Chris Hedges: We Won—For Now
from truthdig:
We Won—For Now
Posted on Sep 17, 2012
By Chris Hedges
In January I sued President Barack Obama over Section 1021(b)(2) of the National Defense Authorization Act (NDAA), which authorized the military to detain U.S. citizens indefinitely, strip them of due process and hold them in military facilities, including offshore penal colonies. Last week, round one in the battle to strike down the onerous provision, one that saw me joined by six other plaintiffs including Noam Chomsky and Daniel Ellsberg, ended in an unqualified victory for the public. U.S. District Judge Katherine Forrest, who accepted every one of our challenges to the law, made her temporary injunction of the section permanent. In short, she declared the law unconstitutional.
Almost immediately after Judge Forrest ruled, the Obama administration challenged the decision. Government prosecutors called the opinion “unprecedented” and said that “the government has compelling arguments that it should be reversed.” The government added that it was an “extraordinary injunction of worldwide scope.” Government lawyers asked late Friday for an immediate stay of Forrest’s ban on the use of the military in domestic policing and on the empowering of the government to strip U.S. citizens of due process. The request for a stay was an attempt by the government to get the judge, pending appeal to a higher court, to grant it the right to continue to use the law. Forrest swiftly rejected the stay, setting in motion a fast-paced appeal to the 2nd U.S. Circuit Court of Appeals and possibly, if her ruling is upheld there, to the Supreme Court of the United States. The Justice Department sent a letter to Forrest and the 2nd Circuit late Friday night informing them that at 9 a.m. Monday the Obama administration would ask the 2nd Circuit for an emergency stay that would lift Forrest’s injunction. This would allow Obama to continue to operate with indefinite detention authority until a formal appeal was heard. The government’s decision has triggered a constitutional showdown between the president and the judiciary.
“This may be the most significant constitutional standoff since the Pentagon Papers case,” said Carl Mayer, co-lead counsel for the plaintiffs.
“The administration of President Obama within the last 48 hours has decided to engage in an all-out campaign to block and overturn an order of a federal judge,” said co-lead counsel Bruce Afran. “As Judge Forrest noted in her opinion, nothing is more fundamental in American law than the possibility that journalists, activists and citizens could lose their liberty, potentially forever, and the Obama administration has now lined up squarely with the most conservative elements of the Republican Party to undermine Americans’ civil liberties.” ..................(more)
The complete piece is at: http://www.truthdig.com/report/item/we_won_--_for_now_20120917/
= new reply since forum marked as read
"they" are rapidly moving ahead on their capability to record everything you say
and track everywhere you go.
Voting doesn't matter on this issue because the Security Police State has bi-partisan support. The 1% believes this will protect them and their assets when things get really bad.
The stunning preemptive police raids and arrests of "potential" disruptors in St Paul the day before the 2008 Republican convention opened my eyes.
But that's OK.
Big Brother really LOVES you,
and only wants what is best for you!
[font size=3]What is good for the Invisible Hand is good for you!
The Graven Image on the altar of the Church of Free Trade[/font]
You will know them by their WORKS,
not by their rhetoric, promises, or excuses.
[font size=5 color=green]Solidarity99![/font][font size=2 color=green]
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