SALON

Monday, Sep 17, 2012 11:33 PM UTC

Obama fights for indefinite detention

The administration's lawyers seek to appeal a judge's injunction against NDAA

By

Topics: Barack Obama, Chris Hedges, National security, Biggest story you missed, ,

Obama fights for indefinite detention

Last week, it looked like a controversial provision in the National Defense Authorization Act (NDAA) would be struck down — namely, the ability to indefinitely detain American citizens. In January, a group of seven renowned journalists, activists and thinkers including Chris Hedges, Daniel Ellsberg and Noam Chomsky sued the president over the provision and gained an ostensible victory last week. U.S. District Judge Katherine Forrest made a permanent injunction of the provision. “In short,” as Hedges noted in his recent Truth Dig column, “she declared the law unconstitutional.” However, the issue of indefinite detention of U.S. citizens is far from closed. The Obama administration instantly challenged Judge Forrest’s decision.

Hedges:

Government prosecutors called [Forrest's] opinion “unprecedented” and said that “the government has compelling arguments that it should be reversed.” The government added that it was an “extraordinary injunction of worldwide scope.” Government lawyers asked late Friday for an immediate stay of Forrest’s ban on the use of the military in domestic policing and on the empowering of the government to strip U.S. citizens of due process. The request for a stay was an attempt by the government to get the judge, pending appeal to a higher court, to grant it the right to continue to use the law. Forrest swiftly rejected the stay, setting in motion a fast-paced appeal to the 2nd U.S. Circuit Court of Appeals and possibly, if her ruling is upheld there, to the Supreme Court of the United States. The Justice Department sent a letter to Forrest and the 2nd Circuit late Friday night informing them that at 9 a.m. Monday the Obama administration would ask the 2nd Circuit for an emergency stay that would lift Forrest’s injunction. This would allow Obama to continue to operate with indefinite detention authority until a formal appeal was heard. The government’s decision has triggered a constitutional showdown between the President and the judiciary.

 

“This may be the most significant constitutional standoff since the Pentagon Papers case,” said Carl Mayer, co-lead counsel for the plaintiffs.

 

Continue Reading Close

Natasha Lennard is an assistant news editor at Salon, covering non-electoral politics, general news and rabble-rousing. Follow her on Twitter @natashalennard, email nlennard@salon.com. More Natasha Lennard.

Next Article

Related Stories

Featured Slide Shows

What To Read Awards: Top 10 Books of 2012 slide show

close X
  • Share on Twitter
  • Share on Facebook
  • Thumbnails
  • Fullscreen
  • 1 of 10
  • 10. "The Guardians" by Sarah Manguso: "Though Sarah Manguso’s 'The Guardians' is specifically about losing a dear friend to suicide, she pries open her intelligent heart to describe our strange, sad modern lives. I think about the small resonating moments of Manguso’s narrative every day." -- M. Rebekah Otto, The Rumpus

  • 9. "Beautiful Ruins" by Jess Walter: "'Beautiful Ruins' leads my list because it's set on the coast of Italy in 1962 and Richard Burton makes an entirely convincing cameo appearance. What more could you want?" -- Maureen Corrigan, NPR's "Fresh Air"

  • 8. "Arcadia" by Lauren Groff: "'Arcadia' captures our painful nostalgia for an idyllic past we never really had." -- Ron Charles, Washington Post

  • 7. "Gone Girl" by Gillian Flynn: "When a young wife disappears on the morning of her fifth wedding anniversary, her husband becomes the automatic suspect in this compulsively readable thriller, which is as rich with sardonic humor and social satire as it is unexpected plot twists." -- Marjorie Kehe, Christian Science Monitor

  • 6. "How Should a Person Be" by Sheila Heti: "There was a reason this book was so talked about, and it’s because Heti has tapped into something great." -- Jason Diamond, Vol. 1 Brooklyn

  • 4. TIE "NW" by Zadie Smith and "Far From the Tree" by Andrew Solomon: "Zadie Smith’s 'NW' is going to enter the canon for the sheer audacity of the book’s project." -- Roxane Gay, New York Times "'Far From the Tree' by Andrew Solomon is, to my mind, a life-changing book, one that's capable of overturning long-standing ideas of identity, family and love." -- Laura Miller, Salon

  • 3. "Billy Lynn's Long Halftime Walk" by Ben Fountain: "'Billy Lynn's Long Halftime Walk' says a lot about where we are today," says Marjorie Kehe of the Christian Science Monitor. "Pretty much the whole point of that novel," adds Time's Lev Grossman.

  • 2. "Bring Up the Bodies" by Hilary Mantel: "Even more accomplished than the preceding novel in this sequence, 'Wolf Hall,' Mantel's new installment in the fictionalized life of Thomas Cromwell -- master secretary and chief fixer to Henry VIII -- is a high-wire act, a feat of novelistic derring-do." -- Laura Miller, Salon

  • 1. "Behind the Beautiful Forevers" by Katherine Boo: "Like the most remarkable literary nonfiction, it reads with the bite of a novel and opens up a corner of the world that most of us know absolutely nothing about. It stuck with me all year." -- Eric Banks, president of the National Book Critics Circle

  • Recent Slide Shows

  • Share on Twitter
  • Share on Facebook
  • Thumbnails
  • Fullscreen
  • 1 of 10

Related Videos

More Related Stories

Comments

 15 Comments

Comment Preview

Your name will appear as username ( profile | log out )

You may use these HTML tags and attributes: <a href=""> <b> <em> <strong> <i> <blockquote>

follow salon

Most Read

From Around the Web

Recommendations