Legal Analysis

Harvard Law Record

Harvard Law Record

Indefinite Detention under the NDAA: The Great Attack on Civil Liberties You May Not Have Heard About

“Put these sections together and a scary picture emerges in which a person accused of being a member of a terrorist group, or even of substantially supporting one, can be detained by the military as long as the United States is at war with al-Qaeda.”

Full Article

Congressman Justin Amash

Congressman Justin Amash

The Truth About the New Detainee Policy

“On Thursday, Congress gave the President sweeping new power to detain American citizens indefinitely, without charge or trial. A provision in the National Defense Authorization Act (NDAA) empowers the President to detain anyone who “substantially supported” groups he determines are “associated forces” of terrorists.”

Full Article

American Civil Liberties Union

American Civil Liberties Union

President Obama Signs Indefinite Detention Bill Into Law

“President Obama’s action today is a blight on his legacy because he will forever be known as the president who signed indefinite detention without charge or trial into law…The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by this and future presidents to militarily detain people captured far from any battlefield.”

Full Article

The Justia Verdict

The Justia Verdict

The NDAA Explained

“When future historians inquire into how the practice of indefinite military detention without trial became formally entrenched in a country with such strong constitutional safeguards and stringent criminal justice guarantees, they will find that it did not happen all at once, but rather via a series of incremental steps. President Obama is now responsible for three of them.

The first was to justify indefinite detention in litigation opposing the release of detainees held at Guantanamo; the second was to issue an executive order on indefinite detention, and the third was to sign the NDAA.”

Full Article

Professor Johnathan Turley

Professor Johnathan Turley

The Final Curtain: Obama Signs Indefinite Detention of Citizens into Law as Final Act of 2011

“For civil libertarians, the NDAA is our Mayan moment. 2012 is when the nation embraced authoritarian powers with little more than a pause between rounds of drinks.”

Full Article

National Lawyer's Guild

National Lawyer's Guild

Amicus Brief

“BRIEF OF AMICI CURIAE NATIONAL LAWYERS GUILD, THE CENTER FOR COMPETITIVE DEMOCRACY, AND RALPH NADER IN SUPPORT OF PETITIONERS “\

Full Brief

Abner Mikva, William S. Sessions and John J. Gibbons

Abner Mikva, William S. Sessions and John J. Gibbons

Beyond Guantanamo

“Legislation now making its way through Congress would seek to overmilitarize America’s counterterrorism efforts, effectively making the U.S. military the judge, jury and jailer of terrorism suspects, to the exclusion of the FBI and local and state law enforcement agencies. As former federal judges, we find this prospect deeply disturbing.”

Full Article

U.S District Court Judge Katherine Forrest

U.S District Court Judge Katherine Forrest

Sections 1021 (b) 2 of the NDAA is Unconstitutional, Filed Injunction

“This Court has stated its position as directly presented to it by the Government I that the AUMF and § 1021(b) (2) are not the same; they are not co-extensive. Military detention based on allegations of “substantially supporting” or “directly
supporting the Talibanl al-Qaeda or associated forces, is not encompassed within the AUMF and is enjoined by this Order regarding § 1021(b) (2). No detention based upon § 1021(b) (2) can occur.”

Full Injunction (Stayed by higher court re: standing)

Hedges V. Obama

Hedges V. Obama

Lawsuit and Case Documents

Full lawsuit against section 1021 (b) 2 of the 2012 National Defense Authorization Act, including Amicus Briefs, Transcripts, and Rulings.

Document List

People Against the NDAA

People Against the NDAA

Response to House Armed Services Committee 2013 Report

“Firstly, let’s cover the question of Habeas Corpus. Not a single group arguing against the NDAA in any meaningful form has come out and said “habeas has been suspended.” This is a red herring, used by Congress to confuse Americans.”

Full Response

People Against the NDAA

People Against the NDAA

Top Myths About the NDAA

“This particular volume is our first foray into challenging, debunking, and correcting the various myths thrown out by those with good, and evil, intentions regarding the 2012 NDAA. In this series, you will find some of the most popular, and most rare, myths you will face when educating others about the NDAA and the dangers it poses to our rights and the future of our country.”

Full Report

 

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