US Judge Strikes Down NDAA’s ‘Indefinite Detention’
U.S. District Court Judge Katherine Forrest made permanent an injunction against enforcement of Section 1021 of the National Defense Authorization Act, which was declared unconstitutional. Section 1021 is a provision that allows the federal government to have the military detain and hold indefinitely any person, including U.S. citizens, on simply claiming that they are suspected of terrorism or involved with terrorists and requires absolutely no evidence be provided against them. No due process is given to the detainee. consequently Section 1022 is tied to 1021 in that it requires military custody, not local authorities.
Judge Forrest said the section was a “chilling impact on First Amendment rights.”
The NDAA’s indefinite detention policy was signed into law by Barack Obama on January 1 of this year, supported by members of the Democrat, as well as, the Republican Parties and was supported by the Republican candidate for President Mitt Romney during the primary debates.
The Obama administration took only a few hours to file an appeal of the judge’s ruling and attorneys even asked her to halt enforcement of her order.
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