Federal Judge Rules NDAA’s Indefinite Detention Unconstitutional and Issues Permanent Injunction

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It’s about time………no US citizen can be detained indefinitely according to the Constitution, charges must be made and a speedy trial with the right to face your accusers is required by the Constitution.

Ruling Backed By Civil Liberties Groups Who Urge Obama to Give Up Defending Indefinite Detention

Civil liberties groups are asking the Obama administration to stand down and give up defending America’s law allowing the indefinite detention of terrorism suspects after a judge Wednesday issued a permanent injunction against it.

The indefinite detention law — contained in the National Defense Authorization Act of 2012 — codified the post-9/11 practice of having the military jail suspects, including Americans, and hold them without trial.

Federal Judge Katherine Forrest reaffirmed on Wednesday her May ruling that the provision was unconstitutional, and made the ruling permanent. She had previously found that the law could be used to imprison activists and journalists without trial, noting that it does not define what it means to substantially “support” Al Qaeda or “associated” forces.

The detention provision in the NDAA affirms the administration’s right to detain a “person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces.”

Forrest found that reporters who talk to and write about someone who could be defined as being part of an “associated force” could be deemed to be substantially supporting them.

“First Amendment rights are guaranteed by the Constitution and cannot be legislated away,” Forrest said in Wednesday’s new ruling. “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.”

Other plaintiffs in the case are Pulitzer prize-winning journalist Chris Hedges, Pentagon papers leaker Daniel Ellsberg and left-wing scholar Noam Chomsky.

It was not immediately clear whether the administration would appeal to a higher court, but civil liberties advocates were asking the White House to quit the case.

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Obama fights ban on indefinite detention of Americans

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Again I must ask…..what about the Constitution where it says we have a right to speedy trial and face our accusers?  You know, the 6th amendment ….being terrorists doesn’t change that, especially American terrorists. Even then the Constitution applies. Folks we are seeing the Constitution being trampled on weekly if almost daily now and that is not good. For those that think it is outdated, if you could see the future and what it holds without the current Constitution, you’d change your mind real fast about changing what we’ve had for over 200 yrs., it’s worked pretty good for us.

The White House has filed an appeal in hopes of reversing a federal judge’s ruling that bans the indefinite military detention of Americans because attorneys for the president say they are justified to imprison alleged terrorists without charge.

Manhattan federal court Judge Katherine Forrest ruled in May that the indefinite detention provisions signed into law late last year by US President Barack Obama failed to “pass constitutional muster” and ordered a temporary injunction to keep the military from locking up any person, American or other, over allegations of terrorist ties. On Monday, however, federal prosecutors representing President Obama and Defense Secretary Leon Panetta filed a claim with the 2nd US Circuit Court of Appeals in hopes of eliminating that ban.

The plaintiffs “cannot point to a single example of the military’s detaining anyone for engaging in conduct even remotely similar to the type of expressive activities they allege could lead to detention,” Obama’s attorneys insist. With that, the White House is arguing that as long as the indefinite detention law hasn’t be enforced yet, there is no reason for a judge to invalidate it.

Reuters reports this week that the government believes they are justified to have the authorization to lock alleged belligerents up indefinitely because cases involving militants directly aligned against the good of the US government warrants such punishment. Separate from Judge Forrest’s injunction, nine states have attempted to, at least in part, remove themselves from the indefinite detention provisions of included in the National Defense Authorization Act for Fiscal Year 2012, or NDAA.

“[T]here are so many people from all sides of the political spectrum opposed to this law that they ought to just say, ‘We’re not going to appeal,’”attorney Carl Mayer said. “The NDAA cannot be used to pick up Americans in a proverbial black van or in any other way that the administration might decide to try to get people into the military justice system. It means that the government is foreclosed now from engaging in this type of action against the civil liberties of Americans.”

The original plaintiffs, who include Pulitzer Prize-winner Chris Hedges, have asked Just Forrest to make her injunction permanent. Oral arguments in the case are expected to begin this week.

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Executive Orders And The New American Sovyet

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Dear Mr. Boehner, Mr. McConnell, et. al;

Our federal government is out of control.  It is not the role of the federal government to regulate the daily lives of the citizens.   It is not the role of the federal government to regulate domestic commerce.  It is not the role of the federal government to tell farmers what to grow, nor tell people what to eat.  It is not the role of the federal government to dictate the education of our children.  It is not the job of the federal government to trespass into state criminal investigations.

