Obama Wins Back The Right To Indefinitely Detain Under NDAA

July 18, 2013





By Christopher Twarowski
The U.S. Second Circuit Court of Appeals sided with the government Wednesday in vacating a permanent injunction sought by several prominent journalists and activists barring the enforcement of a provision of the 2012 National Defense Authorization Act (NDAA), which they claim, legalizes the of American citizens on U.S. soil.
In a 60-page decision, the court ruled against such an injunction—which had previously been granted, and the provision, Section 1021, ruled unconstitutional by a federal judge—additionally arguing that the case’s plaintiffs, which include Pulitzer Prize-winning journalist Chris Hedges, Pentagon Papers whistleblower Daniel Ellsberg and renowned linguist Noam Chomsky, among four others (collectively nicknamed “The Magnificent Seven”), do not have standing.
“We conclude that plaintiffs lack standing to seek preenforcement review of Section 1021 and vacate the permanent injunction,” reads Wednesday’s decision. “The American citizen plaintiffs lack standing because Section 1021 says nothing at all about the President’s authority to detain American citizens. And while Section 1021 does have a real bearing on those who are neither citizens nor lawful resident aliens and who are apprehended abroad, the non-citizen plaintiffs also have failed to establish standing because they have not shown a sufficient threat that the government will detain them under Section 1021. Accordingly, we do not address the merits of plaintiffs’ constitutional claims.
Obama Wins Back The Right To Indefinitely Detain Under NDAA [continued]
Hedges v. Obama NDAA decision

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