“Judge Forrest’s decision this week reaffirms her earlier ruling that prohibits the US government from abiding by the indefinite detention provision in the NDAA, a clause that allows for American citizens to be detained and held on the suspicion of supporting terrorists “or associated forces” until a very vague time frame described as only “until the end of hostilities.” – RT(1)
As previously reported, Federal District Judge Katherine Forrest, in Manhattan on May 16, 2012 issued a preliminary injunction in Hedges v. Obama, against Government enforcement of a section of the National Defense Authorization Act (NDAA). That section of the NDAA permits detention of any individuals who are viewed as “supporting” or “associated with” terrorists, for the duration of the present, ongoing military hostilities.
On May 25, the Government filed a motion for reconsideration, i.e., asking the judge to change her decision because of important relevant facts or law she had not considered in her ruling. In the normal course of arguing a motion, the plaintiffs are due to file a response to that motion tomorrow, and the Government gets to reply to the plaintiff’s arguments a week later.
However, the Government’s May 25 brief about their motion stated at the outset, that the Government deems the judge’s preliminary injunction order to apply only to the individual plaintiffs in the case, and not more generally, and that it only enjoined enforcement under one sub-section of the NDAA.
On June 6, Judge Forrest issued a new opinion addressing the Government’s expressed views about the scope of her order. Continue reading →
Guantanamo Bay / Image: Army Sgt. Joseph Scozzari / Wikimedia *
“Barely two months after President Obama authorized the indefinite detention of Americas, two members of US Congress are asking fellow lawmakers to approve a bill that will repeal a controversial provision of the NDAA.(…) Rep. Adam Smith of Washington and Sen. Mark Udall of Colorado, are asking other lawmakers in the House and Senate to sign their name on a bill that will make sure anyone — American or not — will be given a fair trial.” RT