Government

Judge: Americans Cannot Be Indefinitely Detained Over Terrorist Suspicion

Earlier this week, New York District Court Judge Katherine B. Forrest made some clarifying remarks on an injunction she made in May, saying that her ruling of indefinite detention of Americans under terrorist suspicion as unconstitutional applied to everyone, not just the plaintiffs involved.

“Put more bluntly, the May 16 order enjoined enforcement of Section 1021(b)(2) against anyone until further action by this, or a higher, court — or by Congress,” she wrote in her memorandum opinion and order. “This order should eliminate any doubt as to the May 16 order’s scope.”

The New York Times reports Forrest’s May 16 injunction was brought to her by journalists and activists fearing they could be detained under the National Defense Authorization Act of 2011. The Obama Administration believed her order would only apply to the plantiffs, including journalist Chris Hedges and Wikileaks activist Brigitta Jonsdottir. The Times reports the Administration “saying that the plaintiffs lacked legal standing to challenge the law and that it was ‘extraordinary’ for her to have restrained future military operations that might be ordered by the commander in chief during wartime.”

Still, in her clarifications, Forrest maintained her initial order that Americans should be not indefinitely detained and elaborated to include that she meant all Americans — not just the plaintiffs. In her memorandum she writes, “this order is intended to leave no doubt on that issue.”

Part of the provision now blocked by Forrest include people who “were part of or substantially supported Al Qaeda, the Taliban or associated forces engaged in hostilities against the United States or its allies.” Forrest’s order does not block the detention of those participating in or helping in with the 9/11 attacks.

The defense authorization bill passed in the House last month included a provision for indefinite detention of Americans. The bill is currently being considered by the Senate.

(Related: ‘Disconcerting and dangerous’: House passes amendment that allows gov’t backed propaganda)

A recent editorial by USA Today condemning the provision reminds us of President Barack Obama stating that this measure wouldn’t be used against citizens. The counterpoint to this opinion, also in USA Today, maintains such provisions “do not alter or endanger our constitutional rights. Rep. Mac Thornberry (R-Texas) also condemns amendments by House representatives that try to modify the provision. Rep. Thornberry writes:

Proposals such as the amendment by Reps. Adam Smith, D-Wash., and Justin Amash, R-Mich., would change the framework by requiring that every terrorist, whether here legally or not, be granted the full constitutional rights of an American citizen. Granting foreign terrorists additional privileges — including the right to remain silent — would make it harder to get the timely information we need to prevent attacks. It would also mean that for the first time, we would voluntarily remove lawful options from our counterterrorism arsenal.

Even with the New York District Court weighing in on the issue and deeming it unconstitutional, other higher courts have yet to pipe up.

[H/T Wired]

Comments (66)

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  • OperationNorthwoods
    Posted on June 8, 2012 at 4:35am

    Good to see a victory for the Constitution. Hopefully the judiciary is starting to wake up.

    Report Post » OperationNorthwoods  
    • Bill Rowland
      Posted on June 8, 2012 at 5:48pm

      HOORAH – finally a judge who has read the Consitution.

      OMG Nov 6, 2012

      Report Post »  
  • stotlaat
    Posted on June 8, 2012 at 3:32am

    A grownup has entered the room! The indefinite detention is unambiguously unconstitutional. It’s nice to hear of a ruling from a judge instead of a tool : )

    Report Post »  
  • capitalismrocks
    Posted on June 7, 2012 at 11:56pm

    About Damned time !!!!!!!!!!!!!!!!!!!!!

    Its different when your picked up on the field of combat and your a foreign national actively engaging against US interests, allies and personnel but American‘s have rights and you can’t just wisk us off the streets, say you might be a terrorist and then disappear us !!!!

    I always hated the Patriot Act for this ability, there is nothing Patriotic about violating US Citizen rights.

    Report Post » capitalismrocks  
    • Jaycen
      Posted on June 8, 2012 at 1:37am

      You bet. We don’t need the Patriot Act. We don’t need the TSA.

