NDAA Indefinite Detention: Was Illegal Over Weekend, Now Legal Again


b020b_vj-lohier1Last week a Us district judge struck down the National Defense Authorization Act’s (NDAA) Section on “indefinite detention.” Her order, dated September 12, 2012, barely made it through the weekend before a federal judge bowed his knee to Barack Obama and not the Constitution and reinstated the Section.

Late Monday evening, in New York, federal judge Raymond Lohier, granted the Obama administration a stay that temporarily blocked Judge Katherine Forrest’s permanent block of the NDAA.

Politico reports,

U.S. Court of Appeals for the 2nd Circuit Judge Raymond Lohier issued a one-page order staying the district court judge’s injunction until a three-judge appeals court panel can take up the issue on September 28.

Lohier offered no explanation or rationale for the temporary stay. However, the Justice Department has asked the appeals court to block the injunction issued by U.S. District Court Judge Katherine Forrest last Wednesday.

The Obama administration has had the audacity to claim that Judge Forrest’s ruling was unconstitutional, while at the same time trying to uphold a law that is clearly unconstitutional and violates some of the more pertinent rights listed in the Bill of Rights, namely the Fourth and Fifth Amendments, which state:

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Furthermore the NDAA also is in direct violation of the “equal protection” clause of the 14th Amendment which states:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

RT reports,

With only Judge Lohier’s single ruling on Monday, the federal government has been once again granted the go ahead to imprison any person “who was part of or substantially supported al-Qaeda, the Taliban or associated forces that are engaged in hostilities against the United States or its coalition partners” until a poorly defined deadline described as merely “the end of the hostilities.” The ruling comes despite Judge Forrest’s earlier decision that the NDAA fails to “pass constitutional muster” and that the legislation contained elements that had a “chilling impact on First Amendment rights”

Because alleged terrorists are so broadly defined as to include anyone with simple associations with enemy forces, some members of the press have feared that simply speaking with adversaries of the state can land them behind bars.

Sadly our own government isn’t being detained for helping certain members of the terrorist group cited in the NDAA in places such as Libya and are now reaping the whirlwind of such support.

RT went on to report,

“A Department of Homeland Security bulletin was issued Friday claiming that the riots [in the Middle East] are likely to come to the US and saying that DHS is looking for the Islamic leaders of these likely riots,” Afran told Hedges for a blogpost published this week. “It is my view that this is why the government wants to reopen the NDAA — so it has a tool to round up would-be Islamic protesters before they can launch any protest, violent or otherwise. Right now there are no legal tools to arrest would-be protesters. The NDAA would give the government such power. Since the request to vacate the injunction only comes about on the day of the riots, and following the DHS bulletin, it seems to me that the two are connected. The government wants to reopen the NDAA injunction so that they can use it to block protests.”

NDAA is a big deal. If you think a job or the economy is a big deal, then you better pay more attention. I’m not discounting those things are important, but if you lose your freedom while looking at those as most important, what good are either of them? Sadly, many in America don’t even know what NDAA is or entails. I constantly get email asking me exactly what it is. It’s because people are more interested in the mud slinging and the political fluff of what their candidate said or did in a gaffe than they are deadly serious issues of freedom and tyranny. Both the Democrats and Republicans shut down any mention of a stand against NDAA in their platforms. Both candidates from each party support the NDAA as written.



  • http://profile.yahoo.com/YZILT7FI37IEGIGZ47H34VLVAY skyhawk

    Have many of these federal judges been overcome with a stupid virus? Or just switched to communists?

  • steveni

    Let me guess, this Judge is an Obama appointee.

  • Chuck

    I am confused about the National Defense Authorization Act. Isn’t it the latest version of the Patriot Act that dates back to the early years of the George W. Bush presidency as a result of the 911 attack? Now you claim outrage over provisions of this law but where was that outrage when the George W. Bush administration supported the Patriot Act ? This appears to be another example of the use of executive powers that were first taken by George W. Bush and now used by President Obama. You must also remember that the NDAA had to be passed by Republican controlled House of Representatives before it could be signed into law by President Obama.

