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Appeals court kowtows to Obama administration, tentatively blocks indefinite detention ruling
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| image credit: official White House photo by Chuck Kennedy |
Madison Ruppert, Contributor
Activist Post
As I reported yesterday, the Obama administration snapped into action in their effort to overturn the decision of Judge Katherine Forrest which blocked the indefinite detention provisions of the National Defense Authorization Act for Fiscal Year 2012 (NDAA).
In a disturbing yet not all too surprising move, the 2nd U.S. Circuit Court of Appeals quickly stepped in and gave Obama exactly what he wanted in striking down Judge Forrest’s ruling that the White House claims is “dangerous” and a threat to national security.
Judge Raymond Lohier granted an interim stay based on the emergency petition (PDF courtesy of Threat Level) filed by the Obama administration yesterday; and as you can see in the one page decision (PDF courtesy of Threat Level), the decision took less than 24 hours.
One would think that a longer period of deliberation would be required to come to a decision allowing the Obama administration to continue to operate in direct conflict with the Constitution of the United States of America, but apparently that was not the case.
I must wonder if that could have anything to do with the fact that Judge Raymond Lohier was nominated for the position by Barack Obama himself in 2010. After all, Obama said Lohier has “an unwavering commitment to fairness and judicial integrity,” according to a White House press release.
Apparently that unwavering commitment only exists until the executive branch tells him that justice is “dangerous” or a threat to national security. In that case, apparently it takes less than 24 hours for Lohier to completely abandon the rule of law entirely.
The next step is for the Obama administration’s emergency petition to move on to a motions panel which will decide on September 28 if the stay is maintained or if the issue is litigated in the New York-based appeals court, according to Threat Level.
According to the Obama administration, Judge Forrest’s constitutional ruling “had gone beyond the new statute and jeopardized some of its existing authority to hold certain wartime prisoners under the 11-year-old Authorization for Use of Military Force against the perpetrators of the Sept. 11 attacks,” according to The New York Times.
As the Times rightly points out, the ultimate point of conflict here is over the amazing ambiguity of the language in the legislation.
The NDAA sets out broad and incredibly vague guidelines for who exactly can be indefinitely detained without charge or trial by the United States.
The legislation states that anyone who is allegedly a member of al Qaeda or the Taliban or any associated force (whatever that may be) can be indefinitely detained.
It also states that substantial supporters of those groups can be indefinitely detained, without ever specifying all of the associated forces or what conduct would suddenly turn someone into a supporter of al Qaeda, the Taliban or an associated force.
The plaintiffs, which include journalist Christ Hedges among others, argued that the NDAA created a fear of being placed in military detention simply for doing their job, thus creating a chilling effect and limiting their free speech.
“The government has argued that they do not have standing because they will not be detained under the law, although it initially refused to make that assurance,” points out The New York Times.
Indeed, one of the most disturbing aspects of the case was the fact that the Obama administration’s lawyers would never come out and say that they wouldn’t detain journalists like Hedges.
The Obama administration’s lawyers simply refused to outright state that journalists couldn’t be detained under the NDAA and how anyone could take that to mean that journalists would never be detained is completely beyond comprehension.
Hopefully the actions of the Obama White House in response to Judge Forrest’s decision will make it clear that they have always intended to detain American citizens without charge or trial and any claim otherwise is wholly without merit.
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This article first appeared at End the Lie.
2012-09-19 06:26:04
Source: http://www.activistpost.com/2012/09/appeals-court-kowtows-to-obama.html
Source:
COMING NDAA Hell for Americans’ Civil Liberties?
Americans deemed by President Obama as Belligerent are vulnerable to Arrest and Indefinite Detention under the passed NDAA, National Defense Authorization Act.
Late Monday 9-17-12 the Obama Administration was able to get Court of Appeals Judge (Raymond Lohier) for the Second Circuit to reauthorize the White House’s ability under (NDAA) The National Defense Authorization Act of 2012 to (indefinitely detain American citizens) without charge or due process. Second Circuit Judge (Raymond Lohier) placed on hold Judge Katherine Forest’s permanent injunction that recently blocked Pres. Obama’s enforcement of NDAA Indefinite Detention provisions until 9-28-12 when a three-judge appeals court panel is expected to take up the issue. Prior the Obama administration stated to Judge Katherine Forest under NDAA the President had authorization to lock up belligerents indefinitely. That they (were justified) to lock belligerents up indefinitely—because cases involving belligerents directly-aligned with militants against the good of America—warrants such punishment.) Pres. Obama could use NDAA provisions unblocked 9-17-12 by Judge (Raymond Lohier) for the Second Circuit to order U.S. Military Forces to round up without evidence, millions of Americans alleging they are belligerents or threat to National Security. Many observers fear Obama intends to extend NDAA, imprison U.S. Citizens in Indefinite Detention that are not involved with or associated with foreign terrorists forces.
