(Reuters) - A federal judge made permanent on Wednesday her order blocking enforcement of a U.S. law's provision that authorizes military detention for people deemed to have "substantially supported" al Qaeda, the Taliban or "associated forces."
U.S. District Judge Katherine Forrest in Manhattan had ruled in May in favor of non-profit groups and reporters whose work relates to conflicts in the Middle East and who said they feared being detained under a section of the law, signed by President Barack Obama in December.
Wednesday's 112-page opinion turns the temporary injunction of May into a permanent injunction. The United States appealed on August 6.
The permanent injunction prevents the U.S. government from enforcing a portion of Section 1021 of the National Defense Authorization Act's "Homeland Battlefield" provisions.
This injunction effectively de-fangs the concept of the US Government playing "we'll detain but never charge, try or convict you" games with US citizens. With this section barred from use the government must now adhere to Due Process of Law, one of the founding principles of our nation.
The real question that stands before us, however, is not that a judge managed to read The Constitution and actually comprehend it, or was willing to speak truth to power.
It is that both sides of the aisle voted for and passed this outrage in the first place, and we the people now need to take a stand on whether we will allow this outrage to stand in the upcoming elections.
My bet is that we will, but we most-certainly should not.
The simple fact of the matter is that Habeas Corpus was in fact one of the issues that led to the American Revolution. Back in the 1770s colonists were often held without charges and without any opportunity to confront accusers, either in person or in the form of the alleged evidence against them. This barbarism was in no small part the reason that our forefathers took arms and ejected the British from what is now America, and wrote into the Constitution its protection.
Both Lincoln and Bush suspended that right. Neither had the Constitutional authority to do so, for the Constitution does not confer rights, it only recognizes them. By definition a right cannot be bestowed as it is an inherent thing -- something that can be bestowed is not a right at all, but rather a privilege and thus is subject to revocation by the entity that granted it.
We have forgotten our heritage and how this nation came to be.
Fortunately, there is at least one Judge that remembers.
The question for our military members and for we, as as citizens, is this: Do you remember?
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And what the judge will do ifwhen Obama doesn't listen?
FIFY!!!!
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A lawyer with a briefcase can steal more than a thousand men with guns. --Mario Puzo
It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning. -- Henry Ford
Ktrosper
Posts: 1498
Incept: 2010-04-06
ft collins co
Gen wrote..
...Constitution does not confer rights, it only recognizes them. By definition a right cannot be bestowed as it is an inherent thing -- something that can be bestowed is not a right at all, but rather a privilege and thus is subject to revocation by the entity that granted it.
Man, if schools tought ONE thing and one thing only, I wish it would teach this. What a different America we'd live in!
They don't teach it. By design. Who's yer daddy? Big Gov.
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The unexamined life is not worth living.-Socrates The only stable state is the one in which all men are equal before the law.-Aristotle Liberty exists now in the spaces government has not yet chosen to occupy.-Doc Zero I anticipate that 10 Dallas Cowboys Cheerleaders will blow me this evening.-K.D
Lowbeyond
Posts: 16865
Incept: 2008-02-11
CO aka West NJ/East CA
Online
On one hand its a good ruling. on the other hand the police state volunteers will ignore it whenever it suits them. words don't mean **** when the guns come out. and come out they will, that is all the State does, point - and fire - guns
eta. and it wont be obama as some seem to think. it will be your neighbor that does is
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Maybe it was a birdy bread-bomber from the future?!
KD, as always thank you for your education and "outreach" for us ignorant types. Without you I would be sorely challenged. IMHO I think the appropriate question is not "Do you remember?" but Do you care? As in I do not believe the majority of people in nation do. Besides isn't X-Factor on?
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
These conditions have largely been broadened to include emergency. The suspension of habeas Corpus is generally linked to martial law. Both are general declarations made by government. This stuff goes back thousands of years and in every case, government took these protections away. The people of war waging governments almost always lose these rights. In every circumstance, we the people are rarely informed as to when these wars start, usually a good decade before we see them.
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The only function of economic forecasting is to make astrology look respectable.---John Kenneth Galbraith
Best news I've heard in a long time. These judges are our last line of defense. I see some people don't believe it means much, but for what it's worth I didn't even expect THIS to happen.
These conditions have largely been broadened to include emergency. The suspension of habeas Corpus is generally linked to martial law. Both are general declarations made by government. This stuff goes back thousands of years and in every case, government took these protections away. The people of war waging governments almost always lose these rights. In every circumstance, we the people are rarely informed as to when these wars start, usually a good decade before we see them.
We're in a permanent state of declared emergency anyway; have been since FDR's time (check out the White House E.O. page any time you doubt this -- how many emergencies has the current President declared? How many has he declared ended?)
Though Congress tried to deal with this decades ago, it's only gotten worse.
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When I hear central bankers are blowing bubbles, I like to picture a large, happy and well-endowed male chimp named 'Bubbles'...
Lowbeyond
Posts: 16865
Incept: 2008-02-11
CO aka West NJ/East CA
Online
Treason. yep.
Obama. Holder. Every congressman who voted for this. Everyone in the Federal Government who decided to and has worked on - even tangentially - on the appeal is a Traitor.
Filth. Absolute Filth.
Be sure to bring the salads to their weekend BBQ though. Ya'll know you will. And thus it will never end until the tears ...
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Maybe it was a birdy bread-bomber from the future?!
