HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » NY judge strikes down ter...

Thu Sep 13, 2012, 12:56 AM

NY judge strikes down terror law scholars fear

An anti-terrorism law was struck down Wednesday by a federal judge who said she saw legitimate fears in claims by journalists, scholars and political activists that they could face indefinite detention for exercising First Amendment rights.

U.S. District Judge Katherine Forrest in Manhattan said the government has softened its position toward those who filed suit challenging the law, but she said the "shifting view" could not erase the threat of indefinite military detention. She urged Congress to make the law more specific or consider whether it is needed at all.

"First Amendment rights are guaranteed by the Constitution and cannot be legislated away," Forrest wrote. "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."



Judge Rules Against Law on Indefinite Detention

A federal judge on Wednesday blocked the government from enforcing a controversial statute about the indefinite detention without trial of terrorism suspects. Congress enacted the measure last year as part of the National Defense Authorization Act.


In the detention case, Judge Katherine B. Forrest of the United States District Court for the Southern District of New York issued a permanent injunction barring the government from relying on the defense authorization law to hold people in indefinite military detention on suspicion that they “substantially supported” Al Qaeda or its allies — at least if they had no connection to the Sept. 11 attacks.

The United States has been detaining terrorism suspects indefinitely since 2001, relying on an authorization by Congress to use military force against perpetrators of the Sept. 11 attacks and those who helped them. Last year, Congress decided to create a federal statute that codified authority for such detentions.

7 replies, 1608 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 7 replies Author Time Post
Reply NY judge strikes down terror law scholars fear (Original post)
Solly Mack Sep 2012 OP
DreamGypsy Sep 2012 #1
Solly Mack Sep 2012 #3
Bernardo de La Paz Sep 2012 #2
rhett o rick Sep 2012 #4
rhett o rick Sep 2012 #5
Solly Mack Sep 2012 #6
Solly Mack Sep 2012 #7

Response to Solly Mack (Original post)

Thu Sep 13, 2012, 01:36 AM

1. Whoopee!!! Some sanity ...

in the current miasma of fear.

Thank you, Judge Forrest.

and thank you, Solly Mack, for the post.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to DreamGypsy (Reply #1)

Thu Sep 13, 2012, 12:53 PM

3. You're welcome.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Solly Mack (Original post)

Thu Sep 13, 2012, 08:02 AM

2. Indefinite detention is not the thin edge of the wedge. It's the whole axe. nt

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Solly Mack (Original post)

Sat Sep 15, 2012, 06:14 PM

4. This is an important issue. nm

 

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Solly Mack (Original post)

Mon Sep 17, 2012, 02:12 PM

5. I hope this doesnt get to the SCOTUS too soon. They will certainly muck it up. nm

 

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Solly Mack (Original post)

Mon Sep 17, 2012, 08:36 PM

6. From LBN:Update #1 U.S. asks appeals court to freeze military detention ruling

Reply to this post

Back to top Alert abuse Link here Permalink


Reply to this thread