A court order enjoining the United State government from using a provision of the 2012 National Defense Authorization Act has been overturned by a federal appeals court.
|By: Kevin Gosztola Wednesday July 17, 2013 2:55 pm|
|By: Kevin Gosztola Thursday December 27, 2012 9:10 am|
Senators from the Republican Party have asked a federal appeals court to permit them to participate in oral argument in a lawsuit against the indefinite detention provision of the 2012 National Defense Authorization Act (NDAA). Through their lawyers, according to Josh Gerstein of POLITICO, they filed a motion requesting ten minutes to give a presentation on the intent of the provision and how the court’s resolution of this matter could affect or impact Congress.
|By: Kevin Gosztola Tuesday December 18, 2012 10:35 am|
The administration of President Barack Obama has gone much farther in defending and expanding indefinite detention powers than the administrations of President George W. Bush ever attempted. With the Feinstein Amendment in the 2013 National Defense Authorization Act (NDAA), such powers are set to be further expanded, according to Bruce Afran, a lawyer who has helped a group of individuals bring a lawsuit against a provision of the 2012 NDAA that granted the United States military the authority to indefinitely detain US citizens without charge or trial.
|By: Kevin Gosztola Tuesday October 2, 2012 5:45 pm|
A three-judge motions panel of the US Court of Appeals for the 2nd Circuit issued a permanent stay against a permanent injunction a federal judge had issued to block a provision of the 2012 National Defense Authorization Act (NDAA), signed last year, which granted the military the power to indefinitely detain people suspected of “substantially” or “directly” supporting terrorism. The panel concluded, “The interests of justice would best be served by granting a stay of the district court’s permanent injunction.”
|By: Kevin Gosztola Thursday September 13, 2012 8:55 am|
A federal judge issued a ruling on September 12 that permanently enjoined a provision of the National Defense Authorization Act (NDAA) that was signed by President Barack Obama codifying indefinite military detention into United State law last year. She found that the writers, journalists and activists who were plaintiffs in the lawsuit had demonstrated actual and reasonably that their First Amendment-protected activities could subject them to indefinite military detention and ruled the public had a greater interest in preserving the First Amendment and due process rights than allowing law enforcement to have this tool.