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Obama Defies NDAA Ruling

Teri- Oregon 2012/06/10 05:57:24

When 4th District Court Judge Katherine Forrest ruled the NDAA
unconstitutional, there was wide rejoicing across the internet. Posts
from prominent civil liberties activists like journalist David Seaman
rang out with “VIICCTOOORRYY!” A Russia Today newscast, titled the
ruling “NDAA Shot Down, But Threats Remain”, seemed to imply that the
fight was over, or “on hold.” But it was only just beginning.


Do you remember, from your high school or college government courses,
when they talked about the court having “neither the power of the sword
nor the purse?” That means the High Courts of the United States cannot
force the government to accept their ruling. They can heavily imply it,
but they have no power to force government compliance. When the Supreme
Court ruled against the government in Worcester v. Georgia, President
Andrew Jackson is famous for having responded: “[Justice] John Marshall
has made his decision, now let him enforce it.”


The tyrannical U.S. Government has taken the exact same tack with the
ruling against them on the NDAA. But first, let’s quickly recap exactly
how weak the government case in favor of the NDAA actually was. In
Hedges v. Obama, the government routinely avoided the judge’s questions
and demands:

The Court: “When we are talking about cases which have
used the phrase ‘substantially supported’ and said that that is a valid
criterion under the AUMF or of the legislation, that’s not the same
thing as saying that . . . any court has found, one way or the other,
that ‘substantially supported’ has an understandable meaning to an
ordinary citizen?”


The Government: “It’s true that the courts have not expressly ruled that, that’s right.”


The Court: Give me an example. Tell me what it means to substantially support associated forces.


Government: I’m not in a position to give specific examples.


The Court: Give me one.


Government: I’m not in a position to give one specific example.


Later…


The Court: “Assume you were just an American citizen and
you’re reading the statute and you wanted to make sure you do not run
afoul of it because you are a diligent U.S. citizen wanting to stay on
the right side of §1021, and you read the phrase ‘directly supported’.
What does that mean to you?”


Government: Again, it has to be taken in the context of armed conflict informed by the laws of war.


Court: That’s fine. Tell me what that means?


The Government: “I cannot offer a specific example. I don’t have a specific example.”


After seeing the ridiculous responses the government had given her,
and finding that even the government could not define those terms, Judge
Katherine Forrest issued her ruling against the NDAA, stating:


“This measure has a chilling impact on first amendment rights.”


She then granted her temporary injunction:


“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.


Accordingly, this Court finds that the public interest is best served by the issuance of the preliminary relief recited herein.”


This should be the end of it. This landmark case should be a victory
for Americans, the Constitution, and the Bill of Rights. The judge
clearly states “the public’s constitutional rights” and “the public
interest.” Hey, I’m a part of the public, so I’m protected now!


Not so fast. Our tyrannical government, in one sentence, has chosen to defy a ruling by a federal judge.


“The government construes this Court’s Order as applying only as to the named plaintiffs in this suit.”


Just when you want to believe that there are good people in the
highest levels of our federal government, statements like this bring you
back to reality. The government continued:


“Although the Order fails to comply with Fed. R. Civ. P.
58, and the concluding paragraph of the Order is not, on its face, clear
as to whom the injunction benefits, the government reads it in light of
the well-established principle that courts “neither want nor need to
provide relief to nonparties when a narrower remedy will fully protect
the litigants”


Excuse me? Let’s very quickly compare Federal District Court Judge Katherine Forrest’s Order…:


“Accordingly, this Court finds that the public interest is best served by the issuance of the preliminary relief recited herein”


…with the government’s response:


“The government construes this Court’s Order as applying only as to the named plaintiffs in this suit.”


The Judge said her order was to protect the public interest. No
informed human being could read it otherwise. Yet, according to the
government, they can still detain you because you are not a named
plaintiff. Our government is so entwined in a power grab that they will
stop at nothing, even twisting court orders, to strip us of our
Constitutional rights.


The government defied the court, the Constitution, and our Founding Fathers. It stops here.


There is no more time for procrastination, for hoping the government
will fix itself. There is no more time to rely on the courts. There is
no time to rely on Congress. The time to act is now.


It is now up to “We the People” to take down this tyranny.


Join the movement to repeal the NDAA: http://www.peopleagainstndaa.com/joinus.php


People Against the NDAA – Unite! http://www.youtube.com/watch?v=_8BBD1v_Ivs


PANDA’s First Victory: http://members.beforeitsnews.com/story/2162/657/Pennsylvania_Constable_to_Nullify_NDAA_and_Patriot_Act.html

Read More: http://www.westernjournalism.com/obama-defies-fede...

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Top Opinion

  • Striker 2012/06/10 13:19:45
    Striker
    +3
    Thanks for posting good news. Thanks also for a writer who can present legalese in a way which we lay people can understand without being bored to tears.

    NDAA isn't even the larger issue here, is it? This reveals what could easily become yet another Constitutional crisis over the powers of some Rulers over other Rulers.

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Opinions

  • Tom 2012/06/13 03:25:41
    Tom
    +1
    Doesn't Surprise Me
  • Herb 2012/06/10 23:43:28
    Herb
    +1
    he will listen when his ass it thrown out.
  • Dagon 2012/06/10 23:21:34
  • DeeB 2012/06/10 23:13:53
    DeeB
    +1
    You all saw how the people screamed NO to Obamacare and they refused to listen or care what the people wanted. This can't be surprising to anyone, he refuses to go to court when ordered to. And what has happened to him? Nothing! We have a runaway tyrranical government that has to be dismantled from the top down. NO ONE should be taking any orders at all from that illegal alien that is squatting in OUR White House. Stand up and be counted.
  • ur XLNC-PWCM 2012/06/10 17:14:46
    ur XLNC-PWCM
    +1
    Obama's government needs to be eradicated!
  • mal 2012/06/10 15:45:48
    mal
    +1
    "Warning" , Dictatorship in progress....
  • ray 2012/06/10 14:33:06
    ray
    +2
    Obama has a Disdain for the courts and ignores court orders at will.
  • Striker 2012/06/10 13:19:45
    Striker
    +3
    Thanks for posting good news. Thanks also for a writer who can present legalese in a way which we lay people can understand without being bored to tears.

    NDAA isn't even the larger issue here, is it? This reveals what could easily become yet another Constitutional crisis over the powers of some Rulers over other Rulers.
  • D D 2012/06/10 07:48:01
    D D
    +1
    I knew NDAA wasn't gone. lol. Anyone who thought so was naive. Court rulings having to do with the government they do not enforce. According to the constitution the enforcement is to come from the people. The 2nd amendment folks.

    Remember too that even if the court rules against Obamacare the gov doesn't have to go by it.
  • chaoskitty123 2012/06/10 06:28:18
    chaoskitty123
    +3
    You have to remember that Jackson was the first President to almost be impeached for acting like a dictator.
  • S. Gompers 2012/06/10 05:59:19
    S. Gompers
    +2
    McCain must be happy as well.

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