Senate Passes Indefinite Detention Limitations Amid Various Interpretations of the Statute Language

By: Friday November 30, 2012 12:28 pm

Depending on who you believe, the Senate either voted today to limit indefinite detention practices or voted to allow those limits to be determined by the executive branch. You may need a degree in linguistics to figure this one out.


Senate Passes Amendment to Withdraw From Afghanistan at “Steady Pace”

By: Thursday November 29, 2012 3:13 pm

The Senate, in an amendment to this year’s National Defense Authorization Act, accepted a measure written by Sen. Jeff Merkley (D-OR) calling for a continued drawdown of US troops from Afghanistan, at a “steady pace” through the end of 2014, and a close to all combat operation “at the earliest date” possible.

The news here is that Merkley got a filibuster-proof majority for that measure, for the first time, with 12 Republicans and 50 out of 51 Democrats in support (Lieberman, of course, voted no; Wyden and McCaskill didn’t vote today).

Will Obama’s Second Term Finally Fulfill His 2008 Promises? (Part I)

By: Saturday November 10, 2012 6:00 pm

President Obama’s reelection has sparked an onslaught of analysis attempting to define the agenda for his second term. Will it reflect the vision of restoring liberty and security on which the president ran in 2008, or the disappointing passivity towards the national security state that characterized his first term?

More to the point, will President Obama’s legacy include emerging American authoritarianism, or instead the recovery of constitutional freedoms lost over the past decade?

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.”

Judge Stops Indefinite Detention of Undocumented Immigrants, Asylum Seekers

By: Friday September 14, 2012 12:45 pm

Scott Lemieux has a good piece in The American Prospect about the federal court ruling blocking the indefinite detention provisions of last year’s National Defense Authorization Act (NDAA). While Lemieux expressed a lack of confidence that the injunction would be upheld by the appeals courts, he praised the action because of the potential for abuse.

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.

Permanent Injunction Against Indefinite Military Detention in NDAA Issued by Federal Judge

By: 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.

Government Heightens Fears of Those Pushing NDAA Lawsuit

By: Thursday August 2, 2012 2:57 pm

Plaintiffs who won a preliminary injunction in May against a provision of the Homeland Battlefield Act or the National Defense Authorization Act (NDAA) are pushing for a permanent injunction to this provision of the NDAA. Citing recent statements made by the United States government that it made in a filed brief to a federal court, plaintiffs now have a heightened fear that that the provision—specifically known as Section 1021, which Judge Katherine B. Forrest temporarily enjoined—could potentially be used against them for engaging in First Amendment activities.

Occupy Supply Skill Share: NDAA The Future of Dissent [video]

By: Saturday July 21, 2012 7:52 am

On this week’s Occupy Supply Skill Share, we discussed the NDAA and its implications on the future of dissent. At the beginning of the year, President Obama signed this year’s National Defense Authorization Act; immediately people focused on sections 1021 and 1022 concerning indefinite detention. Chris Hedges and a group of Journalists and Activists recently presented a suit against members of Congress and the Obama Administration regarding the constitutionality of the NDAA. We were joined by two of the plaintiffs on the case, Alexa O’Brien and Kai Wargalla.

Follow Firedoglake
CSM Ads advertisement