The NDAA and the Death of the Democratic State

February 11, 2013

By Chris Hedges

On Wednesday a few hundred activists crowded into the courtroom of the Second Circuit, the spillover room with its faulty audio feed and dearth of chairs, and Foley Square outside the Thurgood Marshall U.S. Courthouse in Manhattan where many huddled in the cold. The fate of the nation, we understood, could be decided by the three judges who will rule on our lawsuit against President Barack Obama for signing into law Section 1021(b)(2) of the National Defense Authorization Act (NDAA).

The section permits the military to detain anyone, including U.S. citizens, who “substantially support”—an undefined legal term—al-Qaida, the Taliban or “associated forces,” again a term that is legally undefined. Those detained can be imprisoned indefinitely by the military and denied due process until “the end of hostilities.” In an age of permanent war this is probably a lifetime. Anyone detained under the NDAA can be sent, according to Section (c)(4), to any “foreign country or entity.” This is, in essence, extraordinary rendition of U.S. citizens. It empowers the government to ship detainees to the jails of some of the most repressive regimes on earth.

Section 1021(b)(2) was declared invalid in September after our first trial, in the Southern District Court of New York. The Obama administration appealed the Southern District Court ruling. The appeal was heard Wednesday in the Second Circuit Court with Judges Raymond J. Lohier, Lewis A. Kaplan and Amalya L. Kearse presiding. The judges might not make a decision until the spring when the Supreme Court rules in Clapper v. Amnesty International USA, another case in which I am a plaintiff. The Supreme Court case challenges the government’s use of electronic surveillance. If we are successful in the Clapper case, it will strengthen all the plaintiffs’ standing in Hedges v. Obama. The Supreme Court, if it rules against the government, will affirm that we as plaintiffs have a reasonable fear of being detained.

If we lose in Hedges v. Obama—and it seems certain that no matter the outcome of the appeal this case will reach the Supreme Court—electoral politics and our rights as citizens will be as empty as those of Nero’s Rome. If we lose, the power of the military to detain citizens, strip them of due process and hold them indefinitely in military prisons will become a terrifying reality. Democrat or Republican. Occupy activist or libertarian. Socialist or tea party stalwart. It does not matter. This is not a partisan fight. Once the state seizes this unchecked power, it will inevitably create a secret, lawless world of indiscriminate violence, terror and gulags. I lived under several military dictatorships during the two decades I was a foreign correspondent. I know the beast.

Source to the rest of the story: http://www.truthdig.com/report/item/the_ndaa_and_the_death_of_the_d...

Views: 479

Reply to This

Ferguson Mega-Link Blast - Nov 17-04

WATCH LIVE: Ferguson Continues to Protest

Please remember this website is supported by your donations...

12160 NEWS new management/admin info



You filthy, abnormal animal’: graphic contents of anonymous letter sent by FBI to Martin Luther King http://ow.ly/2QKXaR  

2nd Grader’s Homework Teaches ‘Rights Are Special Privileges The Government Gives You’ http://ow.ly/2QKXaQ 

Texe Marrs - Project Lucid - Published on Jun 30, 2013 Too much to list. http://ow.ly/2QKXaC 

I Don't Have A Problem With The KKK Fliers Posted In Ferguson MO by Deep Space http://12160.info/video

VIDEO: Citizens Approach Cop They Saw Littering, Cop Says, “Yeah? What are You Gonna Do About It?”: http://12160.info/video

US senator’s son charged with killing 21 dogs - US senator’s son charged with killing 21 dogs Published time: Nove... ow.ly/2QJVZJ 

WATER Crisis -HOAX - Primary Water - What you didn't know about the manufactured drought. ow.ly/2QJVZO 

Keiser Report: Whistleblower Alayne Fleischmann (JP Morgan 'worst nightmare') talks to Max (E679) ow.ly/2QJVZQ 

Propaganda and Manipulation: How mass media engineers and distorts our perceptions ow.ly/2QJVZP

Did VIP abusers murder a boy? Scotland Yard's new probe into paedophile ring at luxury flats used by ministers ow.ly/2QJVZI 

Meet Ferguson Police Officer Darren Wilson - a total asshole NEWLY POSTED VIDEO 12160.info/page

Report an Issue

Forum

can i share this and get you guyses opinion?

Started by michael sean in General Mayhem. Last reply by michael sean yesterday. 1 Reply

© 2014   Created by truth.

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2014 - all rights reserved. unless otherwise noted
var _gaq = _gaq || []; _gaq.push(['_setAccount', 'UA-48719234-1']); _gaq.push(['_trackPageview']); (function() { var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; ga.src = ('https:' == document.location.protocol ? 'https://ssl' : 'http://www') + '.google-analytics.com/ga.js'; var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); })();