It is not the role of the federal government to control our rural or municipal affairs; yet, the President has now established federal councils for both rural affairs (Executive Order 13575—Establishment of the White House Rural Council June 9, 2011)and municipal affairs (Executive Order— Establishing a White House Council on Strong Cities, Strong Communities May 1, 2012).  Russia called these councils the “sovyet” and they are the final building blocks to communism.  It is not the role of the Federal government to be the people’s nanny.

It’s not the role of the Federal government to spend this nation into oblivion.  Pardon me if I do not get excited about your current budget debate.  That drama has outlived itself, and I say let the government shut down for a while; we might buy a few more days of life for our Constitution.   I am also not impressed by your resolution on foreign affairs, encouraging “democracies” in foreign nations, while our republic is being actively destroyed by its own government.

It is your role, Congress, to stop the Executive encroachment into the Legislature and it is your duty to stop the Federal encroachment upon individual Liberty.  Our founders took great care when creating a federal government that would be limited and always in submission to the states and the people.  WHEN is Congress going to take a real stand against the destruction of the rights and privileges of this people? Will you wait until it’s too late? Mere “outrage” doesn’t get the job done.  This Congress is pushing the nation to a point of turmoil it has not seen for 150 years.  And make no mistake; each and every one of you will be personally responsible for what will occur.  Are you prepared to live with that responsibility and those consequences?  It will not fall on the shoulders of the President alone and the blame game will not alleviate the suffering of our children when they are so grievously affected.  Yet, we can avoid repeating the mistakes of our history.  But we must act now. We must act decisively.  If not, we will regret our neglect.  We have the opportunity now, but have no guarantee it will be available much longer.

Does Congress truly understand WHY people fled communist nations to come to the greatest nation in the world?  Do you truly know the cost of such sacrifice and what you are supposed to be defending?  You are fooling yourselves if you think one more election is going to fix it.  You don’t have that kind of time.  The blocks are in place, and you have provided the mortar.  Take a stand now.  Not a political stand, but a stand that involves integrity, courage, and resolve.  No more petitions asking the president to stop stealing legislative power.  No more demands that Eric Holder resign.  YOU must do your job and YOU must defend this nation and it’s Constitution from these enemies, both foreign and domestic.   You must:

  1. Put an end to the executive order madness.  Exercise your constitutionally given power, as provided through the checks and balances and separation of powers.  Show this nation that you understand that Legislative power is not to be shared and it is definitely NOT to be taken.
  2. We are not subjects of the United Nations and never intend to be.  Get them out of our business.
  3. If you are unwilling to impeach, defund any person appointed by the executive branch outside Congressional and Constitutional authority.  (i.e. all the Christmas appointments and Czars)
  4. Pick up your Congressional oversight responsibility and shut down these executive regulatory agencies whose only purpose is to “harass our people, and eat out their substance.”
  5. Get control of the immigration in this nation.  We don’t want to see GAO reports telling us that the Department of Homeland Security (DHS) and the State Department cannot agree on the degree of terrorist association a visa applicant must have to render the applicant ineligible.
  6. It is time to indict Eric Holder for the criminal that he is. No more whining, no more demanding for resignations, INDICT him and then FIRE him.
  7. Impeach Elena Kagan.  She is obviously incapable of using the appropriate professional ethic and judgment needed to be a Supreme Court Justice.  Learn from this mistake and actually involve yourselves in the confirmation process.  Your employers are sick to death of political games.
  8. Repeal The Federal Restricted Buildings and Grounds Improvement Act.  Now. You are supposed to be protecting the rights of the people, not violating them.
  9. End the 4th amendment violations permitted in the Patriot Act.  Now.
  10. Repeal sections 1021 & 1022 of NDAA 2012. It’s not only about habeas corpus, it’s about
    1.  unilateral power given to the president by congress to determine who is a terrorist and then detain them in secret with no probable cause;
    2. unilateral power given to the president by congress to invoke the laws of war during a “hostility”;
    3. unilateral power given to the president by congress to transfer the power under the laws of war to “domestic agencies fighting terrorists”
  11. Get the IRS out of the passport business.
  12. Don’t just read the Constitution, study it.  Not how you studied it in law school, that wasn’t the Constitution, that was Constitutional Law, there is a huge difference.  Those of you who went to Harvard, we understand if you don’t know what the Constitution is, it hasn’t been studied there in years.  May I suggest a course that I know will teach you the truth and is so simple a Congressman can understand it.  I happen to know the teacher personally and I am sure that she would come teach it at her own expense and sacrifice.  Interested? Click Here.

