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Obama administration: Trust us on detention


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Guest No Ammo
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http://www.wnd.com/2012/08/obama-administration-trust-us-on-detention/

( More of story in link)

The Obama administration is pulling out all the stops in its defense of a provision in a federal law that critics say allows the unrestricted detention of Americans should Washington decide the citizens are in “support†of any terror group or activity.

This from a government that previously has called those who support third-party presidential candidates, the Second Amendment or pro-life positions possible domestic terrorists.

Just this week, the Obama administration appealed to the 2nd Circuit Court of Appeals a district judge’s decision to grant a temporary injunction against the enforcement of the detention provision, which is found in the most recent National Defense Authorization Act, signed into law by Obama just last winter.

The notice states the Obama administration is appealing the preliminary injunction as well as an order from the judge that the injunction bars the enforcement of the provision against anyone. Further, the Obama administration is upset that the judge denied its motion for reconsideration.

At the same time, Obama administration officials have filed a memorandum with the U.S. District Court where Judge Katherine B. Forrest issued the injunction because of the possible injury to citizens, including the loss of their rights.

Her ruling came after Justice Department officials refused to affirm that the journalists and others who brought the lawsuit would not be subject to detention for their work.

Wait, said Preet Bharara, the U.S. attorney for the Southern District of New York, and assistants Benjamin H. Torrance and Christopher B. Harwood.

Their response in the newest filing was that the plaintiffs are protected. But the affirmation was conditional.“As a matter of law, individuals who engage in the independent journalistic activists or independent public advocacy described in plaintiffs’ affidavits and testimony, without more, are not subject to law of war detention as affirmed by section 1021(a)-©, solely on the basis of such conduct.â€

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