Tag Archives | NDAA

NDAA Ruling: One Foot Off the Slippery Slope

Chris Hedges

Chris Hedges. Photo: Chris Hedges

Travis Kelly writes on AntiWar.com:

If the founding fathers were spinning in their graves like centrifuges over recent assaults on the Constitution, their RPMs slowed down a bit last Wednesday when U.S. District Judge Katherine Forrest ruled that Section 1021 in the latest National Defense Authorization Act (NDAA), allowing military detention of American citizens without due process, is unconstitutional.

The lawsuit was brought by veteran journalist Chris Hedges, with attorneys Carl Mayer and Bruce Afran doing the heavy lifting without compensation. None thought they had a chance to win, given the juggernaut of military and police-state abuses that have rolled over us in the decade since 9/11. But as Hedges said after the verdict, “A stunning and monumental victory … every once in a while the gods smile on the damned.”

The defendants, President Obama and Secretary of Defense Leon Panetta, had argued that this new NDAA merely codified what the panicked 2001 Authorization to Use Military Force (AUMF) had spawned over the last decade: indefinite military detention, unwarranted searches and seizures, assassination, torture — only now it all could be employed on American soil, against American citizens, however or whenever the president and Pentagon saw fit…

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Indefinite Detention Blocked By New York Judge

USDCSDNYReports Bob Van Voris and Patricia Hurtado on Bloomberg:

Opponents of a U.S. law they claim may subject them to indefinite military detention for activities including news reporting and political activism persuaded a federal judge to temporarily block the measure.

U.S. District Judge Katherine Forrest in Manhattan 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 National Defense Authorization Act, signed into law Dec. 31, puts them in fear that they could be arrested and held by U.S. armed forces.

The complaint was filed Jan. 13 by a group including former New York Times reporter Christopher Hedges. The plaintiffs contend a section of the law allows for detention of citizens and permanent residents taken into custody in the U.S. on “suspicion of providing substantial support” to people engaged in hostilities against the U.S., such as al-Qaeda.

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How the U.S. Uses Sexual Humiliation as a Political Tool to Control the Masses

Search“Believe me, you don’t want the state having the power to strip your clothes off. And yet, it’s exactly what is happening…” Naomi Wolf writes in the Guardian:

In a five-four ruling this week, the supreme court decided that anyone can be strip-searched upon arrest for any offense, however minor, at any time. This horror show ruling joins two recent horror show laws: the NDAA, which lets anyone be arrested forever at any time, and HR 347, the “trespass bill”, which gives you a 10-year sentence for protesting anywhere near someone with secret service protection. These criminalizations of being human follow, of course, the mini-uprising of the Occupy movement.

Is American strip-searching benign? The man who had brought the initial suit, Albert Florence, described having been told to “turn around. Squat and cough. Spread your cheeks.” He said he felt humiliated: “It made me feel like less of a man.”

In surreal reasoning, justice Anthony Kennedy explained that this ruling is necessary because the 9/11 bomber could have been stopped for speeding.

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Chris Hedges Challenges NDAA in Court

Via Russia Today:

Last week the case against the National Defense Authorization Act was presented to a judge in New York. One of the plaintiffs in the case has decided to sue the Obama administration claiming that by simply doing his job he could be arrested and detained indefinitely due to the nature of his work, reporting. Chris Hedges, columnist for TruthDig, joins us to explain how his day in court went.

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Virginia Senate Passed NDAA Nullification Bill

Seal of VirginiaOne of those rare, rare moments when you see federalism actually work. Joe Wolverton writes in the New American:

On January 16, Virginia Delegate Bob Marshall (left) introduced HB 1160, a bill designed to “prevent any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency or the armed forces of the United States in the investigation, prosecution, or detainment of a United States citizen in violation of the Constitution of Virginia.”