These are some of the demands of your employers; we demand you do your job.  These are the requirements of our founders; they have entrusted us with the Liberty purchased with their lives.  These are the duties imposed upon you by the Constitution of the United States, and your obligations consistent with the oaths you took.  And, these are the times that try men’s souls. How will history remember us? The generation that participated in death of Liberty or the generation that gave our last breath to prosper it? I have made my choice. How will you choose?

Sincerely,

KrisAnne Hall

www.KrisAnneHall.com

 

Tennessee Legislative Alert: They’re Laughing At Us!

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The very people who are supposed to represent us are not only refusing to do their job to re-present our ideas in Nashville, not only refusing to do the right thing, not only working to be complicit with the evils coming out of Washington DC, but they are outright laughing at the people of Tennessee.

The subcommittee of the Tennessee House Judiciary Committee had the chance to do the right thing on Wednesday to protect Tennesseans from unconstitutional encroachments (arresting of US citizens by the military in the US with indefinite detention, without trial)  of the federal government and resist the evil indefinite detention provisions of the National Defense Authorization Act by voting for HB2619/SB2669.

Instead they chose to laugh at us, and stall.

Van Irion, the Lead Counsel for the Liberty Legal Foundation and former congressional candidate, is one of the co-authors of HB2619 which went before the subcommittee.  He testified before the subcommittee for about an hour.  His report, along with a link to the video of the proceedings, is below:

You can watch my testimony to the TN House Judiciary subcommittee in support of HB2619 at this web site: http://tnga.granicus.com/MediaPlayer.php?view_id=143&clip_id=4855.

Here’s my synopsis: Several RINOs on the committee went into the meeting having already decided to vote against the bill. They spent an hour trying to justify this decision. Every substantive question/objection raised was answered. Yet at the end they were saying that the bill has some serious problems.

Action Items:

1.  Contact the members of the subcommittee and demand that they pass HB2619/SB2669 without weakening it in any way.  Be polite but firm and let them know that if they do not pass this bill, you will work hard to make sure that they are not in office in 2013.  Keep in mind that we are getting opposition from legislators in both political parties.

General Subcommittee of the House Judiciary Committee

Rep. Jim Coley, Chair: Republican, District 97
207 WMB, (615) 741-8201, rep.jim.coley@capitol.tn.gov

Rep. Vance Dennis, Vice-Chair: Republican, District 71
105 WMB, (615) 741-2190, rep.vance.dennis@capitol.tn.gov

Rep. Eddie Bass: Democrat, District 65
109 WMB, (615) 741-1864, rep.eddie.bass@capitol.tn.gov
(Note that Rep. Bass is a retired county sheriff himself, and has sponsored his own version of a sheriffs first bill in the past.)

Rep. Karen D. Camper: Democrat, District 87
20 LP, (615) 741-1898, rep.karen.camper@capitol.tn.gov

Rep. Jon C. Lundberg: Republican, District 1
205 WMB, (615) 741-7623, rep.jon.lundberg@capitol.tn.gov

Rep. Judd Matheny: Republican, District 47
205 WMB, (615) 741-7448, rep.judd.matheny@capitol.tn.gov

Rep. Barrett Rich: Republican, District 94
204 WMB, (615) 741-6890, rep.barrett.rich@capitol.tn.gov

Rep. Janis Baird Sontany: Democrat, District 53
32 LP, (615) 741-6861, rep.janis.sontany@capitol.tn.gov

Rep. Eric Watson: Republican, District 22
209A WMB, (615) 741-7799, rep.eric.watson@capitol.tn.gov

2.  If you can attend the subcommittee meeting on Wednesday, February 15 at 3:30 PM Central, please be in Nashville to attend.  The schedules are listed here.

3.  Contact Rep. Dunn and Sen. Campfield to thank them for sponsoring HB2619/SB2669.  Assure them that you want them to continue the fight for the rights of Tennesseans.

Rep. Bill Dunn: Republican, District 16
212 WMB, (615) 741-1721, rep.bill.dunn@capitol.tn.gov

Sen. Stacey Campfield: Republican, District 7
306 WMB, (615) 741-1766, sen.stacey.campfield@capitol.tn.gov

4.  Contact your personal state representative and senator and encourage them to co-sponsor and support HB2619/SB2669.  Let them know that if they do not support it, you will work hard to make sure they are not in office in 2013.  Remember to be polite, but firm.  You can find your the legislators for your district by clicking here and entering your street address on the left side of the screen.

