59 votes

Federal Judge Puts NDAA on Hold!

Bloomberg:

Military Detention Law Blocked by New York Judge (Update 1)

A federal judge temporarily blocked enforcement of a part of the National Defense Authorization Act that opponents claim could subject them to indefinite military detention for activities including news reporting and political activism.

U.S. District Judge Katherine Forrest in Manhattan today ruled in favor of a group of writers and activists who sued President Barack Obama, Defense Secretary Leon Panetta and the Defense Department, claiming a provision of the act, signed into law Dec. 31, puts them in fear that they could be arrested and held by U.S. armed forces.

Continue: http://www.bloomberg.com/news/2012-05-16/military-detention-...

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check out how absolutely arrogant

these govt TERRORISTS are!

From that Bloomberg article:

Hedges and two other plaintiffs testified in a hearing before Forrest in March, the judge said. A fourth plaintiff submitted a sworn declaration. The government put on no evidence, Forrest said.

Forrest, an Obama appointee who has served on the Manhattan federal court since October, rejected the government’s arguments that the plaintiffs lacked standing to sue over the law and that it merely reaffirmed provisions in an earlier law, the 2001 Authorization for Use of Military Force, which was passed in the wake of the Sept. 11, 2001, terrorist attacks.

1. Feds didn't even bother putting up evidence. 'cause they have none.

2. "plaintiffs lacked standing to sue over the law" - literally proves just how these sociopathic murderers view the citizenry: 'you're too stupid to know the law!'

Sure, let's omit the FACT that 99% of a-holes in DC have NEVER read, nor comprehend the Constitution. PERIOD. How else could one explain 98% of govt?

Can you imagine if there was a Federal Law that clearly stated that the punishment for ANY sworn public servant violating any part of the Constitution or conspiring against it by proposing UnConstitutional bills other than those intended for proper Const. Amendment process, would be the same as the one outlined in the Coinage Act of 1792?

That would practically delete about 99% of CONgress crtters' 'work'-load!

Oh, and the Doc was busy today in DC holding a bi-partisan press conference on calling an end to that portion of the NDAA:

http://www.dailypaul.com/234230/ron-paul-adam-smith-push-to-...

How awesome is he??

Predictions in due Time...
http://www.youtube.com/watch?v=zGDisyWkIBM

"Let it not be said that no one cared, that no one objected once it's realized that our liberties and wealth are in jeopardy." - Dr. Ronald Ernest Paul

Correct me if I'm wrong

but the death penalty is still there for conspiring against the constitutional rights
...and not just for the sworn public servants
see: 18 USC § 241 - Conspiracy against rights
http://www.law.cornell.edu/uscode/text/18/241

Correct me if I'm wrong, but to me it looks like that for the sworn public servants who have given aid and comfort to the enemies of the US Constitution is there also the 14th amendment sec. 3
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_Uni...

Republicae's picture

No, the death penalty is not

No, unfortunately the death penalty is not the sentence for simply conspiring against the Constitutional Rights. Lincoln committed High Treason when he illegally levied War against THEM (the States). Now, I'm sure that there are more than a few of the politicians in D.C. that have committed treason, but making a case against them in the current ideological gutter of Congress, well that's another story.

Article 3, Section 3:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

http://militantjeffersonian.com

"We are not a nation, but a union, a confederacy of equal and sovereign States" John C. Calhoun

Billy Jack's picture

Now on huff post.com front page.

Now on huff post.com front page. This beautiful Judge forced the media to lift their blackout - the Constitution still has a faint pulse after all.

http://www.huffingtonpost.com/2012/05/16/homeland-battlefiel....

Cos Cob, CT

I love...

NEW YORK.

Except, it would be nice if they didn't randomly stop people on the street, arrest vacationing photographers, or have police watch towers.

They that give up liberty for security deserve neither.

also...

if they didn't ban opencarry, ban CCW unless you're one of Bloomie's billionaire buddies.

Not to mention unless they did BAN the DHS policestate 24/7 surveillance grid with armed SWAT fully loaded out in M4/AR15, walking around like a bunch of goons, and if their subway cops didn't have a penchant for raping young men with their walkie/talkie radio antennae.

just to top off the list.D

I'm sure I'm forgetting a couple of their policestate tactics and toys, to say the least.

Predictions in due Time...
http://www.youtube.com/watch?v=zGDisyWkIBM

"Let it not be said that no one cared, that no one objected once it's realized that our liberties and wealth are in jeopardy." - Dr. Ronald Ernest Paul

SteveMT's picture

Federal Judge: "due process requires more." Amen to that!

District Judge Katherine Forrest in Manhattan ruled in favor of a group of civilian activists and journalists who said they feared being detained under a section of the law, which was signed by President Barack Obama in December 2011.

"In the face of what could be indeterminate military detention, due process requires more," the judge said.
http://www.reuters.com/article/2012/05/16/us-usa-security-la...

