On Tuesday morning, civil rights lawyers representing Chris Hedges, Noam Chomsky, Naomi Wolf, Daniel Ellsberg and three other activists argued for a permanent injunction against a section of the 2012 National Defense Authorization Act, which would theoretically allow the indefinite detention of American citizens by the military.
The lawsuit, filed in January, specifically targets a vague paragraph that identifies potential detainees as: “A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.”
The government argued that the law had not granted any new powers to the military, the Village Voice reported. It had only reiterated what Congress had authorized shortly after 9/11.
Judge Katherine Forrest, who granted a temporary injunction against the disputed section earlier this year, did not seem convinced, according to the Voice. Even though Forrest ended the hearing by saying she had not made up her mind, the government has already appealed in a higher court.