On Monday lawyers representing the Obama administration filed an appeal challenging an injunction issued by a federal judge in May barring the enforcement of the indefinite detention provision of the National Defense Authorization Act (NDAA). This was likely a premature response to a ruling expected on a hearing held Tuesday to make the temporary injunction permanent.
Oral arguments on a request filed by plaintiffs to permanently enjoin the federal government from enforcing the indefinite detention provisions of the NDAA were heard Tuesday during four hours of questions and answers, but at press time the court had issued no ruling.
Curiously, not a single outlet of the mainstream media reported this important event.
On May 16 Judge Katherine Forrest (left photo, above) of the U.S. District Court for the Southern District of New York issued a preliminary injunction preventing the Obama administration from exercising the indefinite detention authority granted the President by Section 1021 of the NDAA.
In the 68-page opinion accompanying the temporary injunction order, Judge Forrest disagreed with the federal government’s argument that the relevant provisions of the NDAA merely restate existing law. She wrote: “Section 1021 is not merely an ‘affirmation’ of the AUMF [Authorization for the Use of Military Force].”
Pointing out that were Section 1021 and the AUMF identical then the former would be redundant, Judge Forrest held:
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Photo: Judge Katherine Forrest (left) Chris Hedges (right)