"It is emphatically the province of the Judicial Department to say what the law is."
Chief Justice John Marshall
The unconstitutional NDAA is truck down by a Federal Judge
- The NDAA gave the President the right have the military lock up people forever without a trial.
- This unconstitutional insanity to abolish the Bill of Rights was eagerly passed by idiots in both the Republican and Democrat parties in Congress.
Using the "war" on terror as the excuse the bi-partisan Big Government morons in Congress are more than happy to abolish the Bill of Rights slice by slice. Our Federal Courts, the last fragment of the Federalist Party, are the only thing standing between us and unconstitutional authoritarianism.
One has to wonder how we managed to defeat Nazi Germany, Fascist Italy and the Empire of Japan without this stupid NDAA law.
|Judge Katherine Forrest was|
appointed by Obama but she
struck down the law Obama
A brave New York federal judge, appointed by Obama, did exactly as the Founding Fathers intended. As an independent lifetime appointed judge she shot down part of a controversial anti-terror law that journalists and scholars worry could see them locked up indefinitely for speaking their minds.
AFP News reports that Judge Katherine Forrest issued a ruling that permanently blocked a section of the unconstitutional National Defense Authorization Act signed by Comrade Obama at the end of last year authorizing the detention of US citizens accused of supporting terror groups.
The suit was brought by activists, including former New York Times journalist Chris Hedges and outspoken academic Noam Chomsky, who said the law was vague and could be used to curtail reporters' and other civilian citizens' right to free speech guaranteed under the US Constitution's First Amendment.
They also argued that the Fifth Amendment, guaranteeing Americans' legal rights, was threatened.
In her ruling, Forrest said the plaintiffs did "present evidence that First Amendment rights have already been harmed and will be harmed by the prospect of (the law) being enforced. The public has a strong and undoubted interest in the clear preservation of First and Fifth Amendment rights."
The court "permanently" halts enforcement of that part of the law after it issued a preliminary injunction against it in May, Forrest said, calling on Congress to reexamine the measure.
The section of the law, signed by Obama on New Year's Eve, allows the US military to detain anyone accused of supporting the Taliban or Al-Qaeda until "the end of hostilities."
Forrest, in her ruling, said "no detention based upon (the measure) can occur" because it was beyond the scope of the law.
(AFP - Google News)
NDAA: Judge Strikes Down Indefinite Detention Provision