Judge Blocks Controversial NDAA Provisions

[pinboy3niner]

Wednesday, May 16, 2012Last Update: 6:49 PM PT
By ADAM KLASFELD

MANHATTAN (CN) - A federal judge granted a preliminary injunction late Wednesday to block provisions of the 2012 National Defense Authorization Act that would allow the military to indefinitely detain anyone it accuses of knowingly or unknowingly supporting terrorism.

Signed by President Barack Obama on New Year's Eve, the 565-page NDAA contains a short paragraph, in statute 1021, letting the military detain anyone it suspects "substantially supported" al-Qaida, the Taliban or "associated forces." The indefinite detention would supposedly last until "the end of hostilities."

In a 68-page ruling blocking this statute, U.S. District Judge Katherine Forrest agreed that the statute failed to "pass constitutional muster" because its broad language could be used to quash political dissent.

"There is a strong public interest in protecting rights guaranteed by the First Amendment," Forrest wrote. "There is also a strong public interest in ensuring that due process rights guaranteed by the Fifth Amendment are protected by ensuring that ordinary citizens are able to understand the scope of conduct that could subject them to indefinite military detention."

...


http://www.courthousenews.com/2012/05/16/46550.htm

Related threads:

• Posted in GD by Luminous Animal:

The NDAA lawsuit achieved an injunction on section 1021 of the NDAA
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=694273

• Posted in LBN by FedUp Queer:

Homeland Battlefield Act Portion Found Unconstitutional By New York Judge
http://www.democraticunderground.com/1014122603

• Posted in GD by ProSense:

Federal Judge Blocks Indefinite Detention Provisions Of NDAA
http://www.democraticunderground.com/1002695332

• Posted in GD by Bonobo:

Homeland Battlefield Act Portion Found Unconstitutional By New York Judge
http://www.democraticunderground.com/1002695792

[think]

1. K&R Thank you judge Forrest for upholding our constitutional rights in this matter

May this trend continue for the sake of our nation.

[limpyhobbler]

2. Good.

But is the government going to appeal it?

If it goes to the Supreme Court couldn't they overturn it?

[pinboy3niner]

3. I think the government is unlikely to appeal

The President expressed reservations about these provisions before they were passed. And even the judge suggests, in her decision, that they could "easily" be modified to pass constitutional muster:

"Section 1021 tries to do too much with too little - it lacks the minimal requirements of definition and scienter that could easily have been added, or could be added, to allow it to pass constitutional muster," Forrest wrote.

Scienter refers to a person's knowledge that a law is being violated.

[cstanleytech]

4. The real question though is will it be overturned if it gets to SCOTUS and imo

they should uphold the ruling or better yet throw out the whole NDAA but that depends on if they truly are a court that follows the constitution rather than a court who makes rulings based on their political beliefs.

[limpyhobbler]

5. In that case we may be screwed. nt