to that trend. This is an extraordinary and encouraging decision. All the usual caveats apply: this is only a preliminary injunction (though the court made it clear that she believes plaintiffs will ultimately prevail). It will certainly be appealed and can be reversed. There are still other authorities (including the AUMF) which the DOJ can use to assert the power of indefinite detention. Nonetheless, this is a rare and significant limit placed on the U.S. Government’s ability to seize ever-greater powers of detention-without-charges, and it is grounded in exactly the right constitutional principles: ones that federal courts and the Executive Branch have been willfully ignoring for the past decade.

UPDATE: I really should mention the rest of the plaintiffs who brought this lawsuit beyond the four well-known ones I named above, because each deserves immense credit for doing this. Alexa O’Brien is an independent journalist who writes for WL Central, regarding WikiLeaks, Guantanamo and other issues, and founded a website to work on America’s corrupted elections, U.S. Day of Rage. Kai Wargalla is a British activist who founded Occupy London and has done extensive work in advocating for WikiLeaks. Jennifer Bolen, who along with Hedges spearheaded the organization of this lawsuit, is an activist with Revolution Truth who did substantial work to defeat the NDAA.

Though I knew a fair amount about it as it proceeded, I hadn’t written about this lawsuit before, largely because I did not expect it to succeed; I anticipated that it would be dismissed on “standing” grounds, the favored tactic (along with the State Secrets privilege) for both the Bush and Obama DOJs to persuade federal courts not to even adjudicate constitutional challenges to the War on Terror powers. Serious kudos to all of the plaintiffs and lawyers here who persevered in what I’m certain they knew would be an uphill battle.

Glenn Greenwald (email: GGreenwald@salon.com) is a former Constitutional and civil rights litigator and is the author of three New York Times Bestselling books: two on the Bush administration's executive power and foreign policy abuses, and his latest book, With Liberty and Justice for Some, an indictment of America's two-tiered system of justice. Greenwald was named by The Atlantic as one of the 25 most influential political commentators in the nation. He is the recipient of the first annual I.F. Stone Award for Independent Journalism, and is the winner of the 2010 Online Journalism Association Award for his investigative work on the arrest and oppressive detention of Bradley Manning.

Thursday, January 19, 2012

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The first state to rebel against indefinite detention
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Uploaded by libertylover520 on Jan 18, 2012

Indefinite Detention The NDAA and the Enemy Expatriation Act
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Uploaded by libertylover520 on Jan 18, 2012

Wednesday, January 18, 2012


January 17, 2012

Journalist Chris Hedges Sues Obama Admin over Indefinite Detention of U.S. Citizens Approved in NDAA

Pulitzer Prize-winning journalist Chris Hedges has filed suit against President Obama and Secretary of Defense Leon Panetta to challenge the legality of the National Defense Authorization Act, which includes controversial provisions authorizing the military to jail anyone it considers a terrorism suspect anywhere in the world, without charge or trial. Sections of the bill are written so broadly that critics say they could encompass journalists who report on terror-related issues, such as Hedges, for supporting enemy forces. "It’s clearly unconstitutional," Hedges says of the bill. "It is a huge and egregious assault against our democracy. It overturns over 200 years of law, which has kept the military out of domestic policing." We speak with Hedges, now a senior fellow at the Nation Institute and former New York Times foreign correspondent who was part of a team of reporters that was awarded the Pulitzer Prize in 2002 for the paper’s coverage of global terrorism. We are also joined by Hedges’ attorney Carl Mayer, who filed the litigation on his behalf in the U.S. District Court for the Southern District of New York.

Original Democracy Now source
Original TruthDig article.

Friday, December 16, 2011





*Countdown with Keith ...: Rep. Jerrold Nadler decries Obama for not vetoing National Defense Bill

http://youtu.be/GnsDenUhU6A


Published on Dec 15, 2011 by Current

Keith and Rep. Jerrold Nadler (D-N.Y.) question President Obama's decision not to honor his threat to veto disputed provisions about the treatment of terrorism prisoners, which passed the House today as SEC. 1031 of the National Defense Authorization Act (H.R.1540). The bill allows American citizens to be indefinitely detained, without trial, on American soil if there is even a suspicion they have ties to terrorists. "That's quite a terrible blow to American liberty," says Nadler.

Thursday, December 15, 2011

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How Congress is Signing It's own Arrest Warrants in the NDAA Citizen Arrest bill


I never thought I would have to write this: but—incredibly—Congress has now passed the National Defense Appropriations Act, with Amendment 1031, which allows for the military detention of American citizens. The amendment is so loosely worded that any American citizen could be held without due process. The language of this bill can be read to assure Americans that they can challenge their detention — but most people do not realize what this means: at Guantanamo and in other military prisons, one’s lawyer’s calls are monitored, witnesses for one’s defense are not allowed to testify, and one can be forced into nudity and isolation. Incredibly, ninety-three Senators voted to support this bill and now most of Congress: a roster of names that will live in infamy in the history of our nation, and never be expunged from the dark column of the history books.