    • http://www.facebook.com/jefferson.dowda Jefferson Dowda

      I guess you didn’t read my entire statement, too quick too defend the Communist in your party. Try reading what I said, pretty much repeated what you said, about both party’s, never mentioned Obama’s name, only the last true democrat and republican presidents. Both were good men, both supported and defended the Constitution, both believed the American People could and would overcome any and all odds, as long as government stayed out of the way, and they both proved it. I am not anti democrat, I am anti communist, and both partys are full of them, politicians that is. The people are mostly passionate about their party, and fail too see what it has become. That dosen’t make them bad, only ignorant for blindly following, and that includes all Americans who do this regardless of affiliation, bothe partys have the same agenda, removing the peoples ability to govern themselves, by making them believe government is the only way too solve their problems. Well, hows that working so far? Bankrupt postal service, most states, county and city governments near financial colapse, the dollar on the verge of colapse, energy dependant on foriegn oil, no American energy development, fosile or alternative, no jobs available now and continued restrictions and regulations on energy, and small business to the point of non=existance, corperations leaving for other nations with developed energy resources, low regulation, and strict trade laws that protect their business, as required by our constitution, but thats just another law broken by politicians, excutive branch total and open disregard of our constitution, in fact blatant defiance, right in our faces, (BOTH PARTYS), no state representation in DC as required by the constitution before the 17th amendment, we now have two house of representatives, there is no Senate by definition, and therefore why states have been all but taken out of government, Federal Regulation dictates what states can and cannot do, in other words, DC HAS BECOME A CENTERALIZED GOVERNMENT, we are no longer a Republic, but are a Democracy by definition, under MOB Rule. Check your history, see what has happend too every Democracy since the begining. They all fell too internal striff, Communisam, dictatorship, or were destroyed by outside forces. The Republic of The United States Of America, succeded as long as the constitution was suported and defended by the politicians and the people. We now fail, and are going too continue to fail, purposefully, unless WE THE PEOPLE change our attitudes towards politicians and government, and demand a return to our founding principles. We are failing, no action has been taken by Obama or the Republicans that will fix anything, nothing, do you hear me, wake up man, see the writing on the wall and stop with the political beliefs. How about a belief in the CONSTITUTION and nothing, or anyone else but, screw a party, we are loosing America over damned partys, and I for One am damned tired of hearing the same old political B/S, that has brought us to the brink of absolute destruction, and none of you, Republican or Democrat, give a good rats arse about the lose, only political affiliation. Get over yourselves and your stupid idealogical beliefs. The American Constitution should be first and foremost in every Americans mind, regardless of party, and anyone who dosen’t feel that way is a waste of space, because the Constitution if adhered too protects all Americans and provides a way to prosper. Government and Government alone, has caused this mess, by not governing according to our Constitution.

