Obama Administration Wins Back Right to Indefinitely Detain Citizens Under NDAA

Picture: Tim Bekaert (PD)

Hope you don’t get labeled a threat to Der Homeland, because it looks like the NDAA isn’t going to change after all. The Obama administration has successfully reclaimed the federal government’s right to lock American citizens up and throw away the key.


With only Judge Lohier’s single ruling on Monday, the federal government has been once again granted the go ahead to imprison any person “who was part of or substantially supported al-Qaeda, the Taliban or associated forces that are engaged in hostilities against the United States or its coalition partners” until a poorly defined deadline described as merely “the end of the hostilities.” The ruling comes despite Judge Forrest’s earlier decision that the NDAA fails to “pass constitutional muster” and that the legislation contained elements that had a “chilling impact on First Amendment rights”

Because alleged terrorists are so broadly defined as to include anyone with simple associations with enemy forces, some members of the press have feared that simply speaking with adversaries of the state can land them behind bars.

“First Amendment rights are guaranteed by the Constitution and cannot be legislated away,” Judge Forrest wrote last week. “This Court rejects the Government’s suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention.”

Read more…before it becomes illegal.


8 Comments on "Obama Administration Wins Back Right to Indefinitely Detain Citizens Under NDAA"

  1. Anarchy Pony | Sep 18, 2012 at 5:01 pm |

    Changing into a police state, I can believe that.

    • Liam_McGonagle | Sep 18, 2012 at 7:22 pm |

      More than likely that is the ultimate upshot.

      Not to be unreasonably optimistic here, but I believe that what Lohier issued was only a temporary injunction pending a higher level appeal.  Which is totally par for the course, especially considering the radical and irreversible implications of the implementing the original ruling.

      We can only hope that some monsterous troupe of ghouls a la Charles Dickens’ “A Christmas Carol” visits the U.S. Supremes before it gets to them and scares some respect for the U.S. Constitution into them.

      Though of course it won’t.  When you consider that Antonin Scalia already physically looks like the Chet blob from “Weird Science”, it’s hard to imagine any horrors their souls could be subjected to that they wouldn’t eagerly embrace.

  2. Hey Matt, I copyrighted Der Homeland
    you owe me 2 cents

  3. The judge who made this ruling:
    Raymond Joseph Lohier, Jr.,
    a Haitian American, was born in Montreal, Canada
    A.B. in 1988 from Harvard College, cum laude,
    J.D. in 1991 from New York University School of Law
    nominated to office by Obama,
    he was Chief of the Southern District of New York’s Securities and Commodities Fraud Task Force,
    before that he worked for Global Elite law firm Cleary, Gottlieb, Steen & Hamilon

    not surprisingly, it is extremely difficult to get any more info than that
    but he had high enough social status to have his weeding announced in the NYT in 1999
    his father was from Haiti and received his MD there

  4. DeepCough | Sep 18, 2012 at 11:08 pm |

    We must all remember that the rise of totalitarianism in Nazi Germany was through perfectly legal means, not violent coup d’etat.

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