A federal judge rejected an Obama administration attempt to beat back her earlier ruling against the 2012 National Defense Authorization Act this week, standing by her decision against a segment of law's indefinite detention provision and writing that her injunction applied broadly.
Last month, U.S. District Judge Katherine Forrest ruled unconstitutional a small segment of the 565-page NDAA authorizing the detention of suspects, including U.S. citizens, who had "substantially supported al-Qaeda, the Taliban, or associated forces." The ruling came in response to a lawsuit filed by the so-called "Freedom 7," a group of journalists and activists who had expressed concerns that the vaguely worded statute, contained in the act's Section 1021, could be applied to them during the course of their work.
The Obama administration responded to Forrest's ruling by asking her to reconsider what it characterized as an "extraordinary" decision. In a footnote of their request, Obama's legal team also said it planned to interpret the injunction as applying only to the handful of plaintiffs named in the case.
On Wednesday, however, Forrest countered the administration, saying that not only was she standing by her ruling, but that her injunction was meant to protect all potential targets of the NDAA's most loosely worded indefinite detention provision.
"The May 16 order found Section 1021(b)(2) constitutionally infirm on two bases: the First Amendment and the due process clause of the Fifth Amendment," Forrest wrote in an 8-page order. "As set forth below, the law has long provided that this type of finding has provided relief to both the parties pursuing the challenge, as well as third parties not before the Court. ... Put more bluntly, the May 16 order enjoined enforcement of Section 1021(b)(2) against anyone until further action by this, or a higher, court - or by Congress."
Forrest's memorandum could put pressure on the administration to file a formal appeal against her initial decision. Obama's lawyers have a 60-day window from May 16 to do so.
Below, 7 ways you could get yourself indefinitely detained under the NDAA:
7 Ways To Get Yourself Indefinitely Detained
Interview A Member Of The Taliban(01 of07)
Open Image ModalAttend A Fundraiser(02 of07)
Open Image ModalScenario:A local civil liberties group holds a swanky fundraising event and you, a wealthy philanthropist, write a sizable check. Sometime later, the group is placed on a watch list, which results in authorities arriving at your door, hauling you away.How:It's possible a portion of your money somehow got funneled to al-Qaeda or a pro-Taliban group or that somehow you became an indirect material supporter of what the National Defense Authorization Act calls an "associated force."But just what are "associated forces"? That question appeared to stump Obama administration lawyers when pressed by Judge Katherine Forrest during a recent hearing."I don't have specifics," an attorney told her.Answering a later question about whether WikiLeaks could be construed as an "associated force," an administration lawyer suggested that it couldn't, unless there were a connection to the Taliban or al-Qaeda.If someone happens to be wrong about your case, you might sit in detention until the courts figure it out. Or, according to the act, you'll be released when officials determine it is "the end of the hostilities authorized by the Authorization for Use of Military Force." (credit:Getty)
Write A Book(03 of07)
Open Image ModalOrganize A Demonstration(04 of07)
Open Image ModalHelp Out A Friend(05 of07)
Open Image ModalAccidentally Provide Missiles To Insurgents(06 of07)
Open Image ModalScenario:You're a flippant, billionaire playboy or -girl with a cool haircut and two Ph.D.s., one in nuclear fusion and the other in kicking ass. You get bored, so you decide to fight crime in Afghanistan and make a quick jaunt to Kandahar. In the process of taking on an encampment of Taliban insurgents, the firing mechanism for one of your missiles malfunctions, launching it thousands of feet into the air. It returns to Earth undetonated, only to be picked up by an enemy who uses it as the centerpiece of an improvised explosive device.When a U.S. mine-sweeping crew deactivates the makeshift bomb and finds your name emblazoned on the device, you're picked up.How:This appears to be a clear-cut case of "substantial support" to the Taliban or at least "associated forces" who wanted to do harm to U.S. troops. So much for your intentions of wanting to help out with a little vigilante justice. Any resulting court case could take ages. (credit:AP)
Plan A Terrorist Attack(07 of07)
Open Image ModalScenario:You're a total jerk and not a very big fan of America, so you decide that the best course of action is to take out your anger with an act of destruction on a densely populated city.You do some planning and set up your device, but when it comes time to use it, it malfunctions, leaving you injured and going to jail on a stretcher.How:You're an American citizen, you'll get your constitutional guarantee of a trial, right?If President Barack Obama's promises are followed, yes. But that doesn't mean you can't undergo some form of indefinite detention while you await trial. During a hearing on the lawsuit challenging parts of the new National Defense Authorization Act, Obama's lawyers were unable to say for sure if the trial promised in his signing statement would be a civilian or military one. This could have a heavy bearing on the nature of your detention.And if you were to commit such actions under the administration of another president, there's no telling how a new commander in chief would interpret the act, making your fate even less certain. (credit:AP File)
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