Republicae's picture

FANTASTIC

FANTASTIC

http://militantjeffersonian.com

"We are not a nation, but a union, a confederacy of equal and sovereign States" John C. Calhoun

Great!

A judge that actually believes in her oath, the meaning of her law license, and the Constitution. Someone who can't be bought off. Wonderful news for liberty and the citizens of the U.S..

a Fed Judge based in Manhattan no less!

beautiful seeing the rare, actual public SERVANTS taking their Oaths seriously!

Es ist Wunderbar!

Predictions in due Time...
http://www.youtube.com/watch?v=zGDisyWkIBM

"Let it not be said that no one cared, that no one objected once it's realized that our liberties and wealth are in jeopardy." - Dr. Ronald Ernest Paul

sharkhearted's picture

I agree!

This judge is a patriot...and how all judges should be.

~Chris
Norfolk, VA

~Chris
Norfolk, VA

Time to INVESTIGATE the investigators of 9/11. PROSECUTE the prosecutors. EXPOSE the cover-up.

Excellent news. I do hate the

Excellent news. I do hate the part about Congress not doing its job so regular citizen's have to hire lawyers and sue the President. That part sucks, but the outcome looks great.

OH! My gosh... Today May 16th on Cspan

FBI Director.. NDAA came up Big Time! Senator Lee, Utah one of only 7 original senators who voted against throwing us in jail and taking away the key: had him stuttering so bad, he sounded like porky pig. Next, came Senator Diane Feinstein (must see) and then next (!) Linsey Graham (Whoa!), OHG. His staff! Man! He attacked Mike Lee's lines of questioning. MUST see. next Schumar. The FBI director (Meullen?) was also grilled by Schumar because of "communication" on the botched false flag terror event that occured recently. Discovered by reporters! chk it out on their video library. 5/16/12 FBI.

Could you post the link? I

Could you post the link? I want to see the oink oink.

Link??

???

Ron Paul - Intellectual hero

So the provision that Obama

So the provision that Obama specifically requested, yet pretended that he would veto the bill if it was included, that was supposedly altered to exclude U.S. citizens and plastered over with meaningless signing statements actually did exist and could apply to U.S. citizens? But but but....the liberals told me that was just a delusional conspiracy and Obama "fixed" it.

And you know what amazes

And you know what amazes me...the liberals STILL TO THIS DAY do not believe that Obama requested that provision. You can link them the youtube of Senator Carl Levin (D) explicitly stating that it was the case, but they still refuse to believe it...

I hope it stands

Obama folded like a cheap chair on his threat to veto NDAA. If there were a strong voice in the GOP standing for civil liberties it would have stiffened his spine knowing the GOP couldn't launch a united attack on him as weak on terrorism.

If we can be that strong voice then we may be able to reverse the perverse incentives towards passing insanity like this.

He didn't fold, he

He didn't fold, he specifically requested that provision and then pretended to be against it when that provision started getting media attention. He never had any intention to veto it. Typical fraudulent Obama maneuver, and the media glosses over it as usual. No wonder many Americans still think Obama has been a good President. The media has done a TERRIBLE job at exposing and reporting his mistakes.

Good News!

Thanks for posting that, pm!
Bump!

sharkhearted's picture

Yes indeed...thanks, pm!

~Chris
Norfolk, VA

~Chris
Norfolk, VA

Time to INVESTIGATE the investigators of 9/11. PROSECUTE the prosecutors. EXPOSE the cover-up.

sharkhearted's picture

Naomi Wolf was one of the plaintiffs...she is a heroine

Even though she and I come from different sides of the political tracks...I LOVE Naomi Wolf.

She had the guts to stand up against the creeping fascism during the Bush years (when I was still a neocon voting fool), and her stand has not relented under her "hope and change" candidate....who, by the way has escalated the creep towards fascism...into a march.

She is "profoundly" disappointed in Obama [her words].

Time to nab her for Dr. Paul??

I love this speech she gave for Ron Paul supporters in 2008:

http://www.youtube.com/watch?v=2fGc6auB4j8

~Chris
Norfolk, VA

~Chris
Norfolk, VA

Time to INVESTIGATE the investigators of 9/11. PROSECUTE the prosecutors. EXPOSE the cover-up.

sharkhearted's picture

There is...a God! :)

WOW!

Just forwarded it to everyone I know.

Excuse me....but I just gotta say it... hell YES!

Good for this judge. May there be many more like her who will have the courage to stand up and push back against the greatest power grab and rise of tyranny this country has ever seen, since its inception.

~Chris
Norfolk, VA

~Chris
Norfolk, VA

Time to INVESTIGATE the investigators of 9/11. PROSECUTE the prosecutors. EXPOSE the cover-up.

Looks like a good start

at ending an unconstitutional law!

A (hopefully not temporary)

A (hopefully not temporary) win for the Constitution!

a wonder

the judge did not crumble to no standing.