They may have supported this bill because—although it’s hard to believe—they think the military will only arrest active members of Al Qaida; or maybe, less naively, they believe that ‘at most’, low-level dissenting figures, activists, or troublesome protesters might be subjected to military arrest. But they are forgetting something critical: history shows that those who signed this bill will soon be subject to arrest themselves.

Our leaders appear to be supporting this bill thinking that they will always be what they are now, in the fading light of a once-great democracy — those civilian leaders who safely and securely sit in freedom and DIRECT the military. In inhabiting this bubble, which their own actions are about to destroy, they are cocooned by an arrogance of power, placing their own security in jeopardy by their own hands, and ignoring history and its inevitable laws. The moment this bill becomes law, though Congress is accustomed, in a weak democracy, to being the ones who direct and control the military, the power roles will reverse: Congress will no longer be directing and in charge of the military: rather, the military will be directing and in charge of individual Congressional leaders, as well as in charge of everyone else — as any Parliamentarian in any society who handed this power over to the military can attest.

Perhaps Congress assumes that it will always only be ‘they’ who are targeted for arrest and military detention: but sadly, Parliamentary leaders are the first to face pressure, threats, arrest and even violence when the military obtains to power to make civilian arrests and hold civilians in military facilities without due process. There is no exception to this rule. Just as I traveled the country four years ago warning against the introduction of torture and secret prisons – and confidently offering a hundred thousand dollar reward to anyone who could name a nation that allowed torture of the ‘other’ that did not eventually turn this abuse on its own citizens — (confident because I knew there was no such place) — so today I warn that one cannot name a nation that gave the military the power to make civilian arrests and hold citizens in military detention, that did not almost at once turn that power almost against members of that nation’s own political ruling class. This makes sense — the obverse sense of a democracy, in which power protects you; political power endangers you in a militarized police state: the more powerful a political leader is, the more can be gained in a militarized police state by pressuring, threatening or even arresting him or her.

Mussolini, who created the modern template for fascism, was a duly elected official when he started to direct paramilitary forces against Italian citizens: yes, he sent the Blackshirts to beat up journalists, editors, and union leaders; but where did these militarized groups appear most dramatically and terrifyingly, snapping at last the fragile hold of Italian democracy? In the halls of the Italian Parliament. Whom did they physically attack and intimidate? Mussolini’s former colleagues in Parliament — as they sat, just as our Congress is doing, peacefully deliberating and debating the laws. Whom did Hitler’s Brownshirts arrest in the first wave of mass arrests in 1933? Yes, journalists, union leaders and editors; but they also targeted local and regional political leaders and dragged them off to secret prisons and to torture that the rest of society had turned a blind eye to when it had been directed at the ‘other.’ Who was most at risk from assassination or arrest and torture, after show trials, in Stalin’s Russia? Yes, journalists, editors and dissidents: but also physically endangered, and often arrested by militarized police and tortured or worse, were senior members of the Politburo who had fallen out of favor.

Is this intimidation and arrest by the military a vestige of the past? Hardly. We forget in America that all over the world there are militarized societies in which shells of democracy are propped up — in which Parliament meets regularly and elections are held, but the generals are really in charge, just as the Egyptian military is proposing with upcoming elections and the Constitution itself. That is exactly what will take place if Congress gives the power of arrest and detention to the military: and in those societies if a given political leader does not please the generals, he or she is in physical danger or subjected to military arrest. Whom did John Perkins, author of Confessions of an Economic Hit Man, say he was directed to intimidate and threaten when he worked as a ‘jackal’, putting pressure on the leadership in authoritarian countries? Latin American parliamentarians who were in the position to decide the laws that affected the well-being of his corporate clients. Who is under house arrest by the military in Myanmar? The political leader of the opposition to the military junta. Malalai Joya is an Afghani parliamentarian who has run afoul of the military and has to sleep in a different venue every night — for her own safety. An on, and on, in police states — that is, countries with military detention of civilians — that America is about to join.

US Congresspeople and Senators may think that their power protects them from the treacherous wording of Amendments 1031 and 1032: but their arrogance is leading them to a blindness that is suicidal. The moment they sign this NDAA into law, history shows that they themselves and their staff are the most physically endangered by it. They will immediately become, not the masters of the great might of the United States military, but its subjects and even, if history is any guide — and every single outcome of ramping up police state powers, unfortunately, that I have warned for years that history points to, has come to pass — sadly but inevitably, its very first targets.


Biography                                                                                                                            

Author, social critic, and political activist Naomi Wolf raises awareness of the pervasive inequities that exist in society and politics. She encourages people to take charge of their lives, voice their concerns and enact change.

Wolf’s landmark international bestseller, The Beauty Myth, challenged the cosmetics industry and the marketing of unrealistic standards of beauty, launching a new wave of feminism in the early 1990s. The New York Times called it one of the most important books of the 20th century. Her next book, Vagina: A Cultural History, will be released in 2012.