      We need Americans who stand up when threatened, or when others are threatened, instead of sitting meekly like cows waiting to be slaughtered.

      The President already has too much power. This judge has a lot of testicular fortitude for a woman.

      Report Post » Jaycen  
  • freedomisasfreedomdoes
    Posted on June 7, 2012 at 11:47pm

    A provision that allows for the indefinite detention of Americans passed the House? What? How did that happen in a predominantly Conservative Congress that was supposed to be fully representing their constituents?

    Report Post » freedomisasfreedomdoes  
    • Abysmal
      Posted on June 8, 2012 at 5:37pm

      Indeed! And then when provided the opportunity to adopt an amendment to explicitly state that citizens could not be detained indefinitely without due process under the NDAA, Republicans voted the amendment down!

      Report Post » Abysmal  
  • BilderbergBeck12
    Posted on June 7, 2012 at 10:13pm

    Oh wait I thought the neocons said this was not real? They approved it. And oh yeah Allen West was cool with the NDAA in its most scary form. But Obama is just carrying on the same tradation started by the first Bush. The president has all the power. And now Obama can kill any American citizen anywhere in the world if that person is SUSPECTED of terrorism. What a joke. Its the west that did 911 and 7-7. False flag ops have been used in warfare forever. The US has commitied acts of terrorism to create a boogy man so they can have more war, and more crony capitalism. The anniversary of the false flag attack of the USS Liberty by the Isreali Air force and navy is coming up. AJ has interviewed saliors and pilots on both sides. If you think im pulling your leg please go to this memorial website and really read it.

    http://www.gtr5.com/

    Report Post » BilderbergBeck12  
    • soybomb315
      Posted on June 7, 2012 at 11:53pm

      just vote Romney, he will take care of it

      Report Post » soybomb315  
    • SadButTrue
      Posted on June 8, 2012 at 12:52pm

      @soybomb

      No he won’t. He’ll just spin it better and slow it down. A special thanks to ALL the people who were on board with the Patriot Act and the introduction of the TSA ‘for our safety’. I hope you got everything you wished for. We are now considerably less free than other western countries. Congrats!

      Report Post »  
  • bjornskis
    Posted on June 7, 2012 at 9:46pm

    Margret Thacher tried to break the IRA in the prisons with such laws many never saw a trial just jailed for being Irish

    Report Post »  
  • Bruce P.
    Posted on June 7, 2012 at 9:32pm

    It is good to see someone in the courts defending the Constitution. But one branch is not good enough and neither party is interested in defending it, but eroding it in favor of gaining power.

    Report Post » Bruce P.  
  • KidCharlemagne
    Posted on June 7, 2012 at 8:57pm

    America’s Founding Fathers most assuredly were an astute collection of prophets, weren’t they?:

    ————————————————————
    “Perhaps it is a universal truth that the loss of liberty at home is to be charged against provisions against danger, real or pretended from abroad.”

    -James Madison, Letter to Thomas Jefferson (May 13, 1798), Letters and Other Writings of James Madison (1865), Vol. II, p. 141

    Report Post »  
  • MCDAVE
    Posted on June 7, 2012 at 8:48pm

    They are building Fema camps ,there are fields all over the country with millions of plastic caskets stock piled…Government officials deny any knowledge of these activities..they are all lying to us..the governent is preparing for something big,I lie awake at night worrying..Who are the planning to put in all those plastic caskets?

    Report Post »  
  • Mutiny
    Posted on June 7, 2012 at 8:47pm

    I am guessing Romney people will stay away from this one.

    Report Post » Mutiny  
  • Skee
    Posted on June 7, 2012 at 8:35pm

    Unless the judge has a standing army to enforce her decision,
    I don’t think Obama and Holder give a rats behind.

    Report Post » Skee  
  • lisa2994
    Posted on June 7, 2012 at 8:22pm

    In all honest Ron Paul has told us what is going on but people just will not listen. http://www.youtube.com/watch?v=XeCpLcjxOq4&feature=related

    Report Post » lisa2994  
  • mildot rider
    Posted on June 7, 2012 at 8:21pm

    Any commie that voted for the NDAA needs to be tried for Treason. Way to go Judge!

