Federal Court Overturns Block on NDAA Indefinite Detention
The Second Circuit court has overturned a temporary injunction which had blocked the indefinite detention provision of the National Defense Authorization Act (NDAA) – meaning Americans can now once again be kidnapped and held without trial.
In September 2012, United States District Court Judge Katherine B. Forrest ruled that the indefinite detention provision of the NDAA was unconstitutional and blocked it permanently. However, within 24 hours of the ruling the Obama administration appealed lodged an appeal and the law has been under temporary injunction until now.
Americans can once again “legally” be snatched off the street and detained without trial based on the mere claim that they provided aid or support to terrorists, despite this being a total violation of habeas corpus.
The Tenth Amendment Center has a detailed breakdown of the ruling;
“In layman’s terms, Forrest put a stop to indefinite detention, and the Second Circuit overturned that. It also permanently prohibited Forrest from attempting to do so again, ordering her to proceed with the case consistent with their opinion. NDAA “indefinite detention” powers are alive and well.”
The group points out that the new Second Circuit ruling is completely incorrect because it claims that Section 1021 of the 2012 NDAA says nothing about the government’s ability to detain citizens.
In reality, section 1021 states, “Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force . . . includes the authority for the Armed Forces of the United States to detain covered persons . . . pending disposition under the law of war.”
The ruling stems out of Hedges v. Obama, a lawsuit filed in January 2012. Pulitzer Prize-winning journalist Chris Hedges and several other high profile figures brought the case in order to protest against the potential that the law could be used to harass outspoken journalists and political activists.
“Sadly, the “victory” lasted about 10 months. Today, US totalitarianism wins again,” laments Zero Hedge.