Federal Judge Reinstates Unconstitutional NDAA

							Federal Judge Reinstates Unconstitutional
NDAA
Kurt Nimmo
Infowars.com
September 18, 2012

Late Monday night a federal judge in New York,
Raymond Lohier, granted the Obama administration
an “emergency” stay that temporarily blocks a ruling
by U.S. District Judge Katherine Forrest last week
blocking the NDAA.
“Lohier offered no explanation or rationale for the
temporary stay. However, the Justice Department has
asked the appeals court to block the injunction,” Politico
reported late last night.
The Obama administration characterized the ruling by
Forrest as unconstitutional.
The Justice Department said the ruling was
“unprecedented” and argued that the executive has the
right under the Constitution to detain anyone indefinitely without due process. The Fifth Amendment
specifically mentions due process of law.
The NDAA also violates the “equal protection” clause of the 14th Amendment stating that all people be
treated the same under the law.
The federal government argues that the National Defense Authorization Act did not expand its authority
beyond what already existed under the 2001 Authorization for Use of Military Force (AUMF) , as
interpreted by judges in Guantánamo Bay habeas corpus cases.
“This pernicious law poses one of the greatest threats to civil liberties in our nation’s history,” writes
Brian J. Trautman. Under AUMF, “this law can be used by authorities to detain (forever) anyone the
government considers a threat to national security and stability – potentially even demonstrators and
protesters exercising their First Amendment rights.”
Documents produced by the Department of Homeland Security and fusion centers and subsequently
leaked to the media target numerous organizations and individuals as threats to national security —
including supporters of Ron Paul, returning veterans, and other “rightwing extremists.”
In the months ahead, the NDAA will likely become an invaluable tool for the government as the
economy finally topples over a cliff and a violent conflagration engulfs the Middle East. Iran has
promised to shut down the flow of oil out of the region if the United States and Israel invade. This
would undoubtedly have a devastating effect on the world economy and would result in massive
protests against the government.
Obama wins right to indefinitely detain
Americans under NDAA
rt.com
September 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.On December 31, 2011,
US President Barack Obama signed the NDAA into law,
even though he insisted on accompanying that
authorization with a statement explaining his hesitance
to essentially eliminate habeas corpus for the American people.
“The fact that I support this bill as a whole does not mean I agree with everything in it,” President
                                           Obama wrote. “In particular, I have signed this bill despite
                                           having serious reservations with certain provisions that
                                           regulate the detention, interrogation, and prosecution of
                                           suspected terrorists.” 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.With only Judge Lohier’s single
                                           ruling on Monday, the federal government has been once
                                           again granted the go ahead to imprison any person “who was
                                           part of or substantially supported al-Qaeda, the Taliban or
                                           associated forces that are engaged in hostilities against the
                                           United States or its coalition partners” until a poorly defined
deadline described as merely “the end of the hostilities.” The ruling comes despite Judge Forrest’s
earlier decision that the NDAA fails to “pass constitutional muster” and that the legislation contained
elements that had a “chilling impact on First Amendment rights”
Because alleged terrorists are so broadly defined as to include
anyone with simple associations with enemy forces, some
members of the press have feared that simply speaking with
adversaries of the state can land them behind bars.
“First Amendment rights are guaranteed by the Constitution
and cannot be legislated away,” Judge Forrest wrote last week.
“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.”
Bruce Afran, a co-counsel representing the plaintiffs in the case
Hedges v Obama, said Monday that he suspects the White
House has been relentless in this case because they are already
employing the NDAA to imprison Americans, or plan to
shortly.
“A Department of Homeland Security bulletin was issued
Friday claiming that the riots [in the Middle East] are likely to
come to the US and saying that DHS is looking for the Islamic
leaders of these likely riots,” Afran told Hedges for a blogpost
published this week. “It is my view that this is why the
government wants to reopen the NDAA — so it has a tool to
round up would-be Islamic protesters before they can launch
any protest, violent or otherwise. Right now there are no legal
tools to arrest would-be protesters. The NDAA would give the
government such power. Since the request to vacate the
injunction only comes about on the day of the riots, and
following the DHS bulletin, it seems to me that the two are
connected. The government wants to reopen the NDAA
injunction so that they can use it to block protests.”
Within only hours of Afran’s statement being made public,
demonstrators in New York City waged a day of protests in order to commemorate the one-year
anniversary of the Occupy Wall Street movement. Although it is not believed that the NDAA was used
to justify any arrests, more than 180 political protesters were detained by the NYPD over the course of
the day’s actions. One week earlier, the results of a Freedom of Information Act request filed by the
American Civil Liberties Union confirmed that the FBI has been monitoring Occupy protests in at least
one instance, but the bureau would not give further details, citing that decision is “in the interest of
national defense or foreign policy.”
Josh Gerstein, a reporter with Politico, reported on the stay late Monday and acknowledged that both
Forrest and Lohier were appointed to the court by President Obama.
The Obama Deception The Truth About Barry Soetoro AKA Barack Obama video below
http://www.youtube.com/watch?v=eAaQNACwaLw



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