Thursday, October 4, 2012

Sad Update on NDAA Indefinite Detention Provisions

NDAA Indefinite Detention Provision Back in Effect By Josh Gerstein, Politico  03 October 12

[Excerpted] A federal appeals court has extended a temporary stay of a district court judge's order barring the government from using an indefinite detention provision in a defense bill passed by Congress and signed by President Barack Obama late last year.

A three-judge motions panel of the U.S. Court of Appeals for the 2nd Circuit issued the order Tuesday afternoon, indicating they saw flaws with the scope and rationale for U.S. District Court Judge Katherine Forrest's original order blocking the disputed provision of the National Defense Authorization Act of 2011.

"We conclude that the public interest weighs in favor of granting the government's motion for a stay," Appeals Court Judges Denny Chin, Raymond Lohier and Christopher Droney wrote in a three-page order that also expedited the appeal.

The judges continue: First, in its memorandum of law in support of its motion, the government clarifies unequivocally that, 'based on their stated activities,' plaintiffs, 'journalists and activists[,] . . . are in no danger whatsoever of ever being captured and detained by the U.S. military.'...

Majia here: This judgment is NOT in the public interest. This legislation threatens U.S. citizens' Constitutional guarantees of due process and essentially negates a cornerstone of western democracy, habeas corpus.


Victory (at least temporarily) on Section 1021(b)(2) of the NDAA
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Majia's Blog: Some Good News for a Change

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Judge Rules NDAA Unconstitutional By Larry Neumeister, Associated Press 17 May 12 [Excerpt] ... Posted by Majia's ...

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