The news you're not supposed to know...

Austrian Economics: Understand Economics, Understand the World
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
Article posted May 17 2012, 3:10 AM Category: Resistance Source: Glenn Greenwald Print

Federal court enjoins NDAA

An Obama-appointed judge rules its indefinite detention provisions likely violate the 1st and 5th Amendments

A federal district judge today, the newly-appointed Katherine Forrest of the Southern District of New York, issued an amazing ruling: one which preliminarily enjoins enforcement of the highly controversial indefinite provisions of the National Defense Authorization Act, enacted by Congress and signed into law by President Obama last December. This afternoon’s ruling came as part of a lawsuit brought by seven dissident plaintiffs — including Chris Hedges, Dan Ellsberg, Noam Chomsky, and Brigitta Jonsdottir — alleging that the NDAA violates ”both their free speech and associational rights guaranteed by the First Amendment as well as due process rights guaranteed by the Fifth Amendment of the United States Constitution.”

The ruling was a sweeping victory for the plaintiffs, as it rejected each of the Obama DOJ’s three arguments: (1) because none of the plaintiffs has yet been indefinitely detained, they lack “standing” to challenge the statute; (2) even if they have standing, the lack of imminent enforcement against them renders injunctive relief unnecessary; and (3) the NDAA creates no new detention powers beyond what the 2001 AUMF already provides.

As for the DOJ’s first argument — lack of standing — the court found that the plaintiffs are already suffering substantial injury from the reasonable fear that they could be indefinitely detained under section 1021 of the NDAA as a result of their constitutionally protected activities.

Read More

Latest Resistance
- Medical Marijuana Update: Recreational Pot Debuts Today In Oregon
- Mens Warehouse Founder Calls War On Marijuana "Biggest Con Ever Perpetrated," Admits To Smoking Regularly
- MA Supreme Court Rules Cops Can't Make Stop For Marijuana
- Support For Gun Control Continues To Drop
- Texas Police Get 'Owned' During Field Sobriety Test
- Federal Judge Exonerates Man Who Wrote 'F*ck Your Sh*tty Town' On Speeding Ticket
- New Hampshire Library Defies Feds, Turns Tor Relay Back On
- Video: Full CNN Republican Presidential Debate

No Comments Posted Add Comment

Add Comment


Verification *
Please Enter the Verification Code Seen Below

Please see our About Page, our Disclaimer, and our Comments Policy.

This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy

Advanced Search


Remember Me
Forgot Password?

Cops Raid Wrong Home, Charge Owner With Felony Assault - 10/03State Department 'Planted' Anti-Wikileaks Questions For 60 Minutes Interview With Julian Assange - 10/02Police Taser & Beat Innocent Disabled Vet, Hold Quadriplegic Wife at Gunpoint, Demand She Stand - 09/29Homeland Security Detains Stockton Mayor, Forces Him to Hand Over His Passwords - 10/03Mom Regrets Calling 911 For Help After Police Showed Up and Tasered Her Nonverbal Autistic Son - 10/03Dept Says Cop Followed Procedure When He Mistook a 70-yo Man's Stroke For DUI and Beat Him - 10/02J.R.R. Tolkien the Anarchist: 'The Most Improper Job of Any Man is Bossing Other Men. Not One in a Million is Fit for it' - 10/03ATF Officer Snaps At Son's Football Game, Assaults Man, Pulls Gun On Bystanders - 10/02

Man Follows Speeding Cop, Finds Out He Was Speeding To Buy PeanutsMission Creeps: Homeland Security Agents Confiscate Women's Panties For 'Copyright Infringement'Cop Shoots Couple's Dog, Threatens Jail For Trying To Save Dog's LifeSWAT Team Shoots Teen Girl & Her Dog During Pot Raid On Wrong HomeDurham, NC Cop Testifies Faking 911 Calls To Enter Homes Is "Official Policy"Indiana Sheriff Says US A "War Zone" To Justify New MRAP Military VehicleTampa Cops Surveil Pot Dealer, Catch Him Selling Pot, Raid His Home & Kill Him"You Just Shot An Unarmed Man!": Witness Says Police Shot His Friend With His Hands Up