Federal Appeals Court Restores US Government’s Indefinite Detention Power Previously Blocked by Judge

By: Wednesday July 17, 2013 3:29 pm

A court order enjoining the United State government from using a provision of the 2012 National Defense Authorization Act has been overturned by a federal appeals court. The injunction issued by Judge Katherine B. Forrest was against Section 1021. That section authorized the President to “use all necessary and appropriate force pursuant to the Authorization [...]

In NDAA Lawsuit, Government Claims It Has ‘Decade of Experience’ & Hasn’t Detained Any US Citizens

By: Wednesday February 6, 2013 3:54 pm

Argument in the government’s appeal against the provision of the 2012 National Defense Authorization Act (NDAA), which grants the military the authority to indefinitely detain US citizens, took place this morning at the Second Circuit United States Court of Appeals. The lawsuit was filed in 2012 by a group of journalists and activists that includes [...]

In Lawsuit, GOP Senators Want to Help Obama Administration Preserve Military Indefinite Detention Powers

By: Thursday December 27, 2012 10:36 am

Senators from the Republican Party have asked a federal appeals court to permit them to participate in oral argument in a lawsuit against the indefinite detention provision of the 2012 National Defense Authorization Act (NDAA).  Through their lawyers, according to Josh Gerstein of POLITICO, they filed a motion requesting ten minutes to give a presentation on [...]

Indefinite Military Detention Powers and the Death of the Feinstein Amendment

By: Wednesday December 19, 2012 6:16 pm

Lawyers involved in bringing a lawsuit against an indefinite detention provision in the 2012 National Defense Authorization Act (NDAA) have expressed outrage over a Congressional conference committee decision to remove an amendment offered by Sen. Dianne Feinstein that she thought would ban the indefinite detention of US citizens. Michael B. Kelley for Business Insider reports [...]

The 2013 NDAA & Obama’s Expansion of Indefinite Military Detention Powers

By: Tuesday December 18, 2012 12:05 pm

UPDATE – 9:10 PM EST Josh Gerstein of POLITICO reports the Feinstein Amendment has been dropped: Senate Armed Services Committee Chairman Carl Levin (D-Mich.) announced the removal of Sen. Dianne Feinstein’s indefinite detention amendment Tuesday afternoon as he described the results of a House-Senate conference on the 2013 National Defense Authorization Act. “The language of the [...]

Feinstein Amendment Further Entrenches Power of Military Indefinite Detention

By: Tuesday December 4, 2012 6:14 pm

Sen. Dianne Feinstein has put forward a flawed and dangerous amendment to the National Defense Authorization Act of 2013. It passed on Thursday and purportedly aimed to prevent United States citizens from being detained indefinitely by the military. What it did was further entrench the power of military indefinite detention and make it more likely [...]

Court Stays Permanent Injunction Against Indefinite Detention Provision

By: Tuesday October 2, 2012 7:16 pm

(update below) A three-judge motions panel of the US Court of Appeals for the 2nd Circuit issued a permanent stay against a permanent injunction a federal judge had issued to block a provision of the 2012 National Defense Authorization Act (NDAA), signed last year, which granted the military the power to indefinitely detain people suspected [...]

Government’s Request for Stay in NDAA Lawsuit Shows Smug Arrogance of Executive Power

By: Tuesday September 18, 2012 12:57 pm

A federal appeals court judge granted the government a stay against a federal judge’s ruling permanently enjoining a provision of the National Defense Authorization Act (NDAA), which passed last year and granted the military the legal authority to indefinitely detain persons. Lawyers from the Justice Department under Obama argued they needed an emergency stay because [...]

Unmoved by Ruling, Obama Appeals Permanent Injunction Against Indefinite Detention Provision in NDAA (VIDEO)

By: Thursday September 13, 2012 8:32 pm

“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 [...]

Permanent Injunction Against Indefinite Military Detention in NDAA Issued by Federal Judge

By: Thursday September 13, 2012 10:16 am

UPDATE: Less than twenty-four hours later, as expected, Obama Justice Department files appeal to federal judge’s ruling. Original Post A federal judge issued a ruling on September 12 that permanently enjoined a provision of the National Defense Authorization Act (NDAA) that was signed by President Barack Obama codifying indefinite military detention into United State law [...]

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