Omems sends us, "ProPublica's point-by-point discussion of why this year's NDAA might not allow for the indefinite detention of US citizens. As clear and concise a summary as I've seen, and provides a bit of hope that our rights aren't completely irrelevant to our representatives."
I don't know that I'd got that far. ProPublica concludes that some of the senators who voted for NDAA clearly believe (and intend) that it will be used to lock up American citizens and lawful residents forever, without a trial or any meaningful due process. And all of them expect that the NDAA will allow for indefinite detention without charge or trial for foreigners who are captured abroad, or who happen to visit the USA (tourists beware). As one of those foreigners who often visits the USA on a work-visa, I'm not exactly comforted by this news.
What about people detained in the U.S. who aren’t citizens or permanent residents?
They could still be indefinitely detained.
Human rights and civil libertarian groups criticized the amendment for falling short of the protections in the constitution under the Fifth Amendment, which says that any “person” in the U.S. be afforded due process.
In the floor debate, Feinstein said she agreed with critics that allowing anybody in the U.S. to be detained indefinitely without charges “violates fundamental American rights.” Feinstein said she didn’t think she had the necessary votes to pass a due-process guarantee for all.
Cutting through the Controversy about Indefinite Detention and the NDAA
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U.S. District Judge Katherine Forrest has issued a preliminary injunction against the clause in the National Defense Authorization Act that gave the administration the power to arrest people and hold them indefinitely, without a trial, if they were believed to support terrorism. She dismissed the government's arguments in support of the clause (NDAA §1021), which were just a rephrasing of Obama's bullshit, georgebushian signing statement, which consisted of "Nothing to see here" and "I'm a good guy, don't worry about it."
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"This court is acutely aware that preliminarily enjoining an act of Congress must be done with great caution," she wrote. "However, it is the responsibility of our judicial system to protect the public from acts of Congress which infringe upon constitutional rights. As set forth above, this court has found that plaintiffs have shown a likelihood of success on the merits regarding their constitutional claim and it therefore has a responsibility to insure that the public's constitutional rights are protected."
In a phone conference, the plaintiffs' attorneys Bruce Afran and Carl Mayer hailed what they called a "complete victory." "America is more free today than it was yesterday due to the courageous and righteous and very sound ruling by Judge Forrest," Mayer said. "I think this is a hugely significant development... I think it's also a testament to the courage of the plaintiffs here."
One of those plaintiffs, O'Brien, was also jubilant in a separate interview.
"I am extremely happy right now, and what I'm most happy about it is that this ruling has given me trust," O'Brien said, "Trust is the foundation of just and stable governments, and this ruling gives me hope that we can restore trust in the foundations of government."
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