Boing Boing Staging

Judge suspends US law that provided for indefinite detention without trial


U.S. District Judge Katherine Forrest has issued a preliminary injunction against the clause in the National Defense Authorization Act that gave the administration the power to arrest people and hold them indefinitely, without a trial, if they were believed to support terrorism. She dismissed the government’s arguments in support of the clause (NDAA §1021), which were just a rephrasing of Obama’s bullshit, georgebushian signing statement, which consisted of “Nothing to see here” and “I’m a good guy, don’t worry about it.”

“This court is acutely aware that preliminarily enjoining an act of Congress must be done with great caution,” she wrote. “However, it is the responsibility of our judicial system to protect the public from acts of Congress which infringe upon constitutional rights. As set forth above, this court has found that plaintiffs have shown a likelihood of success on the merits regarding their constitutional claim and it therefore has a responsibility to insure that the public’s constitutional rights are protected.”

In a phone conference, the plaintiffs’ attorneys Bruce Afran and Carl Mayer hailed what they called a “complete victory.” “America is more free today than it was yesterday due to the courageous and righteous and very sound ruling by Judge Forrest,” Mayer said. “I think this is a hugely significant development… I think it’s also a testament to the courage of the plaintiffs here.”

One of those plaintiffs, O’Brien, was also jubilant in a separate interview.

“I am extremely happy right now, and what I’m most happy about it is that this ruling has given me trust,” O’Brien said, “Trust is the foundation of just and stable governments, and this ruling gives me hope that we can restore trust in the foundations of government.”

Judge Blocks Controversial NDAA

(via Reddit)

(Image: NDAA (National Defense Authorization Act), a Creative Commons Attribution (2.0) image from worldcantwait’s photostream)

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