"Judge Katherine B. Forrest should go down in history as having pulled this Republic away from the abyss of Hell." ~ Naomi Wolf
US District Judge Katherine Forrest has issued a temporary injunction prohibiting the enforcement of the portions of the National Defense Authorization Act 2012 (NDAA) that relate to open-ended military detention of “suspects,” rejecting the Obama Administration’s arguments that the eight plaintiffs in the case, including Noam Chomsky and Daniel Ellsberg, did not have standing to contest such detention practices.
Judge Forrest ruled that Chomsky, Ellsberg and the others had “reasonable” reason to believe that the NDAA could be used to have them captured and transferred into military custody by virtue of their antiwar stances and opposition to the administration’s policies. She also ruled that the NDAA’s standards were too vague and overly broad compared to the 2001 Authorization of the Use of Military Force, which restricted such detentions purely to those directly involved in planning or carrying out 9/11.
Forrest went on to say that the NDAA likely violated both the First and Fifth Amendments, in that it prohibited certain types of freedom of association and denies captives any due process in US courts, and said that the law had already done concrete damage to the abilities of the plaintiffs to do their jobs. http://bit.ly/LX0fUG
A federal district judge today, the newly-appointed Katherine Forrest of the Southern District of New York, issued an amazing ruling: one which preliminarily enjoins enforcement of the highly controversial indefinite provisions of the National Defense Authorization Act, enacted by Congress and signed into law by President Obama last December. This afternoon’s ruling came as part of a lawsuit brought by seven dissident plaintiffs — including Chris Hedges, Dan Ellsberg, Noam Chomsky, and Birgitta Jonsdottir — alleging that the NDAA violates ”both their free speech and associational rights guaranteed by the First Amendment as well as due process rights guaranteed by the Fifth Amendment of the United States Constitution.”
The ruling was a sweeping victory for the plaintiffs, as it rejected each of the Obama DOJ’s three arguments: (1) because none of the plaintiffs has yet been indefinitely detained, they lack “standing” to challenge the statute; (2) even if they have standing, the lack of imminent enforcement against them renders injunctive relief unnecessary; and (3) the NDAA creates no new detention powers beyond what the 2001 AUMF already provides. http://bit.ly/JjevKj
Here is the actual opinion, so lucid and beautiful it will make you cry: http://bit.ly/KTJutW ~ Naomi Wolf
Here is Judge Forrest's email address! PLEASE, I beg you -- write her emails/letters to thank her for standing up for the Constitution today. It really matters. She is going to get a lot of pushback in the days ahead and she needs to know she has support....plus it is the right thing to do. A thank you note for a wonderful party for Lady Liberty: http://www.nysd.uscourts.gov/judge/Forrest
~ Naomi Wolf
Our struggle is far from over. Please contact your Representatives and let them know how you feel about the Indefinite Detention clauses of the NDAA!
House of Representatives: http://house.gov/representatives/