Sep 18, 2012 by democracynow
DemocracyNow.org – The Obama administration has filed an emergency appeal of a federal judge’s decision to block a controversial statute that gave the government the power to carry out indefinite detention. Judge Katherine Forrest ruled against a provision in the National Defense Authorization Act, or NDAA, authorizing the imprisonment of anyone deemed a terrorism suspect anywhere in the world without charge or trial. A group of journalists, scholars and political activists had brought the case, arguing the provision was so broad it could easily infringe on freedom of speech. In a court filing on Monday, the government argued Judge Forrest’s ruling could go beyond the statute itself to curb the indefinite provisions contained in the legislation authorizing the so-called post-9/11 “War on Terror,” potentially jeopardizing the imprisonment of foreigners in Afghanistan without charge. We look at the Obama administration’s support for indefinite detention at home and abroad with Empty Wheel blogger Marcy Wheeler.
Obama wins right to indefinitely detain Americans under NDAA
Sept. 18, 2012
A lone appeals judge bowed down to the Obama administration late Monday and reauthorized the White House’s ability to indefinitely detain American citizens without charge or due process.
Last week, a federal judge ruled that an temporary injunction on section 1021 of the National Defense Authorization Act for Fiscal Year 2012 must be made permanent, essentially barring the White House from ever enforcing a clause in the NDAA that can let them put any US citizen behind bars indefinitely over mere allegations of terrorist associations. On Monday, the US Justice Department asked for an emergency stay on that order, and hours later US Court of Appeals for the Second Circuit Judge Raymond Lohier agreed to intervene and place a hold on the injunction.
The stay will remain in effect until at least September 28, when a three-judge appeals court panel is expected to begin addressing the issue.
A lawsuit against the administration was filed shortly thereafter on behalf of Pulitzer Prize-winning journalist Chris Hedges and others, and Judge Forrest agreed with them in district court last week after months of debate. With the stay issued on Monday night, however, that justice’s decision has been destroyed.