Photo courtesy Capitol Hill Cubans blog.

The NDAA is dead!

At last a Federal Judge who actually applies the U.S. Constitution as written has blocked the U.S. Government’s ability to detain people without charges.

The National Defense Authorization Act’s “Homeland Battlefield” provisions allowed for the indefinite detention of people for terror-related reasons, but indefinite detention without charges or a trial clearly runs contrary to the supreme law of the land, the U.S. Constitution.

Sadly, the measure passed both houses of Congress and was signed by President Barack Obama.  We would encourage our members to vote to remove from office any elected official who voted for this grossly unconstitutional measure.

Foes of the measure, including us at Guns Save Life, were concerned not only about the measure’s extra-constitutionality, but that it would be used liberally by those in power to detain those with unpopular viewpoints or political enemies.

Karl Denninger did a fine job writing this up this morning and we would urge you to read his piece on it:

This injunction effectively de-fangs the concept of the US Government playing “we’ll detain but never charge, try or convict you” games with US citizens.  With this section barred from use the government must now adhere to Due Process of Law, one of the founding principles of our nation.

…The simple fact of the matter is that Habeas Corpus was in fact one of the issues that led to the American Revolution.  Back in the 1770s colonists were often held without charges and without any opportunity to confront accusers, either in person or in the form of the alleged evidence against them.  This barbarism was in no small part the reason that our forefathers took arms and ejected the British from what is now America, and wrote into the Constitution its protection…


Here’s the story from Reuters:

U.S. judge’s rule protects reporters, activists in their Middle East work

(Reuters) – A federal judge made permanent on Wednesday her order blocking enforcement of a U.S. law’s provision that authorizes military detention for people deemed to have “substantially supported” al Qaeda, the Taliban or “associated forces.”

U.S. District Judge Katherine Forrest in Manhattan had ruled in May in favor of non-profit groups and reporters whose work relates to conflicts in the Middle East and who said they feared being detained under a section of the law, signed by President Barack Obama in December.

Wednesday’s 112-page opinion turns the temporary injunction of May into a permanent injunction. The United States appealed on August 6.

The permanent injunction prevents the U.S. government from enforcing a portion of Section 1021 of the National Defense Authorization Act’s “Homeland Battlefield” provisions.


One thought on “NDAA Habeas Corpus suspensions blocked!”
  1. Not Dead Yet!
    Next Stop: NDAA Hell for Americans’ Civil Liberties?

    Americans deemed by President Obama as Belligerent are vulnerable to Arrest and Indefinite Detention under the passed NDAA, National Authorization Defense Act.

    Recently the Obama Administration asked a NYC Federal judge to (stay) suspend a ruling by a U.S. District Judge (Katherine Forrest) that permanently blocked enforcement of vague provisions of NDAA that give the President authorization to lock up belligerents indefinitely. According to the Obama Administration—they (were justified) to lock belligerents up indefinitely—because cases involving belligerents directly-aligned with militants against the good of America—warrants such punishment.) Obama may use the NDAA provisions blocked by U.S. District Judge (Katherine Forrest) to round up without evidence millions of Americans alleging they are belligerents or threat to National Security. Hitler included similar provisions in his fascist (Discriminatory Decrees signed February 28, 1933). Immediately after German Parliament passed Hitler’s laws, the Reich Government ordered the arrest of German Citizens without probable cause or evidence; delegated power to German Police and other authorities to arrest anyone Nazi authorities claimed attempted or incited public unrest: arrested among others were outspoken Germans, writers, journalists, peaceful protestors and artists.

    The U.S. 2012 NDAA legislation Obama signed 12-31-11 is similar to Hitler’s 1933 fascist laws the SS and Gestapo used to target persons in Germany for arrest, imprisonment and execution without probable cause; and confiscate millions of dollars of property. Then Hitler used his laws to suspend Parliament insuring his laws could not be rescinded.

    During the Obama Administration’s recent request for a (stay) to stop U.S. District Judge Katherine Forrest blocking enforcement of vague NDAA provisions, the Federal Government—never clarified what constitutes a (belligerent); or militant; or what belligerent activities (directly aligned with a militant) to order a belligerent’s arrest or indefinite detention; or what is against the good of America. Under NDAA, the U.S. Government or President could claim anyone was (directly aligned with militants) e.g. any political or other association; charge any activity, statement, writing or communication was (directly aligned) with an individual or group the government deemed (militant) to arrest and indefinitely detain Americans. Writers, journalists, Americans that disagree with or question U.S. Government or its allies—may under NDAA be subject to arrest and indefinite detention.

    The 2012 / 2013 NDAA like Hitler’s 1933 Decrees are similar—both laws allow forced government censorship; warrant-less searches of private property and forfeiture of property from persons not charged with crime. Provisions in 2013 NDAA keep the door open for corrupt U.S. police; government agents and provocateurs which there are many, to falsify reports and statements to target any American, group or organization for arrest, indefinite detention, complete disappearance; civil asset forfeiture of their property.
    You may have noted NDAA referred to the USA Patriot Act. Under the Patriot Act, lending itself to Government / police corruption, the Federal Government may use secret witnesses and informants to cause arrests and civil asset forfeiture of Americans’ property. Witness(s) and informants may be paid up to 50% of assets forfeited. Federal Government under 18USC may use a preponderance of civil evidence, little more than hearsay to Civilly Forfeit Private Property. Under the Patriot Act innocent property owners may be barred by government knowing the evidence federal government uses to forfeit their property.

    Sections of 2013 NDAA are so broad, it appears U.S. Government or the President could (retroactively) deem an American’s past 1st Amendment activities prior to passage of 2012 NDAA—supported hostilities, terrorism or (Belligerents) to order the arrest and Indefinite Detention of any U.S. Citizen, writer, group or organization.

    Under NDAA It should be expected that indefinitely detained U.S. Citizens not involved in terrorism or hostile activities, not given Miranda Warnings when interrogated, not allowed legal counsel or habeas corpus may be prosecuted for non-terrorist (ordinary crimes) because of their (alleged admissions) while held in Indefinite Detention.

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