{"id":699,"date":"2012-08-08T14:42:15","date_gmt":"2012-08-08T14:42:15","guid":{"rendered":"http:\/\/megalextoria.wordpress.com\/?p=699"},"modified":"2012-08-08T14:42:15","modified_gmt":"2012-08-08T14:42:15","slug":"obama-fights-ban-on-indefinite-detention-of-americans","status":"publish","type":"post","link":"http:\/\/www.megalextoria.com\/wordpress\/index.php\/2012\/08\/08\/obama-fights-ban-on-indefinite-detention-of-americans\/","title":{"rendered":"Obama fights ban on indefinite detention of Americans"},"content":{"rendered":"
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The White House has filed an appeal in hopes of reversing a federal judge\u2019s ruling that bans the indefinite military detention of Americans because attorneys for the president say they are justified to imprison alleged terrorists without charge.<\/p>\n

Manhattan federal court Judge Katherine Forrest ruled in May that the indefinite detention provisions signed into law late last year by US President Barack Obama failed to \u201cpass constitutional muster\u201d and ordered a temporary injunction to keep the military from locking up any person, American or other, over allegations of terrorist ties. On Monday, however, federal prosecutors representing President Obama and Defense Secretary Leon Panetta filed a claim with the 2nd US Circuit Court of Appeals in hopes of eliminating that ban.<\/p>\n

The plaintiffs \u201ccannot point to a single example of the military\u2019s detaining anyone for engaging in conduct even remotely similar to the type of expressive activities they allege could lead to detention,\u201d Obama\u2019s attorneys insist. With that, the White House is arguing that as long as the indefinite detention law hasn\u2019t be enforced yet, there is no reason for a judge to invalidate it.<\/p>\n

Reuters reports this week that the government believes they are justified to have the authorization to lock alleged belligerents up indefinitely because cases involving militants directly aligned against the good of the US government warrants such punishment. Separate from Judge Forrest\u2019s injunction, nine states have attempted to, at least in part, remove themselves from the indefinite detention provisions of included in the National Defense Authorization Act for Fiscal Year 2012, or NDAA.<\/p>\n

In section 1021 of the NDAA, the president\u2019s authority to hold a terrorism suspect \u201cwithout trial, until the end of the hostilities\u201d is reaffirmed by Congress. Despite an accompanying signing statement voicing his opposition to that provision, President Obama quietly inked his name to the NDAA on December 31, 2011. In May, however, a group of plaintiffs including notable journalists and civil liberty proponents challenged section 1021 in court, leading to Just Forrest to find it unconstitutional one month later.<\/p>\n

\u201cThere is a strong public interest in protecting rights guaranteed by the First Amendment,\u201d Forrest wrote in her 68-page ruling. \u201cThere is also a strong public interest in ensuring that due process rights guaranteed by the Fifth Amendment are protected by ensuring that ordinary citizens are able to understand the scope of conduct that could subject them to indefinite military detention.\u201d<\/p>\n

Full article: http:\/\/rt.com\/usa\/ne \u2026 tention-forrest-070\/<\/a><\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

The White House has filed an appeal in hopes of reversing a federal judge\u2019s ruling that bans the indefinite military detention of Americans because attorneys for the president say they are justified to imprison alleged terrorists without charge. Manhattan federal court Judge Katherine Forrest ruled in May that the indefinite detention provisions signed into law late last year by US President Barack Obama failed to \u201cpass constitutional muster\u201d and ordered a temporary injunction to keep the military from locking up any person, American or other, over allegations of terrorist ties. On Monday, however, federal prosecutors representing President Obama and Defense Secretary Leon Panetta filed a claim with the 2nd US Circuit Court of Appeals in hopes of eliminating that ban. The plaintiffs \u201ccannot point to a single example of the military\u2019s detaining anyone for engaging in conduct even remotely similar to the type of expressive activities they allege could lead to detention,\u201d Obama\u2019s attorneys insist. With that, the White House is arguing that as long as the indefinite detention law hasn\u2019t be enforced yet, there is no reason for a judge to invalidate it. Reuters reports this week that the government believes they are justified to have the authorization to […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15],"tags":[1213],"class_list":["post-699","post","type-post","status-publish","format-standard","hentry","category-news-and-politics","tag-ndaa"],"_links":{"self":[{"href":"http:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/posts\/699","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/comments?post=699"}],"version-history":[{"count":0,"href":"http:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/posts\/699\/revisions"}],"wp:attachment":[{"href":"http:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/media?parent=699"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/categories?post=699"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/tags?post=699"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}