  • http://www.facebook.com/jefferson.dowda Jefferson Dowda

    If you think the Elitist in either party at this point, have your best interest at heart, you better think again. As the old saying goes, power corupts, and so does Communism. Greed, hunger for power, and the Communist party, have taken over completley the Democratic party. When was the last time there was a good man who became President or even ran for the office, that truly represented Democratic principles? JFK. When was the last time that a truly good man who became president or even ran for office, that truly represented Republican Principles? Ronald Reagan. I know alot of you will argue against this, but think about this, until JFK was murderd by a Communist, there were Conservative as well as Liberal Democrat Politicians and neither looked anything like the Progressive Liberals of today that are Obviously Marxist, Communist, or at the minimum Socialist. As well, there were up until Reagan left office, Conservative and Liberal Republican politicians, neither of which resemble the least bit the Progressive, backdoor Communist that have all but taken over the Republican Party. With few exceptions, Allen West, Ron Paul, Rand Paul, Trey Gowdey, Paul Ryan, and most of the time, Jim Demint, I know none that are true Republicans. This NDAA is a prime example, it won unanimous support in both houses, and it was about equal on both sides, those who voted against it, and they were few. Another example was the UN’s LOST treaty that went before the Senate just before this break. How many of you know that it failed to rattify by only one vote? This would have given our three mile security buffer on our coast lines to the UN. In other words, Iran could have parked a battelship on the West Palm Beach and we could not have done anything about it. The vote was 65-35, and both partys crossed lines, in fact, there were more Democrats voting against than Republicans, and the names are obvious, John POS McCain, Lindsey Qu__r Grahm, too name a couple. But the tragic thing here is, Obama and H Clinton are pushing this, and it is going to be brought back too the Senate this session along with the UN Small Arms Treaty, and with only one vote preventing the last pass thru and considering the current atmosphere and Senator POS Reed’s stand on gun control, just what chance do you think we have? Democrats, Republicans, Independants or whatever side of the Political spectrum you consider yourself, You had better re-establish within yourself, the values that your party or group once held, compare them too those who represent your party today, and realize, they do not believe as you do, even if they say they do, their actions PROVE OTHERWISE. Do not take my word for it, go look at the voting record for your Senators or Representatives, but especially the Senators, and then write them letters, call and email them, let them know you are watching and what you expect, then tell them what will happen at election time if they go against your wish. I am talking too all Americans, that love their freedom, and want their Republic back, and are tired of the Misrepresentation that has become the norm in DC. We The People, must re-unite what they have divided, by putting aside petty differances, regardless of party afilliation. Our Country, our Constitution, and our People are under a massive assault from the Enemy within. Please good people of all partys, stop letting the power hungry elitist, Communist Party wannabes in DC, divide us. Take a little time too objectively look at what both sides are doing, along with the media. Please do this before it is too late. We as a unified free people, can fix what has been badly damaged with some hard work, love and understanding, as well as a firm desire to keep what is rightfully ours, not what DC has decided too allow. That is not what the Constitution and our Founders intended, they limited the Federal Government to very little, but that very little was very important, and those limited powers, are about all that DC is not doing too us. Such as Maintaining a strong currency, protecting our borders, ensuring trade agreements are fair and equal, providing a STRONG and up too date, national defence, too name a few, and they have failed miserably at all of it, by fighting political wars for decades, instead of fighting a war too win and getting out, running around the constitution by telling Americans its a matter of security, humanity, or ecological necessity. That is the problem, you do not make your Constitution fit the situation, you make the situation fit the Constitution. We are the most generous nation in the world without our government giving our tax dollars away, we always have been generous in more ways than just monetary, we have sacrificed too many young lives too help others that usually end up hateing us anyway, usually because of Politicians keeping our soldiers in an area for years as targets, instead of doing the mission and leaving. Notice that all our problems are the result of POLITICIANS, and that would be because they are no longer politicians, they are little mini dictators, each one scurrying around in the dark, hiding what they are really doing, and removing our freedoms, recently on a daily basis. If we don’t Unite, they will conqure, it has never failed any tyrany, NEVER, research it, then compare the USA today too what it was just 20 years ago, then compare it too 50 yrs ago, then 100, then 200, and see, just what has been taken away over the last 100 years. We have given up too much already, we can not afford too give any more.

    • http://profile.yahoo.com/YZILT7FI37IEGIGZ47H34VLVAY skyhawk

      A lot of misconception there.

  • george3rd

    Does this help explain anything??? On February 8, 2010, Chucky Schumer announced that he would recommend Lohier for a seat on the United States Court of Appeals for the Second Circuit that was vacated by Sonia Sotomayor.[1] On March 10, 2010, President Barack Obama nominated Lohier to that seat.[3] On December 19, 2010, Lohier was confirmed by the Senate by a vote of 92-0. And who had control of The Senate???

    • http://www.facebook.com/jefferson.dowda Jefferson Dowda

      It really dosen’t matter who had control, the number of R’s and D’s that voted against it were about equal. Neither party is what they are supposed too be, both have the same agenda, power over the people, not govern according too the Constitution, and obeying their oath of office, which if so done, protects the people. Our founders gave us the greatest document ever written, 2nd only too the holy scriptures. They warned us against doing certain things, and gave us the warning signs too look for. But, most of all, they gave us avenues to correct our course when it becomes necessary. We have sleeped thru most of the warnings and wasted opportunity’s to fix it with little or no pain. We now will suffer greatly to correct the wrong that we allowed to take place, or we will suffer even more if we do not correct it, and sadly we will deserve what we get either way, for we allowed it to get too this point. There is no painless way out of this mess, but the benifit of taking control and getting things back too where America at least resembles itself again, will be greatly appreciated by those that follow us in the future. But if we continue to allow politicians, the freedom to take ours away, they will, and they will get more agressive with every instance that we sit idle, and do nothing. They must be held to their oath of office, and we must demand that any Constitutional infraction, be met with the most strict of punishment above and beyond the instant removal from office. And that court should consist of working class Americans in good standing with the Law, no appointed judges, and no attorneys, they should have to argue their reason for breaking their solem oath, no argument allowed to justify the law or action taken, only justification for violating their oath should be allowed. The court should be held immediatly upon discovery of the infraction, and punishment given on the day of court. If they were held to this standard, we would not see what we see today.