Wolf’s New York Times bestseller, The End of America: A Letter of Warning to a Young Patriot, is an impassioned call to return to the aspirations and beliefs of the Founders’ ideals of liberty. The New York Times called the documentary version “pointedly inflammatory.” Her latest book, Give Me Liberty: A Handbook For American Revolutionaries, includes effective tools for citizens to promote civic engagement and create sustainable democracy.

Her international journalism includes the investigative report “Guantánamo Bay: The Inside Story” for The Times of London, and as a columnist for Project Syndicate her articles have been published in India, Philippines, Egypt, and Lebanon. She’s a frequent blogger on The Huffington Post and writes cultural commentary for The Guardian, The Washington Post, and Harper’s Bazaar. Her TV appearances include Larry King Live, Meet the Press, The Joyce Behar Show, and The Colbert Report.

A graduate of Yale and a Rhodes Scholar at Oxford, Wolf was a consultant to Al Gore during his presidential campaign on women’s issues and social policy. She is co-founder of The Woodhull Institute for Ethical Leadership, an organization that teaches leadership to young women, and The American Freedom Campaign, a grass roots democracy movement in the United States whose mission is the defense of the Constitution and the rule of law.

Tuesday, December 13, 2011

Occupy Wall Street, It's time to fix this broken machine.








Senator Levin reveals: It was Obama who required the Indefinite Detainment Bill (NDAA) to INCLUDE ‘U.S. Citizens being held without rights’ as part of the wording!

Posted on December 12, 2011 by paul

We now know, for those that have been holding out in “hope” that Obama will veto the 1031 Indefinite Detainment Bill (NDAA) against holding U.S. Citizens indefinitely without rights to a trial or lawyer or charges… it was Obama who required the bill have the language ‘U.S. Citizens being held without rights’ included in the bill! This bill will pass if it goes in front of Obama for his signature.



Contact your State Representative:
http://writerep.house.gov/writerep/
In your correspondence with your Representative, please mention the following facts. Too many journalists are still confused on these points — please let them know too:

- The bill passed by Congress absolutely DOES NOT exempt citizens. Section 1031 reads, “A covered person under this section” includes “any person who has committed a belligerent act”.

- The Feinstein Amendment 1031(e) is dangerously misleading. Don’t be fooled: In the text of 1031(e), “Nothing in this section shall be construed…”, the only word that matters is “construed” — the Supreme Court are the only ones with the power to construe the law. The Feinstein Amendment 1031(e) permits citizens to be imprisoned without evidence or a trial forever, if the Supreme Court does not EXPLICITLY repeal 1031.

- Confusingly, Obama previously threatened a veto for 1032, but NOT 1031. 1032 does NOT concern imprisoning citizens without a trial. He has never suggested using a veto to stop Section 1031 citizen imprisonment. In fact, Section 1031 citizen imprisonment without trial was requested by the Obama administration. See the video proof here:
http://www.youtube.com/watch?v=PLiKvSz_wX8

What is the National Defense Authorization act or NDAA?
Info: http://en.wikipedia.org/wiki/National_Defense_Authorization_Act

Friday, December 09, 2011

  theREALnews                                                                               Permalink

December 9, 2011

Wilkerson: New Military Powers the Road to Tyranny

Larry Wilkerson: National Defense Authorization Act that passed the Senate giving the military power for indefinite detention without trial is a draconian violation of our rights

More at The Real News

Bio

Lawrence Wilkerson is a retired United States Army soldier and former chief of staff to United States Secretary of State Colin Powell. Wilkerson is an adjunct professor at the College of William & Mary where he teaches courses on US national security. He also instructs a senior seminar in the Honors Department at the George Washington University entitled "National Security Decision Making."

Thursday, December 08, 2011

THE NATIONAL DEFENCE AUTHORIZATION ACT (PASSED BY SENATE AND NOW BEING CONSIDERED BY THE HOUSE) WOULD AUTHORIZE THE ARMY TO ARREST U.S. CITIZENS, REVERSING 133 YEARS OF U.S. HISTORY, AND IS "VERY, VERY REMINISCENT OF REGULATIONS INTRODUCED IN NAZI GERMANY IN 1933" -- FORMER CIA AGENT RAY MCGOVERN


  theREALnews                                                                              Permalink

Military to Gain Power of Indefinite Detention in Senate Bill

Ray McGovern​: Amendment to NDAA gives military the right to operate on American soil, detain people without trial for an indefinite period of time including US citizens

More at The Real News

Bio

Ray McGovern is a retired CIA officer. McGovern was employed under seven US presidents for over 27 years, presenting the morning intelligence briefings at the White House under Presidents Ronald Reagan and George H.W. Bush. McGovern was born and raised in the Bronx, graduated summa cum laude from Fordham University, received an M.A. in Russian Studies from Fordham, a certificate in Theological Studies from Georgetown University, and graduated from Harvard Business School's Advanced Management Program. McGovern now works for “Tell the Word," a ministry of the inner-city/Washington Church of the Saviour, which sent him forth four weeks ago to join other Justice people on "The Audacity of Hope," the U.S. Boat to Gaza.