NY Federal Judge Strikes Down ‘Indefinite Detention’ Provision in NDAA

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U.S. District Judge Katherine Forrest in Manhattan ruled that the law, passed as part of the National Defense Authorization Act for 2012, was unconstitutional. She said the government has softened its position toward those who filed suit challenging the law, but she said the “shifting view” could not erase the threat of indefinite military detention. She urged Congress to make the law more specific or consider whether it is needed at all.

“First Amendment rights are guaranteed by the Constitution and cannot be legislated away,” Forrest wrote. “This Court rejects the Government’s suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention.” ~ NEW YORK (TheBlaze/AP)

Good for her! It's nice to know that there are still patriots in the Judiciary that believe in the Constitution and are willing to stand up against a Tyrannical Federal government.

The bad news is that said Tyranny doesn't care what the courts have to say unless it favors them. When Forrest issued a temporary injunction against Section 1021 being enforced, she asked the governments lawyers if any US citizens had already been detained; they refused to answer her.

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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.

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

Here's another source that doesn't have a horse in the race: Obama Demands Court Uphold His right To Ignore Constitution

And now, Obama's goon squad is pressing the point. They are bound and determined to grant themselves the authority to scrap the Constitution whenever they feel like it. Not even the 1st Amendment is a protection we can count on anymore.

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The Obama administration is battling to restore a controversial provision of a new federal law that it admits could have been used to arrest and detain citizens indefinitely – even if their actions were protected by the First Amendment.

A federal judge this week made permanent an injunction against enforcement of Section 1021 of the most recent National Defense Authorization Act, which was declared unconstitutional.

The Obama administration then took only hours to file an appeal of the order from U.S. District Judge Katherine Forrest, and attorneys also asked her to halt enforcement of her order.

In her order, Forrest wrote, “The government put forth the qualified position that plaintiffs’ particular activities, as described at the hearing, if described accurately, if they were independent, and without more, would not subject plaintiffs to military detention under Section 1021.”

But she continued, “The government did not – and does not – generally agree or anywhere argue that activities protected by the First Amendment could not subject an individual to indefinite military detention under Section 1021.” ~ Obama: Detention OK for 1st Amendment 'activities'

We're in for a fight ladies and gentlemen. Are we going to allow our God-given rights to be stripped away from us with out one? Not me baby.

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You said that it was OK to cuss so... "Fuck Yeah!!!!" I hope that this can stand. 'They' will probably find a way around it though... Shit, I hate being a skeptic.

heracat wrote:

You said that it was OK to cuss so... "Fuck Yeah!!!!" I hope that this can stand. 'They' will probably find a way around it though... Shit, I hate being a skeptic.

I'm gonna go with the notion that the Feds will just ignore the ruling and do whatever they damned well please, and that is why I'm counting on my local sheriff to stick up for me should there be a knock on the door, or an attempted forced entry into my home. I have made it very clear to him that if anyone wants to question me about my "activities" I will be more than happy to come down to his office to discuss it, or he is welcome to come to my house for coffee and muffins.

The locals here are a bunch of good guys dude, they really are. When I told them that nobody is coming into my house without an invitation or a warrant I informed that I am well within my rights to have that attitude. I was also informed that help is just a phone call away should I ever have the types of problems that have befallen other Talk Radio hosts, and Facebook posters like Brandon Raub, that have said something that the Feds don't like.

Of course I don't expect problems like that. I have never been secretive about who I am when it comes to posting on the Internet, and anyone who care to waste their time can go back as far as they wish; but they will never find a post of mine calling for violence in any way, shape or form. Despite the fact that I'm a Marine, 30 years as a civilian - and the Great Awakening that occurred for me in 2004 when I began to realize that we've been lied to for a very long time - has tempered my attitude tremendously.

As odd as it may seem, I believe that violence is a tool of the weak. It takes a lot more character to come to an understanding with someone you disagree with than it does to just beat the shit out of them, or kill them, in order to impose your will on them. I've always been a big supporter of Democracy and the idea of fair play, and I wish that my children could have grown up in the 60's like I did, when there was a whole lot more love in the world, and peaceful demonstrations really did change things.

