Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

midnight

(26,624 posts)
Fri Sep 28, 2012, 04:02 PM Sep 2012

Judges 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, which—these emails, 5 million of them, had been leaked by WikiLeaks—which 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
4 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Judges to Review Constitutionality of NDAA Military Detention Legislation (Original Post) midnight Sep 2012 OP
We may want Obama to win the election, but we want him to lose big on this villager Sep 2012 #1
Exactly! Besides could you see Paul Ryan and Akin with this power.. All women protesting rape midnight Sep 2012 #3
And not a good sign for SCOTUS, the whole matter nt tama Sep 2012 #4
Ten thumbs up. DreamGypsy Sep 2012 #2
 

villager

(26,001 posts)
1. We may want Obama to win the election, but we want him to lose big on this
Fri Sep 28, 2012, 04:04 PM
Sep 2012

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
Fri Sep 28, 2012, 04:31 PM
Sep 2012

could be seen as enemy's of the state... This power can get slippery and go down the wrong slop quickly...

Latest Discussions»Retired Forums»Video & Multimedia»Judges to Review Constitu...