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US attorneys refuse to assure judge that they are not already detaining citizens under NDAA

 
WindyMind
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08/11/2012 09:51 PM
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US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
[link to dailycloudt.com]


US Attorneys Refuse to Assure Judge That They Are Not Already Detaining Citizens Under NDAA

The US government seems determined to have the power to do away with due process and Americans’ right to a trial.
I am one of the lead plaintiffs in the civil lawsuit against the National Defense Authorization Act, which gives the President the power to hold any US citizen anywhere for as long as he wants, without charge or trial. In May, following a March hearing, Judge Katherine Forrest issued an injunction against it; this week, in a final hearing in New York City, US government lawyers essentially asserted even more extreme powers – the power to entirely disregard the Judge and the law. Indeed, on Monday, August 6, Obama’s lawyers filed an appeal to the injunction – a profoundly important development that as of this writing has been scarcely reported

Last Edited by WindyMind on 08/22/2012 09:50 PM
WindyMind  (OP)

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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
It's a good article.

Last Edited by WindyMind on 08/22/2012 09:34 PM
WindyMind  (OP)

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08/11/2012 10:07 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
We didn't have a perfect legal system but it was the best one in the world.
WindyMind  (OP)

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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
cleared.

Last Edited by WindyMind on 08/22/2012 09:38 PM
WindyMind  (OP)

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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
clear

Last Edited by WindyMind on 08/22/2012 09:38 PM
Anonymous Coward
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08/11/2012 10:15 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
gaah
WindyMind  (OP)

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08/11/2012 10:18 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
clear

Last Edited by WindyMind on 08/22/2012 09:40 PM
Anonymous Coward
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08/11/2012 10:21 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
Well, I am going to be very nice to him and hope he will like me so he doesn't get me.
 Quoting: WindyMind



The Answer Alex:
"What a Jew might say about Hitler."
Anonymous Coward
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08/11/2012 10:28 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
No one but no one is above the law, period. This man was sworn in to uphold the Constitution of the United States so therefore he is obligated to adhere to it. Power corrupts; absolute power corrupts absolutely...

SmileyWink
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08/11/2012 10:29 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
Sounds like its time to start taking lawyers out....
WindyMind  (OP)

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08/11/2012 10:36 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
[link to www.westernjournalism.com]

“I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens,” wrote Obama. “My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law.” This of course was an outright lie, given the expressed meaning of the statute as Obama himself had demanded it be written. Leave it to Barack Obama to demand he be given absolute authority over the American public, yet claim in the next moment that he will not take advantage of it!
The Department of Justice, which defended the NDAA before Judge Forrest, will undoubtedly appeal her ruling. It is a judicial process Americans must watch closely as the free exercise of our Constitutional rights depends upon the outcome.
WindyMind  (OP)

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08/11/2012 10:49 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
Thanks for the pin
WindyMind  (OP)

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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
To this, Judge Forrest responded that if the provision has indeed been applied, the United States government itself will be in contempt of court. Government attorneys also, in this hearing, again presented no evidence to support their position -- and brought forth no witnesses.
Anonymous Coward
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08/11/2012 11:06 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
bump
Anonymous Coward
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08/11/2012 11:09 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
VERY interesting find OP. You know...I was JUST thinking about the fact that a LOT of regulars seem to be mising from GLP! Connection? The site population does seem to have lowered.
WindyMind  (OP)

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08/11/2012 11:22 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
clear

Last Edited by WindyMind on 08/22/2012 09:43 PM
Anonymous Coward
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08/11/2012 11:33 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
To this, Judge Forrest responded that if the provision has indeed been applied, the United States government itself will be in contempt of court. Government attorneys also, in this hearing, again presented no evidence to support their position -- and brought forth no witnesses.
 Quoting: WindyMind


lol is that even possible?
WindyMind  (OP)

