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Related: About this forumJudges to Review Constitutionality of NDAA Military Detention Legislation
The Obama administration, which had appealed the temporary injunction, filed an emergency appeal against the permanent injunction. They first asked Judge Forrest to consider a stay, meaning the injunction would go back into effect until it was appealed in the appellate court, which will start hearing it tomorrow, the 28th, Friday, and she refused. They demanded an emergency stay at 9 a.m. the next morning (they filed on Friday, and so it was 9 a.m. on Monday morning). Unfortunately, the appellate court did issue a stay, putting that law back into effect.
Now, why is it so dangerous? It expands the power of the executive branch beyond anything we have seen, including under the authorization to use military force act of 2001, the Patriot Act, even the FISA Amendments Act, which allows for the warrantless wiretapping, monitoring, and eavesdropping of tens of millions of American citizens. And we now know that all our information is being stored out in supercomputers in Utah.
And the language of the section, as Judge Forrest noted in her 112-page ruling, is very vague and very nebulous. It not only permits the military to seize U.S. citizens who have links to al-Qaeda or the Taliban, but [links] to what they call "associated forces". It allows the government to seize citizens who substantially support terrorism activity.
And during the course of the trial, Alexa O'Brien, who was one of the plaintiffs from U.S. Day of Rage, presented to the court email correspondence back and forth from staffers at a private security firm, whichthese emails, 5 million of them, had been leaked by WikiLeakswhich attempted to link U.S. Day of Rage with al-Qaeda. And this is precisely the problem. You pass these laws in the name of the war on terror, and then you use them to criminalize legitimate dissent, as well as criminalize groups in opposition to the ruling elite. It's something that we saw in the whole long, decades-long battle against communism. It's exactly the same kind of template. And it allows the government to classify an entire section of the population as essentially outside legal boundaries, I mean, to strip them of due process, strip them of their legal rights. And that's why this section, 1021, is so frightening.http://www.therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=8888
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Judges to Review Constitutionality of NDAA Military Detention Legislation (Original Post)
midnight
Sep 2012
OP
villager
(26,001 posts)1. We may want Obama to win the election, but we want him to lose big on this
Which is a sad state of affairs, really, considering his first campaign.
midnight
(26,624 posts)3. Exactly! Besides could you see Paul Ryan and Akin with this power.. All women protesting rape
could be seen as enemy's of the state... This power can get slippery and go down the wrong slop quickly...
tama
(9,137 posts)4. And not a good sign for SCOTUS, the whole matter nt
DreamGypsy
(2,252 posts)2. Ten thumbs up.
Hope the only correct, constitutional decision is made by the review panel.