[GPSCC-chat] The NDAA's section 1021 coup d'etat foiled
Brian Good
snug.bug at hotmail.com
Sat May 19 15:01:24 PDT 2012
By Naomi Wolf
Excerpts:
US district judge Katherine Forrest, in New York City's eastern
district, found that section 1021 –
the key section of the National
Defense Authorization Act (NDAA) – which had been rushed into
law amid
secrecy and in haste on New Year's Eve 2011, bestowing on any president
the power
to detain US citizens indefinitely, without charge or trial,
"facially unconstitutional". Forrest
concluded that the law does indeed
have, as the journalists and peaceful activists who brought
the lawsuit
against the president and Leon Panetta have argued, a "chilling impact
on first
amendment rights". Her ruling enjoins that section of the NDAA
from becoming law.
[Plantiffs include] Chris Hedges of the Nation Institute, editor Jennifer Bolen of RevolutionTruth,
Noam Chomsky, Daniel Ellsberg, co-founder of Occupy London Kai
Wargalla, Days of Rage editor
Alexa O'Brien, and the Icelandic
parliamentarian and WikiLeaks activist Birgitta Jónsdóttir.
[Judge Forrest notes that under section 1021] "An individual could run the risk of substantially
supporting or
directly supporting [a terrorist-] associated force without even being aware that
he
or she was doing so."
What truly disturbed me in that courtroom was the terrible fragility of
all the checks to power
that are supposed to be in place to protect us
against such assaults on democracy. Many
senators, including my own,
Chuck Schumer, had sent out letters to their own worried
constituents
flat-out denying our fears about what section 1021 does. No major news
media
organisations attended the original hearing (except Paul Harris of
the Guardian and Observer).
The trial and the NDAA itself have been so
inadequately reported by mainstream outlets that
I keep running into
senior editors and lawyers who have never heard of it.
This darkness is so dangerous not least because a new Department of
Homeland Security
document trove, released in response to a FOIA request
filed by Michael Moore and the
National Lawyers' Guild, proves in
exhaustive detail that the DHS and its "fusion centers"
coordinated with
local police (as I argued here, to initial disbelief), the violent crackdown
against Occupy last fall.
http://www.guardian.co.uk/commentisfree/cifamerica/2012/may/17/ndaa-section-1021-coup-detat-foiled
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