Tag Archives | NDAA
As Disinfo reported September 18th, the permanent injunction against §1021 of the National Defense Authorization Act (NDAA), has been stayed pending appeal.
Naturally the lawyers for the case are treating this as a major setback in whatever media is paying attention to them, which unfortunately is pretty thin: basically, it’s just their client. The most likely explanation for that dearth of coverage is that most major media sources have legal advisors on staff who are looking at the law suit the way the Justice Department is: this is either a standing or a separation of powers issue that should have died the miserable death all paranoid nuisance cases die at trial, and will get shut down at the appellate level and denied cert by SCOTUS. Which is not to say that view is correct, just that it’s the rather obvious and lazy conventional wisdom that cases like this attract among legal cognoscenti.… Read the rest
If you’ve been following the progress(!?) of the NDAA through the tangled tendrils of our court system, you’ll remember that a group of plaintiffs including journalist Chris Hedges, Noam Chomsky and Naomi Wolf have filed suit to ban the Obama White House from indefinitely imprisoning American citizens without trial or due process. They even took to Reddit to voice their concerns, not long after the President himself had appeared and crashed the site so users could “Ask Anything”. President Obama ignored any questioning of this controversial and legally dubious issue, which, along with his mysterious drone strikes, will remain a shameful stain on his historical presidency.
According to Hedges and others, the unusual maneuvering taken by the administration during this procedural are suspicious in-and-of themselves.
… Read the rest
US Federal Judge Katherine Forrest in turn agreed (Section 1021) was unconstitutional. Last month Judge Forrest decided that an earlier, temporary injunction on the clause should be made permanent, but the Obama Justice Department pleaded for an emergency stay only hours later.
According to the Napa Valley Register, a local woman is facing vandalism charges after chalking “9/11 Truth” on a public sidewalk:
Amy Larson readily admits writing “9/11 Truth” and “9/11 Truth Now” in chalk on the First Street sidewalk over Napa Creek.
“I just want people to think for themselves,” said Larson, 29. “I believe we’ve lost a lot of civil liberties since the 9/11 attacks. I’m really concerned about that.
“This is political free speech,” added Larson, who says the investigation into the terrorist attacks in New York City and Washington, D.C. should be reopened.
Her chalk writing — which occurred Sept. 11, the 11th anniversary of the terrorist attacks — got Larson arrested on suspicion of vandalism.
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.
… Read the rest
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.
The National Defense Authorization Act contains some ugly draftsmanship and some head-scratchingly vague wording on the issue of battlefield captures. That said, my long time professional opinion was that it probably wasn’t something worth worrying overly much about, particularly when their were bigger fish to fry in the realm of warrantless wiretaps and the upcoming sunsetting of FISA provisions. That having been said, others have not been so germane to the problem, and for the moment at least, they have won a major victory in getting a permanent injunction against the section of the NDAA that caused the hubbub.
From the ruling:
… Read the rest
For the reasons set forth above, this Court permanently enjoins enforcement of § 1021(b)(2) in any manner, as to any person. The Court invites Congress to examine whether there are amendments that might cure the statute/s deficiencies or whether in light of existing authorization and existing
criminal statutes § 1021 is needed at all.
MEDIA ROOTS– Federal agents are continuing to detain a Marine Corps veteran in Chesterfield, Virginia for posts made on his website that expressed discontent for the federal government and accuse elements of it for orchestrating the 9/11 attacks.
On the evening of August 16, FBI agents accompanied by US Secret Service and Chesterfield County police officers approached the home of Brandon J. Raub, 26, a decorated combat engineer who had served tours in Iraq and Afghanistan from 2005 to 2011.
After talking with authorities for “20, 30 minutes” it is still unclear what justification was used for his detainment as his posts did not mention any specific threats of violence to any person or place, nor did they include any imagery of destruction.
Luke Rudkowski of WeAreChange confronts Senator Robert Portman (R-OH) on the quarter million he received from special interest to support the National Defense Authorization Act, or NDAA.
Article Source Used: http://rt.com/usa/news/anonymous-ndaa-portman-torture-913/