Hitler included similar provisions in his fascist (Discriminatory Decrees signed February 28, 1933). Immediately after German Parliament passed Hitler’s laws, the Reich Government ordered the arrest of German Citizens without probable cause or evidence; delegated power to German Police and other authorities to arrest anyone Nazi authorities claimed attempted or incited public unrest: arrested among others were outspoken Germans, writers, journalists, peaceful protestors and artists. After World War II the East German Secret Police (Stasi) used the threat of Indefinite Detention to forcibly recruit thousands of informants.
The U.S. 2012 NDAA legislation Obama signed 12-31-11 is similar to Hitler’s 1933 fascist laws the SS and Gestapo used to target persons in Germany for arrest, imprisonment and execution without probable cause; and confiscate millions of dollars of property. Hitler used his laws to suspend Parliament insuring his laws could not be rescinded.
During the Obama Administration’s recent request for a (stay) to stop U.S. District Judge Katherine Forrest blocking enforcement of vague NDAA provisions, the Federal Government—never clarified what constitutes a (belligerent); or militant; or what belligerent activities (directly aligned with a militant) to order a belligerent’s arrest or indefinite detention; or what is against the good of America. Under NDAA, the U.S. Government or President could claim anyone was (directly aligned with militants) e.g. any political or other association; charge any activity, statement, writing or communication was (directly aligned) with an individual or group the government deemed (militant) to arrest and indefinitely detain Americans. Writers, journalists, Americans that disagree with or question U.S. Government or its allies—may under NDAA be subject to arrest and indefinite detention.
The 2012 and not yet passed 2013 NDAA, like Hitler’s 1933 Discriminatory Decrees allow forced government censorship; warrant-less searches of private property and forfeiture of property from persons not charged with crime. Provisions in 2012 NDAA keep the door open for corrupt U.S. police; government agents and provocateurs which there are many, to falsify reports and statements to target any American, group or organization for arrest, indefinite detention, complete disappearance; civil asset forfeiture of their property.
You may have noted NDAA referred to the USA Patriot Act. Under the Patriot Act, lending itself to Government / police corruption, the Federal Government may use secret witnesses and informants to cause arrests and civil asset forfeiture of Americans’ property. Witness(s) and informants may be paid up to 50% of assets forfeited. Federal Government under 18USC may use a preponderance of civil evidence, little more than hearsay to Civilly Forfeit Private Property. Under the Patriot Act innocent property owners may be barred by government knowing the evidence federal government uses to forfeit their property.
Sections of 2013 NDAA are so broad, it appears U.S. Government or the President could (retroactively) deem an American’s past 1st Amendment activities prior to passage of 2012 NDAA—supported hostilities, terrorism or (Belligerents) to order the arrest and Indefinite Detention of any U.S. Citizen, writer, group or organization.
Under NDAA It should be expected that indefinitely detained U.S. Citizens not involved in terrorism or hostile activities, not given Miranda Warnings when interrogated, not allowed legal counsel or habeas corpus may be prosecuted for non-terrorist (ordinary crimes) because of their (alleged admissions) while held in Indefinite Detention.
See Below Hitler’s 1933 Discriminatory Decrees
DECREE OF THE REICH PRESIDENT FOR THE PROTECTION OF THE PEOPLE AND STATE
Note: Based on translations by State Department, National Socialism, 1942 PP. 215-17, and Pollak, J.K., and Heneman, H.J., The Hitler Decrees, (1934), pp. 10-11.7
In virtue of Section 48 (2) of the German Constitution, the following is decreed as a defensive measure against Communist acts of Violence, endangering the state:
Section 1
Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.
Section 2
If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.
Section 4
Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to then for the execution of this decree, or the orders given by the Reich Government according to Section 2, is punishable—insofar as the deed, is not covered by the decree with more severe punishment and with imprisonment of not less that one month, or with a fine from 150 up to 15,000 Reich marks.
Who ever endangers human life by violating Section 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less that two years. In addition the sentence my include confiscation of property.
Whoever provokes an inciter to or act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.
Section 5
The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (explosion), 312 (floods), 315, paragraph 2 (damage to railroad properties, 324 (general poisoning).
Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:
1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;
2. Anyone who under Section 115 (2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;
3. Anyone who commits a kidnapping under Section 239 of the Criminal with the intention of making use of the kidnapped person as a hostage in the political struggle.
Section 6
This decree enters in force on the day of its promulgation.
Reich President
Reich Chancellor
Reich Minister of the Interior
Reich Minister of Justice