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08/11/2012 11:34 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
To this, Judge Forrest responded that if the provision has indeed been applied, the United States government itself will be in contempt of court. Government attorneys also, in this hearing, again presented no evidence to support their position -- and brought forth no witnesses.
 Quoting: WindyMind


lol is that even possible?
 Quoting: Anonymous Coward 16658215


Sounds like there is a fight.
warriorsbond

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08/11/2012 11:41 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
[link to www.westernjournalism.com]

“I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens,” wrote Obama. “My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law.” This of course was an outright lie, given the expressed meaning of the statute as Obama himself had demanded it be written. Leave it to Barack Obama to demand he be given absolute authority over the American public, yet claim in the next moment that he will not take advantage of it!
The Department of Justice, which defended the NDAA before Judge Forrest, will undoubtedly appeal her ruling. It is a judicial process Americans must watch closely as the free exercise of our Constitutional rights depends upon the outcome.
 Quoting: WindyMind


ya but further down the bill they put in a new provision. if you are against your country they take away your citizenship. then bam its legal cause you are no longer a citizen or what ever to appease this part of the law.
craftybiatchytwo

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08/11/2012 11:45 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
Maybe Putin could liberate you ?
WindyMind  (OP)

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08/11/2012 11:46 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
I’ve been surprised to find that most people, when I mention that I am suing my president, Leon Panetta, and six members of Congress (four Democrats and four Republicans), thank me – even before I explain what I’m suing them over! And when I do explain the fact that I and my seven co-plaintiffs are suing over a law that suspends due process, threatens first amendment rights and takes away the basic right of every citizen on this planet to not be indefinitely detained without charge or trial, their exuberance shifts, and a deeper gratitude shines through their newly somber demeanors. But this fight has taken a personal toll on many of us, including myself. This winter, as I led the campaign to amend this lawsuit and was working over 80 hours per week to get everything ready, I suddenly ended up in the emergency room, and have subsequently endured six months of a debilitating neurological illness. Thus, I have relied on an international team of volunteers, whose courage and energy has led them successfully to garner support for a lawsuit that is an attempt to restore our most fundamental of liberties.

Last Edited by WindyMind on 08/22/2012 09:43 PM
WindyMind  (OP)

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08/11/2012 11:58 PM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
clear

Last Edited by WindyMind on 08/22/2012 09:44 PM
FireSpirit

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08/12/2012 12:04 AM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
The NDAA is an atrocity to checks and balances, it's an atrocity to democracy, it's an atrocity to everything it means to be American.

Any questions?

My question is who is the "man behind the curtain" metaphorically in this situation. Sure, we know that ALEC had a lot to do with writing this crappy legislation... but why ALEC? Corporations demanded it... why?

What are the interests of these corporations? Who is pulling the money strings?

Where did this NDAA come from and why is the government (and people in government who purportedly believe in freedoms like the 4th and 5th Amendments...) supporting it?

Why? What? Huh?
Celebrate the God Among Us
~FireSpirit
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08/12/2012 12:11 AM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
No one but no one is above the law, period. This man was sworn in to uphold the Constitution of the United States so therefore he is obligated to adhere to it. Power corrupts; absolute power corrupts absolutely...

SmileyWink
 Quoting: DC68


Notice how the Communist puke couldn't even take the oath without screwing up.
Anonymous Coward
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08/12/2012 12:27 AM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
[link to www.westernjournalism.com]

“I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens,” wrote Obama. “My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law.” This of course was an outright lie, given the expressed meaning of the statute as Obama himself had demanded it be written. Leave it to Barack Obama to demand he be given absolute authority over the American public, yet claim in the next moment that he will not take advantage of it!
The Department of Justice, which defended the NDAA before Judge Forrest, will undoubtedly appeal her ruling. It is a judicial process Americans must watch closely as the free exercise of our Constitutional rights depends upon the outcome.
 Quoting: WindyMind


ya but further down the bill they put in a new provision. if you are against your country they take away your citizenship. then bam its legal cause you are no longer a citizen or what ever to appease this part of the law.
 Quoting: warriorsbond


