Thursday, September 13, 2012

NDAA's Indefinate Detention Provision Blocked by Judge

The National Defense Authorization Act was a great disappointment to civil libertarians.  However, they must take heart in this news:

Judge Rules Against Law on Indefinite Detention

From the NY Times article:
...the debate over the balance between national security and civil liberties is still unfolding 11 years after the terrorist attacks of Sept. 11.

In the detention case, Judge Katherine B. Forrest of the United States District Court for the Southern District of New York issued a permanent injunction barring the government from relying on the defense authorization law to hold people in indefinite military detention on suspicion that they “substantially supported” Al Qaeda or its allies — at least if they had no connection to the Sept. 11 attacks.

The United States has been detaining terrorism suspects indefinitely since 2001, relying on an authorization by Congress to use military force against perpetrators of the Sept. 11 attacks and those who helped them. Last year, Congress decided to create a federal statute that codified authority for such detentions.
I hope the Federal Courts continue to uphold constitutional principles as Judge Forrest has done in this case.

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