  • richbrat

    Romney will save us from the pansy liberals! The republicans are ALWAYS “right!” USA! USA! USA!… etc.

    • Sinbad

      Did you read the last sentance in the article?

    • flormae

      the republicans believed, if you were truely involved with the tallybon(as the freak would say) or al-qaeda, yes do so, but this nasty vile piece of subhuman organism will abuse the powers given to the rat bass turd, he had a soldier thrown in a mental institution, a judge got him out, for only one reason, ovomit the muzzie, didn’t want it to blow up in it’s face just before the election, this monster madman is about to lower the hammer with it’s cute little exe order#13603, that LITERALLY GIVES IT SUPREME POWER OVER EVERYTHING, FROM FOOD, WATER, MEDICINE, YOUR PERSONAL TRANSPORTATION, YOU NAME IT THIS FREAK WILL OWN IT LOCK STOCK AND BARREL ……… WAY TOO MANY OF YOU PEOPLE SUPPORT THIS LIZARD FROM HELL, YOU WILL RUE THE DAY THAT YOU DID.

    • Sinbad

      I don’t support either of them, so why are you yelling at me?

    • http://profile.yahoo.com/YZILT7FI37IEGIGZ47H34VLVAY skyhawk

      Then you should retract your head from it’s current location and support the American.

    • noelle2011

      NO he will NOT! ROMNEY IS GOING TO KEEP THIS AFTER ALL HE SAID HE WOULD HAVE SIGNED THIS ALSO IF HE WAS PRESIDENT!!!!!!!!!!!!!!!!!!!!!!!!!

  • http://www.facebook.com/people/David-Peacock/100001241183282 David Peacock

    is the n66er in this pic him???????

  • http://www.facebook.com/people/David-Peacock/100001241183282 David Peacock

    we the people are going to lose some blood to get this right.

  • REDD

    Looks like Obama has his tentacles stretched out everywhere. If they’re so bold and so brave, why don’t they just come out and publicly state that the Constitution no longer applies to any of us? That’s what you get when you put a Kenyan born Muslim in power, all mouth and no balls!!! He wants one of us to make the first move so he can falsely declare us all Radicals and carry on with his Cowardly Mission to overthrow our Government as we’ve all become accustomed to. What a Slimey, Slinky little worm!!!!

  • http://www.facebook.com/profile.php?id=1254545548 Jim Greaves

    Let’s not forget the “asset forfeiture” rules of recent notice. They can round us up now, and take our “assets” without having an arrest, or an indictment specifying charges, or even a trial, and under asset forfeiture, they can keep what ever they damned well please. Some animals are more equal than others, I guess. There WILL come a reckoning, biblical or not, and all those who think what this Abama-nation is doing is “ok” best be prepared to reap a whirlwind from those of us who do not accept it.

    • Rosie46

      And our worthless Congress does nothing. They should just go home and save us the money of supporting all of them. Obama has trashed the Constitution through all his executive orders and will continue to do so as long as he is allowed.

    • AmericaAwakens

      I understand that bho has made Congress (both bodies) irrelevant with specific rulings, executive orders, etc. WE THE PEOPLE have been lied to! Only the fools who idolize this fraud-in-chief are caught up in their own blind faith of a future Utopia and not understanding the consequences of the loss of liberties granted by our Creator; this joker is NO god! Our media spews only blatant propaganda dictated by the administration where only chosen topics are aired on the nightly news while other more vital and important news is discounted and regrettably disregarded….as if we are too stupid to know the difference!

    • http://profile.yahoo.com/YZILT7FI37IEGIGZ47H34VLVAY skyhawk

      As long as the idiot Reid and a Democrat majority is in the Senate, nothing constructive will be done.