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Federal Judge Reinstates Unconstitutional NDAA

Kurt Nimmo
Infowars.com
September 18, 2012

photoFederal judge Raymond Lohier.

Late Monday night a federal judge in New York, Raymond Lohier, granted the Obama administration an “emergency” stay that temporarily blocks a ruling by U.S. District Judge Katherine Forrest last week blocking the NDAA.

“Lohier offered no explanation or rationale for the temporary stay. However, the Justice Department has asked the appeals court to block the injunction,” Politico reported late last night.

The Obama administration characterized the ruling by Forrest as unconstitutional.

The Justice Department said the ruling was “unprecedented” and argued that the executive has the right under the Constitution to detain anyone indefinitely without due process. The Fifth Amendment specifically mentions due process of law.

The NDAA also violates the “equal protection” clause of the 14th Amendment stating that all people be treated the same under the law.

The federal government argues that the National Defense Authorization Act did not expand its authority beyond what already existed under the 2001 Authorization for Use of Military Force (AUMF) , as interpreted by judges in Guantánamo Bay habeas corpus cases.

“This pernicious law poses one of the greatest threats to civil liberties in our nation’s history,” writes Brian J. Trautman. Under AUMF, “this law can be used by authorities to detain (forever) anyone the government considers a threat to national security and stability – potentially even demonstrators and protesters exercising their First Amendment rights.”

Documents produced by the Department of Homeland Security and fusion centers and subsequently leaked to the media target numerous organizations and individuals as threats to national security — including supporters of Ron Paul, returning veterans, and other “rightwing extremists.”

In the months ahead, the NDAA will likely become an invaluable tool for the government as the economy finally topples over a cliff and a violent conflagration engulfs the Middle East. Iran has promised to shut down the flow of oil out of the region if the United States and Israel invade. This would undoubtedly have a devastating effect on the world economy and would result in massive protests against the government.

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Comment by Tara on September 18, 2012 at 7:19pm

@AZ Ranger... WOW, I'd say you're trying to incite people into violent acts. IMO, playing right into the enemies hands. And I suppose you are voting for Romney??? If he is elected, let me assure you it will be more of the same and the NDAA will be kept in tact... sad but true. 

Comment by suzie on September 18, 2012 at 6:45pm

Suzie for your own good my dear. Sorry

Edited by: Troy

Hope you understand?

Comment by Epiphany on September 18, 2012 at 6:29pm

A slightly better translation:  I want the RIGHT as President, to be able to point a loaded gun to your head, but I promise I won't pull the trigger.  And I reserve the RIGHT, as President, to change my mind.

Comment by suzie on September 18, 2012 at 6:15pm

Our "elected representatives" have passed laws implementing these anti-freedom concepts. The communists have achieved a de facto FEDERAL SOCIALIST GOVERNMENT in America.

http://www.criminalgovernment.com/docs/planks.html WHAT'S IT GONNA TAKE ~ ZOMBIFIED AMERICANS WILL WALK RIGHT INTO THE OVENS OF OPPRESSION AND ASK THEN TO TURN UP THE HEAT!

THE REST OF US WILL FIGHT  

Comment by suzie on September 18, 2012 at 6:06pm

I AM NOT A 14TH AMENDMENT SLAVE ~ MY RIGHTS COME FROM GOD ~ 

AND THE GREAT EQUALIZER ~ THE SECOND AMENDMENT 

Comment by suzie on September 18, 2012 at 5:57pm

we need to use the NDAA  and indefinately lock up all 536 0f them and lock them up in Guantanamo and give Iran the keys ~ oh and don't let any of the Bushes get away ~ special pick up for them and the clintons ~ equal protection and all ~ who the hell do they think they are ~ where are the american's who know the law? why doesn't someone stop them~ i am seriously thinking the flouride worked a little too good ~ where are the MARINES ~ for crying out loud WHY DO WE PAY THESE PEOPLE ~ more food more meds more ammo~ wt? this is not like the movies i saw as a kid that told me our soldiers fight to keep us free? who is protecting the weaker ones ~ woman /children who live here? STOP KILLING PEOPLE COME HOME AND TAKE OUR COUNTRY BACK! 

Comment by AZRanger on September 18, 2012 at 5:36pm

COMMENT DELETED

by Troy

Comment by apeman2502 on September 18, 2012 at 3:46pm

  the gay S&M buffs in the government stick together. This is becoming more and more apparent.

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