    Report Post »  
  • progressiveslayer
    Posted on June 7, 2012 at 8:03pm

    A voice of sanity from the court, hell I even knew that law was unconstitutional and I’m no lawyer!
    The government will continue to try and expand it’s powers though and the courts will have to remain vigilant in their efforts to restrain the government.

    Report Post » progressiveslayer  
  • Jenny Lind
    Posted on June 7, 2012 at 7:45pm

    Yeaaaaaaaaaah, one for the people. Congrats, judge, you have courage and the knowledge the constitution still exists. Take that, Washington!

    Report Post »  
  • KidCharlemagne
    Posted on June 7, 2012 at 7:23pm

    I can think of at least 1 person right off the bat that this decision will be extremely disappointing to:

    ——————————————————
    “Allen West Argues Against Amendment to Ban Indefinite Detention of People Arrested on American Soil

    By Rich Abdill Fri.
    May 18 2012 at 10:06 AM

    The Smith-Amash Amendment discussed Thursday night would specifically ban that from happening, changing the law to say instead that anyone arrested in the U.S. under NDAA would receive due process in civilian court.

    At 12:10 a.m. on May 18, Congressman Allen West took the floor in the House of Representatives and said the amendment should be shot down.

    Though West said at the beginning of the year that the NDAA did not allow for indefinite detention of Americans, today he suggested that it did — and that it was necessary.

    He said “we’re all on this battlefield” in the war on terror, and that he was opposed to extending constitutional protections to anyone accused of terrorism charges.

    “I rise in opposition to this amendment,” West said. “We cannot look to guarantee to those who would seek to harm us the constitutional rights that are granted to Americans.”
    http://blogs.browardpalmbeach.com/pulp/2012/05/allen_west_indefinite_detention_ndaa.php

    Report Post »  
    • SadButTrue
      Posted on June 8, 2012 at 12:46pm

      That’s really disappointing. I was a supporter of Allen West, but not after this. Sounds like one of the Bushs. Shame on him, this is INDEFENSABLE.

      Report Post »  
  • nighttrainno9
    Posted on June 7, 2012 at 7:22pm

    As far as the NDAA goes, the govt. will use it against Americans that
    back the constitution. I all can say is, ” when and if they come for you
    take as many out as you can” unless of course you relish living
    in a FEMA concentration camp and never seeing the light of day
    again. I just read the 326 page DOJ interment and reeducation
    book they provided to the powers that be. NOT ME, better dead
    than red.

    Report Post »  
  • rickc34
    Posted on June 7, 2012 at 7:05pm

    Try the then die them. All enemies of this country death penalty . Left wingers have no problem aborting an innocent baby why they have such a hard time aborting these wackos? Out of womb abortion.

    Report Post »  
  • SickandTiredAmerican
    Posted on June 7, 2012 at 6:42pm

    Why is it so hard for people to understand that only American citizens have protection under the Constitution. If someone is here illigally, they do not. They are criminalss and there are laws on the books to deal with those people.

    According to the Constitution, the government may not detain a citizen indefinitely, regardless of the crime. I look forward to more rulings like this one.

    Report Post » SickandTiredAmerican  
  • FreedomPurveyor
    Posted on June 7, 2012 at 6:25pm

    I predict that 90% of the people who click on this story will be Ron Paul supporters

    Report Post » FreedomPurveyor  
    • Captain77
      Posted on June 7, 2012 at 6:32pm

      And how many people here know that Romney stated his support for that portion of the NDAA2012 in one of the debates? Yep, and that is who the establishment want for their presidential candidate.

      Report Post »  
    • Zcat
      Posted on June 7, 2012 at 7:07pm

      I just proved you false!

      Report Post »  
    • FreedomPurveyor
      Posted on June 7, 2012 at 7:14pm

      “I just proved you false!”

