Federal Court: OK With Indefinite Detention of American Citizens.
Late last Tuesday a three-judge motions panel of the U.S. Court of Appeals for the 2nd Circuit sided with the Obama administration and extended the stay that New York federal judge Raymond Lohier granted to block a previous ruling to permanently block Section 1021 of the National Defense Authorization Act (NDAA).
Last month District Judge Katherine Forrest permanently blocked the section claiming that “First Amendment rights have already been harmed and will be harmed by the prospect of (the law) being enforced.”
“We conclude that the public interest weighs in favor of granting the government’s motion for a stay,” Appeals Court Judges Denny Chin, Raymond Lohier and Christopher Droney wrote in a three-page order that also expedited the appeal. Each judge was appointed to the appeals court by Barack Obama.
‘based on their stated activities,’ plaintiffs, ‘journalists and activists[,] . . . are in no danger whatsoever of ever being captured and detained by the U.S. military.’ Second, on its face, the statute does not affect the existing rights of United States citizens or other individuals arrested in the United States. See NDAA § 1021(e) (‘Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.’). Third, the language of the district court’s injunction appears to go beyond NDAA § 1021 itself and to limit the government’s authority under the Authorization for Use of Military Force…
Steve Watson reports,
Critics have argued that the provisions also violate the Fifth Amendment, which specifically mentions due process of law, and the “equal protection” clause of the 14th Amendment which states that all people be treated the same under the law. “This law can be used by authorities to detain (forever) anyone the government considers a threat to national security and stability – potentially even demonstrators and protesters exercising their rights
Critics say the measure exposes journalists and human rights activists who meet with alleged terrorists to the prospect of open-ended detention.”
So it appears that Obama not only signed the law, but also has put in place his people at the appeals level to ensure it stays in place and sadly, whether it is Obama in office or Mitt Romney, both have affirmed that they think it is perfectly fine to declare U.S. citizens to be terrorists and hold them indefinitely without due process.
Whitehead went on to state that some 20,000 people are committed annually in Virgina alone! “That means a lot of people are disappearing under the pretext of mental illness.”
Circuit Court Judge Allan Sharrett, the judge dismissed the government’s case against Brandon Raub, the Marine who was arrested by local police and FBI agents, detained in a psychiatric ward and forced to undergo psychological evaluations based solely on the controversial nature of lines from song lyrics, political messages and virtual card games which he posted to his private Facebook page. The petition “is so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy.”
FBI agents arrived at Raub’s home, asking to speak with him about his Facebook posts. They did not provide Raub with a search warrant. Raub was cooperative and agreed to speak with them. Without providing any explanation, levying any charges against Raub or reading him his rights, law enforcement officials then handcuffed Raub and transported him first to the police headquarters, then to John Randolph Medical Center, where he was held against his will due to alleged concerns that his Facebook posts were “terrorist in nature.”
HERE WE GO FOLKS
Sources—tim brown, waton, steve