[New York, NY] A lawsuit over a provision in the National Defense Authorization Act (NDAA) will be back in federal court at 10am on February 6, 2013, awaiting decision on an injunction prohibiting indefinite detention of civilians without charge or trial. A group of academics, journalists, and activists filed suit last year over § 1021(b)(2) of the NDAA alleging that the provision suspended due process rights and threatened first amendment protections.
In a landmark ruling last September the plaintiffs —former New York Times war correspondent Chris Hedges, RevolutionTruth founder Jennifer “Tangerine” Bolen, Pentagon Papers whistleblower Daniel Ellsberg, linguist and author Noam Chomsky, Icelandic Parliamentarian Brigitta Jonsdottir, US Day of Rage founder Alexa O’Brien, and Occupy London activist Kai Wargalla— were awarded a permanent, worldwide injunction against the provision by Judge Katherine Forrest of the Southern District of NY (2nd Circuit). In her ruling Judge Forrest, an Obama appointee, challenged the Justice Department attorneys for refusing to provide assurances that journalists and activists would not be indefinitely detained under the provision for exercising first amendment rights:
“Not once in any of its submissions in this action or at either the March or August hearings has the Government said, ‘First Amendment activities are not covered and could never be encompassed by § 1021(b)(2). This Court rejects the Government’s suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention, and have as their sole remedy a habeas petition…That scenario dispenses with a number of guaranteed rights.”
Despite including a signing statement expressing deep reservations over the “indefinite detention provision” and promising not to use such powers against American citizens, President Obama immediately appealed Judge Forrest’s ruling, and sought an emergency stay on the injunction, claiming “irreparable harm” would be incurred by the US if the government lacked the ability to indefinitely detain civilians under section 1021.