President Barack Obama must surely rue the day he appointed Katherine Forrest to the federal bench. On Wednesday, U.S. District Judge Katherine Forrest issued a preliminary injunction against Section 1021 of the National Defense Authorization Act (NDAA), the section that gives the President “the absolute power to arrest and detain citizens of the United States [and of other countries] without their being informed of any criminal charges, without a trial on the merits of those charges, and without a scintilla of the due process safeguards protected by the Constitution of the United States,” in the words of The New American’s Joe Wolverton, II. Wolverton should know: He was a member of the legal team representing the plaintiffs.
Judge Katherine Forrest of the U.S. District Court for the Southern District of New York issued a preliminary injunction on Wednesday preventing the Obama administration from exercising the indefinite detention authority ostensibly granted the President by Section 1021 of the National Defense Authorization Act for 2011.
Despite Secretary of Defense Leon Panetta's assurances to the contrary, U.S. troops will be sent back to Yemen to help the Yemeni government track and kill militants associated with al-Qaeda in the Arab Peninsula (AQAP).
As the National Defense Authorization Act (NDAA) for Fiscal Year 2013 comes before the House of Representatives, Congressmen Adam Smith and Justin Amash offer an amendment forbidding indefinite detention.
On Thursday morning, the House Armed Services Committee passed the 2013 version of the National Defense Authorization Act (NDAA); the provision providing for the indefinite detention of Americans remains in the bill.
In a letter published in Foreign Affairs, the official journal of the Council on Foreign Relations, Senator Carl Levin claims that the NDAA only reaffirms existing law and that America is safer since its enactment.
The partisan squabbling over the killing of Osama bin Laden is a typical election-year distraction, effectively squelching discussion of more important matters one year after the execution of the al-Qaeda chief executive. While the commentators are engaged in trivialities, big foreign-policy questions are ignored.