Tag barack obama

Lawsuit Plaintiffs & Hundreds of Activists will ‘Flood’ 2nd Circuit Court of Appeals in Fight Against NDAA Indefinite Detention

[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.

flood the court MEME

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.

Activists & Journalists Sue President Over NDAA’s Chilling Effect on Constitutional Protections

[NEW YORK, NY] The first round of statements from seven high-profile plaintiffs suing President Barack Obama, Attorney General Eric Holder, Defense Secretary Leon Panetta, House Speakers, and DOD Representatives seeking injunctive relief barring the implementation of the National Defense Authorization Act (NDAA)’s “Homeland Battlefield” provisions of indefinite detention and suspension of Habeas Corpus was heard in federal court last week. The first hearing took place in front of Hon. Kathryn B. Forrest at the U.S. District Court in New York City on Thursday, March 29th, 2012.

During the 3/29 hearing, Alexa O’Brien of U.S. Day of Rage spoke about running the group’s website. She indicated that she received a warning about her affiliations and that she now has deep concerns about continuing her activities since the passage of NDAA.

The NDAA’s Sub-Section 1021 (b)(2) would allow the military to detain anyone it suspects “substantially supported” terrorists or their “associated forces,” and would allow the military to keep them detained until “the end of hostilities.” The specific use of the terms “associated forces” and “substantial support,” terms which have not been defined within the subsection or elsewhere in the bill, is at the core of the plaintiff’s challenge. The plaintiffs are challenging that the vague, over-broad, language is so nebulous that it creates a space where their journalism or non-violent activism may be threatened by the provisions. Moreover, Sub-Section 1021 (b)(2) creates a space for the indefinite detention of targeted individuals, including US citizens, and denies their protections under Habeas Corpus.