A single federal appeals court judge put a temporary hold Monday night on a district court judge's ruling blocking enforcement of indefinite detention provisions in a defense bill passed by Congress and signed into law last year by President Barack Obama.
U.S. Court of Appeals for the 2nd Circuit Judge Raymond Lohier issued a one-page order staying the district court judge's injunction until a three-judge appeals court panel can take up the issue on September 28.
U.S. government officials have argued that the provision in the National Defense Authorization Act simply restates existing law on so-called law-of-war detention, at least the law as interpreted by the D.C. Circuit regarding who can be held for providing "substantial support" to Al Qaeda or allied groups. Critics, including journalists and other activists who filed suit over the provision, say they are in fear of being detained for engaging in their regular work.
The legal dispute about whether the law can be blocked turns to a great extent on arcane legal points. The Justice Department claims that even though the provision didn't change existing law, blocking causes irreparable harm because blocking any Congressionally-passed statute does so. Forrest said the government's concession meant there was no urgency to keeping the law enforceable.
http:// usmsinternalinvestigation.b logspot.com/
I am a U.S. citizen with no ties to terrorism and I was held on indefinite detention by DOJ for 5 months. I was never tried. DOJ filled in its Prisoner Tracking System Form 129 saying I was "W-T Trial". The Bail Reform Act of 1984, 18 U.S.C. section 3142 gives all people a right to a bail hearing with witnesses and a lawyer and requires a special form with certain information as to why a person is held without bail see subsection I or U.S. Courts AO472 form. I was told in Federal Court that I didn't have a right to a lawyer or witnesses. This is on Pacer for D of Colorado 02-1950 document 884. The witnesses against me weren't sworn and I was not allowed to ask them questions. When I was in detention I requested a lawyer but I was not allowed one. The U.S. public defender wrote
to me in jail and said that they could not represent me because I wasn't accused of a crime. The place where I was detained had a very minimal law library -- all they had was an incomplete set of the first edition of American Jurisprudence.
I have sued DOJ in D of Columbia 09-0562 and 11-01032. DOJ pled that it can imprison people without a criminal charge. On july 12, 2012 they admitted that they don't have a record of their statutory authority for detaining me.
I was detained using the Prisoner Tracking System and the Joint Automated Booking System. DOJ published a Notice in the Federal Register that the purpose of the PTS is to manage the detentions of Federal Prisoners who are detained because of a criminal proceeding. Vol 69 p 23214. But they lied in Court and said that all it takes is a judicial proceeding. They published a Notice in the FR that the categories of persons whose records should be in JABS are alleged criminal offenders only see Vol 66 p 20478. DOJ pled fraudulently in 11-01032 doc 16-1 p 10 that "JABS is not limited to inclusion of records that were created incident to arrest for a 'criminal charge'."
Early in his career, Lohier worked as an associate in the law firm Cleary, Gottlieb, Steen & Hamilton. He became an Assistant United States Attorney in 2000, and later became deputy chief and then chief of the narcotics unit. He later became deputy chief and then chief of the Securities and Commodities Fraud Task Force.
Lohier may be most known in his career at the U.S. Attorney's office for having helped to oversee the Bernard Madoff investigation and also for having worked as a prosecutor on the Marc Stuart Dreier case.
On September 17, 2012, Lohier issued a temporary stay to a District Court ruling which had enjoined the enforcement of the indefinite detention provisions of the National Defense Authorization Act of 2012. The stay will remain in effect until a three judge panel of the Second Circuit formally rules on the provision. For this he is now considered a traitor to the U.S. Constitution
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