“The president strongly believes that to detain American citizens in military custody infinitely without trial, would be a break with our traditions and values as a nation, and wants to make sure that any type of authorization coming from congress, complies with our Constitution, our rules of war and any applicable laws.”

Those were the words of senior Obama administration officials when President Barack Obama signed the National Defense Authorization Act, which included a provision authorizing the military to indefinitely detain citizens suspected of being “associated forces” of al Qaeda and affiliated groups or providing “direct” or “substantial” support to al Qaeda or affiliated groups, into law. Yet less than twenty-four hours after federal judge and Obama appointee Katherine B. Forrest issued a permanent injunction against the provision, the administration has already had its lawyers file an appeal to the ruling.

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.

On the appeal I said this just shows that this administration believes government should have the tool of preventive and/or indefinite military detention in its arsenal. It also shows how the administration does not want to let a member of the Judicial Branch check the power of the Executive Branch. It wants unconstrained power to carry out the “war on terrorism” however it pleases, regardless of whether it sets precedents that infringe upon the rights or liberties of the people.


After my appearance, founder of Revolution Truth and one of the plaintiffs who originally brought the lawsuit, Tangerine Bolen, was on to talk about the case. She eloquently stated: “It’s significant for all of us and actually anyone on this planet because no one anywhere at this point can be indefinitely detained on the NDAA.”

Bolen said the lawsuit is headed to the Second Circuit now, which very likely means the lawsuit is headed for the Supreme Court. She also said she has faith in “the power of people of America to come forward and restore justice and due process and our fundamental rights.” She hopes the next judge who hears the lawsuit will take Forrest’s ruling seriously.