Journalists, activists press on in lawsuit against the NDAA detention provisions

April 1, 2014 by History in a Hurry

Fighting the Militarized State

Posted on Mar 30, 2014

By Chris Hedges

The Barack Obama administration, determined to thwart the attempt by other plaintiffs and myself to have the courts void a law that permits the military to arrest U.S. citizens, strip them of due process and indefinitely detain them, has filed a detailed brief with the Supreme Court asking the justices to refuse to accept our petition to hear our appeal. We will respond within 10 days.

[…]

If Section 1021(b)(2) is not struck down by the Supreme Court it will effectively overturn nearly 150 years of case law that repeatedly holds that the military has no jurisdiction over civilians. A U.S. citizen charged by the government with “substantially supporting” al-Qaida, the Taliban or those in the nebulous category of “associated forces” will be lawfully subject to extraordinary rendition on U.S. soil. Arrested citizens will languish in military jails, in the language of Section 1021(b)(2), until “the end of hostilities.”

This obliteration of the right to due process and a fair hearing in a court of law, along with the mass surveillance that has abolished our right to privacy, will be the legal foundation of our militarized, corporate state. Judge Forrest warned in her 112-page opinion that whole categories of Americans could, under this law, be subject to seizure by the military. She drew parallels between Section 1021(b)(2) and Korematsu v. United States, the 1944 Supreme Court ruling that supported the government’s use of the military to detain 110,00 Japanese-Americans in internment camps during World War II. Our case offers the court an opportunity, as several lawyers have pointed out, to not only protect almost 150 years of domestic law that forbids the military to carry out domestic policing but to repudiate the shameful Korematsu decision.

Once arbitrary and indefinite detention by the military is lawful, the government will use it. If we do not win this case, all those deemed to be hostile or critical of the state, including some Muslims, journalists, dissidents and activists, will find themselves under threat.

[…]

http://www.truthdig.com/report/item/fighting_the_militarized_state_20140330

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