5.  Contact Speaker Beth Harwell and Lt. Gov. Ron Ramsey and let them know you support HB2619/SB2669 and ask them to co-sponsor it.

Speaker Beth Harwell: Republican, District 56
107 WMB, (615) 741-0709, speaker.beth.harwell@capitol.tn.gov

Lt. Gov. Ron Ramsey: Republican, District 2
1 LP, (615) 741-4524, lt.gov.ron.ramsey@capitol.tn.gov

6. Send a link to this article to everyone you know and encourage them to call and e-mail these legislators.

Tennessee Tenth Amendment Center

First NDAA; Now Enemy Expatriation Act

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Another great article from Chuck Baldwin:

Posted by

by Chuck Baldwin

On the heels of the National Defense Authorization Act (NDAA), otherwise known as the “Indefinite Detention Act,” comes another draconian bill designed to give the federal government the power to turn American citizens into enemies of the state for virtually any reason it deems necessary. Stephen D. Foster, Jr. has the story.

“Congress is considering HR 3166 and S. 1698 also known as the Enemy Expatriation Act, sponsored by Joe Lieberman (I-CT) and Charles Dent (R-PA). This bill would give the US government the power to strip Americans of their citizenship without being convicted of being ‘hostile’ against the United States. In other words, you can be stripped of your nationality for ‘engaging in, or purposefully and materially supporting, hostilities against the United States.’ Legally, the term ‘hostilities’ means any conflict subject to the laws of war but considering the fact that the War on Terror is a little ambiguous and encompassing, any action could be labeled as supporting terrorism.”

Foster goes on to say, “I hope I’m wrong, but it sounds to me like this is a loophole for indefinitely detaining Americans. Once again, you just have to be accused of supporting hostilities which could be defined any way the government sees fit. Then the government can strip your citizenship and apply the indefinite detention section of the NDAA without the benefit of a trial.”

See Foster’s report at:

http://tinyurl.com/7thcxad

Ever since Congress passed the Patriot Act back in 2001, it seems the floodgates have been opened for more and more intrusions and abridgements of those fundamental liberties expressly protected in the Bill of Rights. From the Patriot Act, to the Military Commissions Act, to the NDAA (Indefinite Detention Act), and to now the Enemy Expatriation Act (EEA), these big government toadies in Washington, D.C., are clearly and unmistakingly declaring war on the American people.

I invite readers to see my column on the NDAA at:

http://chuckbaldwinlive.com/home/?p=4382

Read more @ Tenth Amendment Center

Stewart Rhodes of Oath Keepers on Coast to Coast AM

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John B. Wells welcomes Stewart Rhodes, founder of the Oath Keepers, a non-partisan association currently serving military, veterans, peace officers, and firefighters who fulfill the oath they swore to support and defend the Constitution. He discusses the NDAA and other unconstitutional legislation.

FAIR USE NOTICE: These Videos may contain copyrighted (©) material the use of which has not always been specifically authorized by the copyright owner. Such material is made available to advance understanding of ecological, political, human rights, economic, democracy, scientific, moral, ethical, and social justice issues, etc. It is believed that this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior general interest in receiving similar information for research and educational purposes.

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Tennessee Balance of Powers Act

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The “Tennessee Balance of Powers Act” is moving forward in the TN legislature! This is critical “states rights” legislation drafted by Liberty Legal Foundation and designed be a model for every state in the nation to protect its citizens against unconstitutional Federal laws.

The “Tennessee Balance of Powers Act” acknowledges that the State has an ongoing duty to defend the rights of Tennesseans against federal abuses of authority. Since our country’s founding states have left it to citizens to correct federal abuses of authority. Citizens usually have to allow the federal government to violate their Constitutional rights in order to have standing to challenge a federal law. Then the individual private citizen is left to take on the entire federal government, by themselves, in federal court.

The “Tennessee Balance of Powers Act” will change that paradigm. It will allow the State of Tennessee to file original challenges directly with the U.S. Supreme Court before anyone’s rights are violated. Note that the Supreme Court has no discretion to refuse such cases. Such challenges will be limited to instances where Congress passes laws that are clearly in violation of the Constitution. Such challenges will greatly enhance Congresses respect for the Constitution, and will re-assert state authority over the federal government, pursuant to the Constitution.

Stay tuned for more important updates about this vital legislation.

Liberty Legal Foundation

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