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Solly Mack

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Current location: Back of Beyond
Member since: 2001
Number of posts: 76,842

About Me

Busy observing the group dynamics of dust bunnies.

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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.

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