After being passed on Valentine’s Day by an overwhelming majority (96–4) in the House, the bill was sent to the Senate for deliberation by that chamber. In a telephone conversation with this reporter, Delegate Marshall broke the latest news of the procedural progress of his very important legislation …

… Marshall’s bill is the first measure in the nation that is based on the Liberty Preservation Act. This model legislation (a copy of which is available from the Tenth Amendment Center) is designed to block the enforcement of the provisions of the NDAA authorizing the apprehension and indefinite detention of citizens of the United States …

… Most of what is contained in the over-500-page NDAA is in fact “inimical to liberty.” For example, under the provisions of Section 1021 of the NDAA, the President is afforded the absolute power to arrest and detain citizens of the United States without their being informed of any criminal charges, without a trial on the merits of those charges, and without a scintilla of the due process safeguards protected by the Constitution of the United States …

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We Are Change Super Bowl Challenge Fail

WeAreChange explains:

Luke Rudkowski is an extreme lightweight when it comes to drinking, so we decided to test his drinking ability against the knowledge of American citizens. After 6 tequila shots (a personal record), Luke had to throw in the towel as he couldn’t stand the ignorance and his own weight.

Thank you to all participants for having a good time and not punching Luke in the face. Our main objective was to raise awareness about the existence of the National Defense Authorization Act (NDAA), which as we documented, many Americans do not know about.

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The Megapocalypse Of Kim DotCom

Via Modern Mythology (by P. Emerson Williams)

An operation planned by a large international team of law enforcement working over the course of years and carried out with helicopters and machine guns in a military style raid. Taking refuge in a safe room, reportedly found “near a semi-automatic shotgun”, a larger than life villain is dragged out and taken into custody.

Photo: Andreas Bohnenstengel (CC)

Photo: Andreas Bohnenstengel (CC)

No, the target is not a drug kingpin, nor a deposed dictator (hence the safe room – sewage drains are reserved final hiding places for deposed dictators and jihadist masterminds), not a banker responsible for tearing the world economy apart, nor a corrupt Western politician on the leash of said bankers.

Much hay has been made of Kim Dotcom’s expansive mansion, expensive toys and cheesy movie villain antics. For those wondering why Megaupload was the target this fact alone should make it clear. They needed someone who would not invoke sympathy, and in this respect, they chose well.

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Ron Paul Introduces Legislation To Strike NDAA’s Unconstitutional Section 1021

Kurt Nimmo writing at Infowars.com:

Rep. Ron Paul left the campaign trail on Wednesday to speak on the House floor about the National Defense Authorization Act, which was signed into law on the first day of the new year by Obama.

Paul introduced legislation to strike the NDAA’s Section 1021, the discretionary detention provision authorizing the President to detain persons accused by the government of supporting terrorism…

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‘Time to Fight’ – Montana Voters Move To Recall Senators Who Voted For NDAA

Gen. Smedley Butler

Gen. Smedley Butler

Jonathan Turley writes:

We have been discussing the disconnect between citizens who have repeatedly opposed continued rollbacks of civil liberties and the Democratic and Republican leadership pushing for such rollbacks, including the recent provision allowing indefinite detention of citizens under the National Defense Authorization Act of 2011 (NDAA). Now Montana citizens have decided to try another approach given the non-responsive attitude of our leaders — they are moving to remove their two Senators from office over their votes in favor of indefinite detention powers.

Montana is one of nine states with recall laws. The other states are Arizona, Colorado, Louisiana, Michigan, Nevada, North Dakota, Oregon, and Wisconsin. Eighteen states have recall laws, but most do not apply to federal officers.

Montana Code 2-16-603, on the grounds of physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, or conviction of certain felony offenses.

Presumably, they are arguing that voting for an unconstitutional measure that allows for indefinite detention of citizens constitutes both a violation of the oath of office and incompetence…

Source: Daily Kos

[continues at Jonathan Turley's blog]

In the Daily Kos post, Stewart Rhodes, one of the leaders of the movement, is quoted as saying:

Two time Medal of Honor winner Marine General Smedley Butler once said “There are only two things we should fight for.

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