I'm afraid though that we have completely missed out on the time for talking. I see people all over the Internet getting fed up with the abuses of the Federal government, not only the abuses committed against the rights of American citizens, but on the citizens of other countries that are being killed every day in OUR name. I'm seeing calls for Revolution ALL OVER, on every website that you care to name, even on MSM websites.

Something tells me that (God forbid) the DHS is going to need all of the ammo they bought. I only hope that the lines are drawn quickly so that the fence-sitters who would ultimately choose to stand on the side of righteousness aren't caught in the crossfire before they can make that decision. I have a feeling there is going to be a lot of them, and I understand how they feel. When I learned what my government is doing in my name, and all that they HAVE done - the constant stream of lies since JFK was assassinated - it was indeed a shock. I'm sure that many are going to put off accepting that the Federal government really has become a tyrannical state sponsor of terror until the last possible moment.

That's where I come in, where The Truth Is Viral is going to do the most damage to the Federal government: I'm going to wake as many people as I can - including local, state, and Federal LEOs - THE FUCK UP! The pen truly is mightier than the sword, and I'm damn good with my weapon of choice.
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Well BP, you were right. I saw today that Obamney found a way around this judge. SHT!

I am just so sad for my nieces and nephews that will have to live under this tyranny.

heracat wrote:

Well BP, you were right. I saw today that Obamney found a way around this judge. SHT!

I am just so sad for my nieces and nephews that will have to live under this tyranny.

Yeah, I hate being right too. I miss the 70's.

Bob Powell wrote:

heracat wrote:

Well BP, you were right. I saw today that Obamney found a way around this judge. SHT!

I am just so sad for my nieces and nephews that will have to live under this tyranny.

Yeah, I hate being right too. I miss the 70's.

I only have one word to describe all of this crap. RAGE. One judge rules to uphold the Constitution only to have another shit all over it just a few days later. What a disgrace to the fundamentals upon which this country was founed. You know they have intent to use the indefinite detention clause due to the matter in which this was handled. I also believe they plan to use it soon. We as patriotic citizens of this nation have a duty to speak up about the nature of this and many other atrocities being committed against freedom in this country. My wife said to me today, "you just need to forget about this stuff and live your life." That is the attitude that has put us here. I swore an oath to defend the Constitution. I previeously did so in the Marine Corps and I continue to do so today by speaking up when I see wrongs committed. I will not be quiet, I will not give in, And most of all, I will not become a victim of Tyrranny. As long as I breath the air of this world I will speak out in the face of tyrranny and oppression. I will raise the bullshit flag when no one else will. I will always support and defend the Constitution of The United States Of America against all enemies both foreign and domestic. Each day the founding ideals of this nation are burried a little deeper before the public eye. I am beginning to lose hope that we can right the course and become the nation we could be. I fear that those thoughts may be just a dream that will never be fulfilled. Overall I am just saddened greatly by what is happening here in our country. Not many around me care about the truth or can even accept it. What more is it going to take before we stand in the faces of the evil and tell them they will reign no more?

Jimmy E wrote:

Bob Powell wrote:

heracat wrote:

Well BP, you were right. I saw today that Obamney found a way around this judge. SHT!

I am just so sad for my nieces and nephews that will have to live under this tyranny.

Yeah, I hate being right too. I miss the 70's.

I only have one word to describe all of this crap. RAGE. One judge rules to uphold the Constitution only to have another shit all over it just a few days later. What a disgrace to the fundamentals upon which this country was founed. You know they have intent to use the indefinite detention clause due to the matter in which this was handled. I also believe they plan to use it soon. We as patriotic citizens of this nation have a duty to speak up about the nature of this and many other atrocities being committed against freedom in this country. My wife said to me today, "you just need to forget about this stuff and live your life." That is the attitude that has put us here. I swore an oath to defend the Constitution. I previeously did so in the Marine Corps and I continue to do so today by speaking up when I see wrongs committed. I will not be quiet, I will not give in, And most of all, I will not become a victim of Tyrranny. As long as I breath the air of this world I will speak out in the face of tyrranny and oppression. I will raise the bullshit flag when no one else will. I will always support and defend the Constitution of The United States Of America against all enemies both foreign and domestic. Each day the founding ideals of this nation are burried a little deeper before the public eye. I am beginning to lose hope that we can right the course and become the nation we could be. I fear that those thoughts may be just a dream that will never be fulfilled. Overall I am just saddened greatly by what is happening here in our country. Not many around me care about the truth or can even accept it. What more is it going to take before we stand in the faces of the evil and tell them they will reign no more?