      I think you’re the only one to comment so far who is not a Paul supporter.

      Report Post » FreedomPurveyor  
    • MCDAVE
      Posted on June 8, 2012 at 1:25am

      Ron Paul supporter..Tea party too

      Report Post »  
  • AUsername
    Posted on June 7, 2012 at 6:17pm

    Good work judge we need more people like that.

    Report Post » AUsername  
  • Snowleopard {gallery of cat folks}
    Posted on June 7, 2012 at 5:57pm

    Good to see a justice make a stand for the people and the rights we have in the Constitution; now the main matter is that when the time comes, Obama will simply ignore it and crash down on his opponents hard.

    Report Post » Snowleopard {gallery of cat folks}  
    • brother_ed
      Posted on June 7, 2012 at 6:17pm

      @SNOWLEOPARD {GALLERY OF CAT FOLKS}

      Wouldn’t it be great if everything this administration has passed was overturned.

      Not surprising, mind you. Just great!!

      That would be a legacy worthy of Mr Obama.

      Report Post » brother_ed  
    • Dougral Supports Israel
      Posted on June 7, 2012 at 6:32pm

      I agree, if Obama wants to detain citizens indefinitely, he will probably do so and fly in the face of the courts. At that point whether it stuck would depend on the willingness of the military to follow that order. the willingness of Congress to impeach Obama, and the willingness of the American public to stand up against tyranny.

      Report Post »  
    • Restored One
      Posted on June 7, 2012 at 7:33pm

      I say that the first persons to be indefinately detained for domestic terrorism and treason are Obama and Holder!

      Report Post »  
  • Joe Bonham
    Posted on June 7, 2012 at 5:55pm

    Great victory for the Constitution. About damn time.

    Report Post »  
    • Fubared
      Posted on June 7, 2012 at 6:09pm

      @ 5:55 p.m. on 6/7/12 Joe Bonham said something decent.

      Report Post »  
    • copatriots
      Posted on June 7, 2012 at 6:21pm

      Next victory for the Constitution……SCOTUS overturning Obamacare.

      Report Post »  
    • Joe Bonham
      Posted on June 7, 2012 at 7:24pm

      5 bucks says you don’t know what Obamacare is.

      Report Post »  
    • Dougral Supports Israel
      Posted on June 7, 2012 at 9:03pm

      “5 bucks says you don’t know what Obamacare is”

      50 bucks says most of the people who voted for it don’t know what it is either. I’ll give you a clue, it will be what government says it is and do what they want it to do. Most of us regular folk will not know what it truly is until its too late.

      Report Post »  
    • copatriots
      Posted on June 7, 2012 at 9:21pm

      500 bucks (that I can afford and you can’t) says without a computer for you to wikipedia your answers that I know more about it than you do.

      Report Post »  
  • justangry
    Posted on June 7, 2012 at 5:48pm

    I don’t know why it has to go to the court. Everyone knows it’s unconstitutional even the DIRTBAGS who voted for it.

    Report Post » justangry  
    • soybomb315
      Posted on June 7, 2012 at 6:11pm

      its definately is against the constitution. I would love to see a poll – i bet more democrat voters are against this than republicans…And republicans are supposed to be more in tune with the constitution

      Report Post » soybomb315  
    • freedom_gurl35
      Posted on June 7, 2012 at 6:38pm

      That’s what makes this Republic so awesome: checks and balances. Thank heavens there are some judges out there who aren’t afraid to smack down the President and Congress over their total disregard of the Constitution.

      Report Post » freedom_gurl35  
    • justangry
      Posted on June 7, 2012 at 6:53pm

      I hope it will be upheld. BTW, would either Obama or Romney appoint a justice to the Supreme Court that didn‘t share their warped idea of what’s constitutional?

      Report Post » justangry  
  • soybomb315
    Posted on June 7, 2012 at 5:44pm

    Glad to see some in the judicial system see the crime in this….Too bad the republican party does not

    Report Post » soybomb315  
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