Thursday, May 17, 2012

Plugging Holes and Buying Time

U.S. District Judge Katherine Forrest in Manhattan, an Obama appointee, ruled on Wednesday that Section 1021 of the [National Defense Authorization Act] likely violated due process rights guaranteed by the Fifth Amendment and free press rights guaranteed by the First Amendment.

A group of journalists and activists had filed a lawsuit against President Barack Obama, Secretary of Defense Leon Panetta and a slew of lawmakers in January.

[...]

Lawyers representing the government had argued that the law merely restated the Authorization for Use of Military Force (AUMF), a law that allowed the President to “use all necessary and appropriate force” against those who had perpetrated the September 11 terrorist attacks. But Forrest noted that the AUMF was “tied directly and only to those involved in the events of 9/11,” while Section 1021 was much less specific.

Forrest said the issue could be resolved if Congress adds definitional language to the statute.

“Ever since the law has come out, and because the law is so amorphous, the problem is you’re not sure what you can say, what you can do and what context you can have,” [journalist Chris] Hedges told the Associated Press.

  Raw Story
I think that's the point.

UPDATE:  summary breakdown of the case and ruling
Good article. Snippets:
Significantly, the court here repeatedly told the DOJ that it could preclude standing for the plaintiffs if they were willing to state clearly that none of the journalistic and free speech conduct that the plaintiffs engage in could subject them to indefinite detention. But the Government refused to make any such representation.
The Government was unable to define precisely what ”direct” or “substantial” “support” means. . . .Thus, an individual could run the risk of substantially supporting or directly supporting an associated force without even being aware that he or she was doing so.
Unable.  Or unwilling.

...but hey, do what you want...you will anyway.

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