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| Re: Obama Frees Five Prisoners From Gitmo! (1190382) | |||
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Re: Obama Frees Five Prisoners From Gitmo! |
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Posted by Dave on Mon Jun 2 10:25:24 2014, in response to Re: Obama Frees Five Prisoners From Gitmo!, posted by Nilet on Mon Jun 2 07:56:21 2014. Whether or not I believe in detention without charge or trial is irrelevant; in this case it's permissible by law.Section 1201 of the National Defense Authorization Act (NDAA) for 2012 permits indefinite detention without trial of any person, including a U.S. citizen, "who was 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." A legal challenge against the Act failed. See Hedges v. Obama. In May 2012, a federal court in New York issued a preliminary injunction which temporarily blocked the indefinite detention powers of NDAA Section 1021(b)(2) on the grounds of unconstitutionality. On October 2, 2012, the Second Circuit Court of Appeals ruled that the ban on indefinite detention would not go into effect until a decision on the Obama Administration's appeal had been rendered. SCOTUS refused on December 14, 2012, to lift the stay pending the appeal order issued by the U.S. Court of Appeals for the Second Circuit on October 2, 2012. The Second Circuit Court of Appeals overturned on July 17, 2013, the district court's ruling which struck down § 1021(b)(2) of NDAA as unconstitutional because the plaintiffs lacked legal standing to challenge it. The Supreme Court denied certiorari in an order issued April 28, 2014. Once again you're on the wrong side of the argument, Nilet. |
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