Federal Judge bans Obama`s NDAA provision for 'indefinite detention' of Americans, at least someone in government is thinking straight

Credit: Care2

NDAA unconstitutional: Federal judge bans Obama from indefinitely detaining Americans
RT NEWS
June 7, 2012

US President Barack Obama (AFP Photo/Jewel Samad)

Sorry, Mr. President. A US Federal judge has clarified a decision made last month with some news sure to upset the Obama administration: the White House annot use the NDAA to indefinitely detain American citizens.

Judge Katherine B. Forrest has answered a request made by US President Barack Obama last month to more carefully explain a May 16 ruling made in a Southern District of New York courtroom regarding the National Defense Authorization Act. Clarifying the meaning behind her injunction, Judge Forrest confirms in an eight-page memorandum opinion this week that the NDAA’s controversial provision that permits indefinite detention cannot be used on any of America's own citizens.

Last month Judge Forrest ruled in favor of a group of journalists and activists whom filed a suit challenging the constitutionality of Section 1021 of the NDAA, a defense spending bill signed into law by President Obama on New Year’s Eve. Specifically, Judge Forrest said in her injunction that the legislation contained elements that had a "chilling impact on First Amendment rights” and ruled that no, the government cannot imprison Americans over suspected ties with terrorists.

"In the face of what could be indeterminate military detention, due process requires more,” said the judge.

The Obama administration responded nine days later by asking Judge Forrest to reconsider her ruling, adding that, in the interim, the government would interpret the injunction to mean that only the few plaintiffs listed on the lawsuit would be excluded from indefinite detention. One of those named, journalist Chris Hedges, had previously said, “I have had dinner more times than I can count with people whom this country brands as terrorists … but that does not make me one.”

Responding to the White House’s demands, Judge Forrest writes in a June 6 memo, “Put more bluntly, the May 16 order enjoined enforcement of Section 1021(b)(2) against anyone until further action by this, or a higher, court — or by Congress. This order should eliminate any doubt as to the May 16 order’s scope.”

Judge Forrest does include in her ruling, however, that Americans can be indefinitely detained, but only providing that the government can link suspects directly to the September 11 terrorist attacks.

Attorney Carl Meyer represented the plaintiffs in the lawsuit and told RT last month that he expected the Obama administration to challenge Judge Forrest’s ruling, but warned that “it may not be in their best interest because there are so many people from all sides of the political spectrum opposed to this law.”

Previously, state lawmakers in both Utah and Virginia have proposed legislation that would negate provisions of the NDAA on a local level.

God Bless the Virginia Legislature: Passes HB1160 aka ' NDAA Nullification Act'

New Law: Virginia will not cooperate with NDAA detention

The Tenth Amendment Center
April 18, 2012

RICHMOND, Va. – On Wednesday, the Virginia legislature overwhelmingly passed a law that forbids state agencies from cooperating with any federal attempt to exercise the indefinite detention without due process provisions written into sections 1021 and 1022 of the National Defense Authorization Act.

HB1160 “Prevents any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency of the armed forces of the United States in the conduct of the investigation, prosecution, or detention of a United States citizen in violation of the United States Constitution, Constitution of Virginia, or any Virginia law or regulation.”

The legislature previously passed HB1160 and forwarded it to Gov. Bob McDonnell for his signature. Last week, the governor agreed to sign the bill with a minor amendment. On Wednesday, the House of Delegates passed the amended version of the legislation 89-7. Just hours later, the Senate concurred by a 36-1 vote.

Bill sponsor Delegate Bob Marshall (R-Manassas) says that since the legislature passed HB1150 as recommended by the governor, it does not require a signature and will become law effective July 1, 2012.

Several states recently passed resolutions condemning NDAA indefinite detention, but Virginia becomes the first state to pass a law refusing compliance with sections 1021 and 1022.

“In the 1850s, northern states felt that habeas corpus was so important that they passed laws rejecting the federal fugitive slave act. The bill passed in Massachusetts was so effective, not one single runaway slave was returned south from that state. Today, Virginia joins in this great American tradition,” Tenth Amendment Center executive director Michael Boldin said. “When the federal government passes unconstitutional so-called laws so destructive to liberty – it’s the people and the states that will stand up and say, ‘NO!’ May the other states now follow the lead taken today by Virginia.”

For more information on the new Virginia law, click HERE.