Federal Appeals Court Restores US Government’s Indefinite Detention Power Previously Blocked by Judge

By: Wednesday July 17, 2013 2:55 pm

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.

In NDAA Lawsuit, Government Claims It Has ‘Decade of Experience’ & Hasn’t Detained Any US Citizens

By: Wednesday February 6, 2013 2:00 pm

Argument in the government’s appeal against the provision of the 2012 National Defense Authorization Act (NDAA), which grants the military the authority to indefinitely detain US citizens, took place this morning at the Second Circuit United States Court of Appeals.

In Lawsuit, GOP Senators Want to Help Obama Administration Preserve Military Indefinite Detention Powers

By: 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.

Indefinite Military Detention Powers and the Death of the Feinstein Amendment

By: Wednesday December 19, 2012 3:57 pm

Lawyers involved in bringing a lawsuit against an indefinite detention provision in the 2012 National Defense Authorization Act (NDAA) have expressed outrage over a Congressional conference committee decision to remove an amendment offered by Sen. Dianne Feinstein that she thought would ban the indefinite detention of US citizens.

The 2013 NDAA & Obama’s Expansion of Indefinite Military Detention Powers

By: 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.

Feinstein Amendment Further Entrenches Power of Military Indefinite Detention

By: Wednesday December 5, 2012 10:05 am

Sen. Dianne Feinstein has put forward a flawed and dangerous amendment to the National Defense Authorization Act of 2013. It passed on Thursday and purportedly aimed to prevent United States citizens from being detained indefinitely by the military. What it did was further entrench the power of military indefinite detention and make it more likely the power will be used against immigrants in the United States, even though that has historically been unconstitutional.

Feinstein Amendment Further Entrenches Power of Military Indefinite Detention

By: Tuesday December 4, 2012 3:50 pm

Sen. Dianne Feinstein has put forward a flawed and dangerous amendment to the National Defense Authorization Act of 2013. It passed on Thursday and purportedly aimed to prevent United States citizens from being detained indefinitely by the military. What it did was further entrench the power of military indefinite detention and make it more likely the power will be used against immigrants in the United States, even though that has historically been unconstitutional.

Court Stays Permanent Injunction Against Indefinite Detention Provision

By: 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.”

Government’s Request for Stay in NDAA Lawsuit Shows Smug Arrogance of Executive Power

By: Tuesday September 18, 2012 10:31 am

A federal appeals court judge granted the government a stay against a federal judge’s ruling permanently enjoining a provision of the National Defense Authorization Act (NDAA), which passed last year and granted the military the legal authority to indefinitely detain persons. Lawyers from the Justice Department under Obama argued they needed an emergency stay because the injunction appears to be “worldwide in its effect, intruding upon military operations in the ongoing armed conflict against al-Qaeda, the Taliban, and associated forces.”

Unmoved by Ruling, Obama Appeals Permanent Injunction Against Indefinite Detention Provision in NDAA (VIDEO)

By: Thursday September 13, 2012 6:30 pm

I went on RT America to talk about the significance of the permanent injunction and the Obama Administration’s decision to appeal the permanent injunction. I highlighted the fact that Forrest agreed with the plaintiffs that, given how the government was presenting the NDAA provision in court, journalists reporting on terrorist groups might find themselves subject to the provision.

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