I love ya brother. Semper fucking FI!

I for one am SURE it's too late to change anything, I see prophecy unfolding all around us and that does not bode well for this country. I'll be honest Jimmy, I'm expecting an EMP attack in the very near future. There is NO WAY that ANY nation on the face of the Earth could possibly stand against the military might of the US. The only way they can damage the homeland, regardless of who "they" are (I'm putting my money on the Iranians/North Koreans as the attackers tho), through asymmetrical warfare.

The Iranians have SCUD missiles in Venezuela that are capable of flying to the CONUS in about 20 minutes, and there are no anti-missile batteries operational that I know of (thank the ABM Treaty) in the US, so we are vulnerable. The Iranians have been butt buddies with the North Koreans for a long time, sharing missile and nuclear technology, and I really don't see it as a stretch that the North Koreans would sell the Iranians an EMP device or two. Some scientists have determined that the nuclear devices that have been tested by the North Koreans did not "fizzle" just because they had an estimated yield between 3-6 kilotons; but that the explosions were "weak" because their primary function was to generate a massive EMP as opposed to normal nuclear destruction.

The Iranians have also been testing Medium-range SCUDS fired from container ships, so one could park off of either coast and launch at least one missile; but one is all it takes. A single nuclear weapon detonated 200 miles above the CONUS would send most of the country back to the 19th Century in the blink of an eye, two or three would destroy every computer chip in North America except those "hardened" against an EMP.

In my opinion an EMP attack against the US is the only way Iran could ever hope to score a win, and they are absolutely capable of pulling it off. I also have no doubt that if the Iranians think they can get away with destroying the "Great Satan" they will jump at the chance, and that is going to totally suck for us.

Things are about to get real hard folks. Whether you believe in the Bible or not, there is no doubt that the Gog/Magog War is being set into motion. Holy scripture not your bag? The book "Morals and Dogma" by Albert Pike says the next war - as set into motion by the Globalists - will be a religious one between Christians and Muslims - and it's coming soon.

If I can keep my family alive until the Lord returns, then that is all I ask for.

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Jimmy E.

I am angry too. There is a Tea Party rally in my town in Oct. and I will be attending. This is all that I believe that I can do. It pisses my off that this is true. I will be looking into whether I can be armed at the rally or not. I will go that way if the so called 'laws' allow. I am a patriot and will exercise my rights to the full extent that the constitution allows.

Hey, guys, ..I am only slowly coming out of my shell ,beginning to use my voice . I FEEL more deeply than I can even begin to express myself. I lLove the way you get your thoughts out and hopefully I will be able to learn from you. Bob, you are MY voice -thank you- , I will just show others your vids until I learn how to communicate more properly and effectively...

This NDAA crap outrages me too. It is sOO wrong. I do not understand HOW he can even get away with pulling this off. No doubt we have been taken over from the inside. We need our country back!

Had read a day or so ago that NObama wishes to include provisions to include social networking privately owned websites-- Wants to know who violates T&C's etc. ...
NOW they tell me lol
This chit is crazy. This president needs removed from office---and INDEFINITELY! Or , charged for treason after he's voted out, imo!

Those of us who took an oath to uphold the Constitution have a duty to speak up for the people we swore to serve. We owe them that much. That's who we are. We stand and fight when people can't or won't do it for themselves. Even in the face of tremendous opposition we must stand firm in what we believe. There are tough choices in life. The choice to speak up is one of the toughest but it must be done. As long as we liv we can not give up. We must stand against the tyrrany being thrown down by the US Government.

Jimmy E wrote:

Those of us who took an oath to uphold the Constitution have a duty to speak up for the people we swore to serve. We owe them that much. That's who we are. We stand and fight when people can't or won't do it for themselves. Even in the face of tremendous opposition we must stand firm in what we believe. There are tough choices in life. The choice to speak up is one of the toughest but it must be done. As long as we liv we can not give up. We must stand against the tyrrany being thrown down by the US Government.

