The Arab American News, Thursday, 05.23.2013, 02:04pm
  Home
  FAQ
  RSS
  Links
  Site Map
  Contact
  النسخة العربية
Organizers cancel the 2013 Arab International Festival  Organ eating, execution videos raise concern over support for Syria’s rebels As scandals mount, White House springs into damage control Abe Foxman rationalizes blanket spying on American Muslims Nakba: 65 years later, and we’re winning
::| Keyword:       [Advance Search]

All News  
  Community News
  Arab World
  World
  U.S.A
 » Commentaries
  Elections
  Opinions
  Art & Culture
  Crime
  Sahtak
 
U.S.A
 
Federal judge bans Obama from indefinitely detaining Americans
Friday, 06.08.2012, 02:45am
NEW YORK — A U.S. Federal judge has clarified a decision made last month confirming that the White House cannot use the National Defense Authorization Act (NDAA) to indefinitely detain American citizens.

Judge Katherine B. Forrest has answered a request made by President Barack Obama last month to more carefully explain a May 16 ruling made in a Southern District of New York courtroom regarding the National Defense Authorization Act. Clarifying the meaning behind her injunction, Judge Forrest confirms in an eight-page memorandum opinion this week that the NDAA's controversial provision that permits  indefinite detention cannot be used on any of America's own citizens.

Last month Judge Forrest ruled in favor of a group of journalists and activists who filed a suit challenging the constitutionality of Section 1021 of the NDAA, a defense spending bill signed into law by President Obama on New Year's Eve. Specifically, Judge Forrest said in her injunction that the legislation contained elements that had a "chilling impact on First Amendment rights" and ruled that no, the government cannot imprison Americans over suspected ties with terrorists.

"In the face of what could be indeterminate military detention, due process requires more," said the judge.

The Obama administration responded nine days later by asking Judge Forrest to reconsider her ruling, adding that, in the interim, the government would interpret the injunction to mean that only the few plaintiffs listed on the lawsuit would be excluded from indefinite detention. One of those named, journalist Chris Hedges, had previously said, “I have had dinner more times than I can count with people whom this country brands as terrorists … but that does not make me one.”

Responding to the White House's demands, Judge Forrest writes in a June 6 memo, "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. This order should eliminate any doubt as to the May 16 order's scope.”

Judge Forrest does include in her ruling, however, that Americans can be indefinitely detained, but only providing that the government can link suspects directly to the September 11 terrorist attacks. 



Related Articles:
» Charles Schoder works to strengthen Arab American outreach through MDCR
» Obama to support Internet wiretapping program
» Concert promoter sues Justice Department, demands removal from ‘No-Fly List’
» Lebanese American party promoter placed on No-Fly List, contemplates legal action
» Poll: Americans more concerned about civil liberties in wake of Boston bombing


Other Articles:
List of words released that the government monitors on social media sites (06.07.2012)
Arizona State University students divest from Israel (06.07.2012)
U.S. hawks push for arming Syrian rebels (06.01.2012)
Minority Report: White births no longer majority in the U.S. (05.26.2012)
Veterans symbolically discard service medals at anti-NATO rally (05.25.2012)
::| Hot News
As scandals mount, White House springs into damage control
Abe Foxman rationalizes blanket spying on American Muslims
Stephen Hawking joins academic boycott of Israel
FBI releases photos of two suspects in Boston bombings
U.S. immigration reforms prioritize labor over families
UC-Berkeley passes Israeli divestment bill
White House boosts support for Syrian opposition as Congress pushes for military intervention
Obama’s retreat to Neocon strategies
Obama’s one-sided embrace of Israel angers Palestinians 
Obama reveals secrets of upcoming Middle East visit 

   
[Top Page]