Being miffed at your government and being against the country are two different things.
Anonymous Coward
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08/12/2012 12:53 AM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
[link to www.westernjournalism.com]

“I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens,” wrote Obama. “My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law.” This of course was an outright lie, given the expressed meaning of the statute as Obama himself had demanded it be written. Leave it to Barack Obama to demand he be given absolute authority over the American public, yet claim in the next moment that he will not take advantage of it!
The Department of Justice, which defended the NDAA before Judge Forrest, will undoubtedly appeal her ruling. It is a judicial process Americans must watch closely as the free exercise of our Constitutional rights depends upon the outcome.
 Quoting: WindyMind


ya but further down the bill they put in a new provision. if you are against your country they take away your citizenship. then bam its legal cause you are no longer a citizen or what ever to appease this part of the law.
 Quoting: warriorsbond


Bullshit, you are STILL a citizen of your State. It will become necessary for states to assert the right and responsibility to protect its' citizens Constitutional rights. There are bills in the Texas senate that are pre-emptively dealing with this, giving local sheriffs, State Troopers (Department of Public Safety) and the Texas Rangers broad authority to protect the rights of all Texas citizens. One provision prevents the removal of any Texas citizen from the state of Texas without the express written consent of the Governor of Texas. The people of Texas see the handwriting on the wall and are doing their best to get ahead of this. There are also studies that have looked at Texas using alternative currency. The only thing I can think of where that might happen is a full-blown Secession. Look up the studies of "what-ifs", if Texas reverted to a Republic. We would be fine. Texas sends almost twice the amount of tax revenue to Washington as we recieve in return in total federal dollars. And roughly 15 percent of the U.S. military are Texans. I guess they would have a choice to make if that happened.
w00sh

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08/12/2012 12:55 AM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
Does anyone have a link to the text of the NDAA itself? Thanks!
Anonymous Coward
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08/12/2012 01:23 AM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
An executive that's overruled the judiciary and due process is a rogue entity that's broken consitutional law and is therefore acting as a law unto itself. Such behaviour is sufficient to undermine the whole constitutional basis of America's existence as a nation, and possibly puts the US on the slippery slope to civil war and the end of the US as we know it. Such unconsitutional behaviour may result in the US being broken up into a loose federation of four or five major sub-regions of states, with a rotating presidency of three or four people, each elected from the state based sub-regions of the new American federation. This would be an extreme devolution of power away from the centre and back to a sub-grouping of different states, would run counter to the natural centrist tendancies of the US federal executive, judicial and legislative wings of government, and would radically redefine the process of federalism in the US. Hopefully it won't come to this although it seems the executive can't help itself.
WindyMind  (OP)

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08/12/2012 01:28 AM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
An executive that's overruled the judiciary and due process is a rogue entity that's broken consitutional law and is therefore acting as a law unto itself. Such behaviour is sufficient to undermine the whole constitutional basis of America's existence as a nation, and possibly puts the US on the slippery slope to civil war and the end of the US as we know it. Such unconsitutional behaviour may result in the US being broken up into a loose federation of four or five major sub-regions of states, with a rotating presidency of three or four people, each elected from the state based sub-regions of the new American federation. This would be an extreme devolution of power away from the centre and back to a sub-grouping of different states, would run counter to the natural centrist tendancies of the US federal executive, judicial and legislative wings of government, and would radically redefine the process of federalism in the US. Hopefully it won't come to this although it seems the executive can't help itself.
 Quoting: Anonymous Coward 21750891


So it looks bad from Australia?
MuayThai

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08/12/2012 01:32 AM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
Just admit it people, most are already living on their knees out of fear. You stand up and you're gonna be identified and dealt with. No one is going to sink their own boat these days, go along to get along.

Just my observations from a distance of course.
Anonymous Coward
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08/12/2012 01:41 AM
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Re: US attorneys refuse to assure judge that they are not already detaining citizens under NDAA
I hope they try to detain me.





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