Bloomberg reports,

The U.S. asked a judge to delay implementation of an order permanently blocking enforcement of a law that opponents claim may subject them to indefinite military detention for speech protected by the Constitution.

The Justice Department today asked U.S. District Judge Katherine Forrest for a stay of the Sept. 12 decision, in a case challenging a provision of the National Defense Authorization Act for 2012. In the ruling, Forrest extended a preliminary injunction against the law that she had entered in May.

Forrest ruled that the law violates rights guaranteed by the First, Fifth and 14th Amendments to the U.S. Constitution.

Forrest, in her order, writes “The court repeatedly asked the government whether those particular past activities could subject plaintiffs to indefinite military detention; the government refused to answer.”

“The Constitution places affirmative limits on the power of the executive to act, and these limits apply in times of peace as well as times of war,” she continued.

She wrote that the law “impermissibly impinges on guaranteed First Amendment rights and lacks sufficient definitional structure and protection to meet the requirements of due process.”

“This court rejects the government’s suggestion that American citizens can ...



Bloomberg reports,

The U.S. asked a judge to delay implementation of an order permanently blocking enforcement of a law that opponents claim may subject them to indefinite military detention for speech protected by the Constitution.

The Justice Department today asked U.S. District Judge Katherine Forrest for a stay of the Sept. 12 decision, in a case challenging a provision of the National Defense Authorization Act for 2012. In the ruling, Forrest extended a preliminary injunction against the law that she had entered in May.

Forrest ruled that the law violates rights guaranteed by the First, Fifth and 14th Amendments to the U.S. Constitution.

Forrest, in her order, writes “The court repeatedly asked the government whether those particular past activities could subject plaintiffs to indefinite military detention; the government refused to answer.”

“The Constitution places affirmative limits on the power of the executive to act, and these limits apply in times of peace as well as times of war,” she continued.

She wrote that the law “impermissibly impinges on guaranteed First Amendment rights and lacks sufficient definitional structure and protection to meet the requirements of due process.”

“This court rejects the government’s suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention, and have as their sole remedy a habeas petition adjudicated by a single decision-maker (a judge versus a jury), by a ‘preponderance of the evidence’ standard,” wrote Forrest

“That scenario dispenses with a number of guaranteed rights,” she wrote.

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