NDAA Constitutionality Currently Being Challenged in Washington Amid Total MSM News Blackout on Critical Constitutional Issue of Imprisonment without Charges or Trial
[Editor's Note: For those who don't know what's going on in this country, a law was signed on Dec. 31, 2011 by the Indonesian Usurper called theNational Defense Authorization Act for 2012 (NDAA) that would normally only concern itself with funding authorization for the military, but had an added provision called Section 1021 that authorizes the US military (or its agents) to kidnap and arrest any American citizen (that the President and his advisors has decided is some sort of undefined threat based on "suspicion") -in his home in the USA- and hold that person at a military detension facility, like Guantanammo Bay, for an INDEFINITE PERIOD of time, without charges, or a trial, or an opportunity to defend yourself. This was passed into LAW on December 31, 2011. It is a clear and blatant violation of the 5th and 6th Amendment of the Bill of Rights of the US Constitution, but the ulterior purpose is to stiffle criticism of the government and curb free speech (the First Amendment of the Bill of Rights) in America. I posted the name of each House member and each US Senator (93 Senators voted Yes) who violated their oath of office by voting in favor of the NDAA in 2011. They need to be voted OUT OF OFFICE in November by voting for WHOEVER is running against them. ...Ken Adachi]
August 10 2012
Despite a mainstream media blackout on the topic, the alternative media is abuzz with this week’s hearing on the constitutionality of the clearly unconstitutional NDAA (http://belligerentact.org/).
In case you don’t remember, section 1021 of the NDAA, which Obama signed into law on December 31 of last year, allows the government to lock up U.S. citizens indefinitely without a trial. At the time of signing, Obama penned a pathetic letter to many of his outraged supporters where he basically said he signed it but he won’t use it. Thanks pal!
In any event, the Administration is showing its true colors by appealing an injunction that Judge Katherine Forrest issued against it in May. The injunction was in response to the lawsuit filed by Pulitzer Prize winning journalist Chris Hedges and others. While the NDAA clearly vaporizes the 5th and 6th Amendments of the Constitution, I believe the real target is the First Amendment [Freedom of speech]. By having a law on the books that allows the government to arbitrarily lock anyone up and throw away the key, the government is actually trying to instill enough fear in people that they self-censor speech and become too afraid to criticize the criminal elite political and economic oligarchy.
I am one of the lead plaintiffs in the civil lawsuit against the National Defense Authorization Act, which gives the president the power to hold any US citizen anywhere for as long as he wants, without charge or trial.
In a May hearing, Judge Katherine Forrest issued an injunction against it; this week, in a final hearing in New York City, US government lawyers asserted even more extreme powers – the right to disregard entirely the judge and the law. On Monday 6 August, Obama’s lawyers filed an appeal to the injunction – a profoundly important development that, as of this writing, has been scarcely reported.
Judge Forrest had ruled for a temporary injunction against an unconstitutional provision in this law, after government attorneys refused to provide assurances to the court that plaintiffs and others would not be indefinitely detained for engaging in first amendment activities. At that time, twice the government has refused to define what it means to be an “associated force”, and it claimed the right to refrain from offering any clear definition of this term, or clear boundaries of power under this law.
This past week’s hearing was even more terrifying. Government attorneys again, in this hearing, presented no evidence to support their position and brought forth no witnesses. Most incredibly, Obama’s attorneys refused to assure the court, when questioned, that the NDAA’s section 1021 – the provision that permits reporters and others who have not committed crimes to be detained without trial – has not been applied by the US government anywhere in the world after Judge Forrest’s injunction.
Full article here
I would also take the time to watch this short video from one of the co-counsels on the case as to exactly what the government is arguing in court. Not a word from the mainstream media on the most important court case in American history. One that will decide the fate of a law that will effectively dismantle at least a third of The Bill of Rights.
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