Proud of you guys- and all truth speakers/freedom lovers!

Hey, they say if you don't stand for something, you'll fall for anything! I am understanding this 'saying' all the more these days.

Although I've never taken that oath, I'm with you in that it is written on the tablet of my heart! It's only right that we stand and speak out against the wrongs/ injustices of the world. I'm awake: Now that I am aware, I am definitely MOVED -Anger has moved me-and I have gotten to the point now that I could care less about what 'others think about or label me.

Also, imo, once one has awakened to the realities we are facing , IF you are NOT ANGRY or moved to do SOMETHING, to speak out, etc. then there is something very definitely wrong .

The naysayers /complacent/roll overs WILL wake up eventually - a little late ...but as you say, as long as we have breath, we'll keep speaking truth /fighting the fight!
We need MORE awakened individuals who CARE!!!!!

Quote :

Proud of you guys- and all truth speakers/freedom lovers!

Hey, they say if you don't stand for something, you'll fall for anything! I am understanding this 'saying' all the more these days.

Although I've never taken that oath, I'm with you in that it is written on the tablet of my heart! It's only right that we stand and speak out against the wrongs/ injustices of the world. I'm awake: Now that I am aware, I am definitely MOVED -Anger has moved me-and I have gotten to the point now that I could care less about what 'others think about or label me.

Also, imo, once one has awakened to the realities we are facing , IF you are NOT ANGRY or moved to do SOMETHING, to speak out, etc. then there is something very definitely wrong .

The naysayers /complacent/roll overs WILL wake up eventually - a little late ...but as you say, as long as we have breath, we'll keep speaking truth /fighting the fight!
We need MORE awakened individuals who CARE!!!!!

The sad part is is that most of us who have awakened have many family memebers and friends who either refuse to wake up due to the shift in paradigm it causes, or they are just so stuck in the views of the masses they are trained to think of people like us as 'Conspiracy Theorists'. We all know how the MSM has spun that to be a negative term. The truth is if everyone questioned the status quo, and did the amount of research we all do they would have no problem believing that things are not as they appear to be. I've learned that in order to try to get the truth out one must accept that they will be belittled and discouraged along the way. When people ask me about this stuff; I may say a few things but I always tell them to research things themselves if they really want answers.

Jimmy E wrote:

Quote :

Proud of you guys- and all truth speakers/freedom lovers!

Hey, they say if you don't stand for something, you'll fall for anything! I am understanding this 'saying' all the more these days.

Although I've never taken that oath, I'm with you in that it is written on the tablet of my heart! It's only right that we stand and speak out against the wrongs/ injustices of the world. I'm awake: Now that I am aware, I am definitely MOVED -Anger has moved me-and I have gotten to the point now that I could care less about what 'others think about or label me.

Also, imo, once one has awakened to the realities we are facing , IF you are NOT ANGRY or moved to do SOMETHING, to speak out, etc. then there is something very definitely wrong .

The naysayers /complacent/roll overs WILL wake up eventually - a little late ...but as you say, as long as we have breath, we'll keep speaking truth /fighting the fight!
We need MORE awakened individuals who CARE!!!!!

The sad part is is that most of us who have awakened have many family memebers and friends who either refuse to wake up

True that. My two oldest kids, 42 and 36, are like that. I tell them what's going to happen, that they need to prepare, but they won't listen. I don't think that they can wrap their heads around the fact that their kids aren't going to grow up like they did, if they get the chance to grow up at all.

I spoke before the county commission last Thursday, telling them that they have 6 weeks to 6 months to get the county ready for when the SHTF, and you should have seen their faces. One minute they were discussing the merits of steaming garbage to keep the landfill from smelling, then the next minute a well dressed, very serious looking dude walks in and tells them that it's TEOTWAWKI. They listened raptly for about 8 minutes, five longer than is allotted for unscheduled public speakers, and I think more than a few might have messed their shorts. I didn't pull any punches, despite the worry that they would see me as a madman.

I hope THEY listen. The lives of everyone in this county depends on it.