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English Defense League logo. The slogan “In hoc signo vinces” roughly translates to “In this sign you will conquer.” [Source: BareNakedIslam (.com)]Florida pastor Terry Jones, who has achieved notoriety over his recent plans to burn Korans (see July 12, 2010 and After, September 9, 2010, and September 9-10, 2010), is invited to take part in a British event to discuss his anti-Islamic views. Jones is invited to take part in a February 2011 rally sponsored by the English Defense League (EDL), a right-wing nationalist organization. Other groups are asking the British government to prevent Jones from entering the UK. Jones welcomes the invitation, saying his appearance would be “positive” but admitting he would preach against “extremist Muslims.” He says he would not burn a Koran at the rally. Groups such as Unite Against Fascism and Hope Not Hate are pressuring the British government to keep Jones from attending the event. Of Muslims and Britain, Jones says: “We have no problem with Muslims—we have freedom of speech and religion—Muslims who want to make our country their country, obey our laws and constitution. We have a problem with them, which I believe you all have also, when they go on the street… and they call for the death of the UK, for the death of Israel, for the death of America. They call for Shari’a law. They say they are going to turn Buckingham Palace into a mosque and the Queen must convert to Islam or leave the country.” Jones admits to knowing little about the EDL. Weyman Bennett of Unite Against Fascism says: “Terry Jones is coming here to whip up Islamophobia and racism. We intend on calling a mass demonstration where everyone can oppose the growth of racism and fascism in this country.” Hope Not Hate’s Nick Lowles says: “Only extremists will benefit from his visit and, as we know, extremism breeds hatred and hatred breeds violence. It is yet another example of how the EDL exists only to sow the seeds of intimidation and division.” George Readings, a spokesman for the counter-extremism think tank Quilliam, adds: “Terry Jones is only coming to the UK to address a rally by the EDL, a far-right group whose protests have a track record of degenerating into violence. This suggests that his presence in the UK will not be conducive to the public good. The EDL has only invited him here to stir up trouble.” [BBC, 12/10/2010]
EDL Withdraws Invitation, Cites Jones's Anti-Gay, Racial Statements - Days later, the EDL withdraws its invitation, saying it does not agree with Jones’s inflammatory positions on homosexuality and race. Jones accuses the EDL of “bow[ing] to pressure from the government… and people within their own organization,” and promises to come to the UK in February “and organize something in London.” EDL spokesman Guramat Singh says that Jones approached the EDL asking to take part in the rally. The request sparked debate within the organization, Singh says: “A few of us have been debating the question of whether we bring him or not and after doing some research and seeing what his personal opinions are on racism and homosexuality, we are not allowing him to speak at our demonstration. He is not the right candidate for us. Although the English Defense League are sincere to what he has to say about Islam, we do not agree with some of his manifesto such as some of his issues with homosexuality and some of his issues with race. The EDL is anti-homophobic and we are a non-racism organization.” [BBC, 12/13/2010]
Home Office Denies Jones Entrance - Britain’s Home Office denies Jones entry to the UK after another group, England Is Ours, extends an invitation for Jones to take part in one of its events. A Home Office spokesperson says it denied Jones entrance to the UK because the government “opposes extremism in all its forms.… Numerous comments made by Pastor Jones are evidence of his unacceptable behavior. Coming to the UK is a privilege, not a right, and we are not willing to allow entry to those whose presence is not conducive to the public good. The use of exclusion powers is very serious and no decision is taken lightly or as a method of stopping open debate.” [BBC, 12/19/2010]
The National Academy of Sciences (NAS) finds that the source of the anthrax involved in the 2001 attacks was not established by the FBI’s science. This conclusion is in contrast to that of the Justice Department and the FBI, which have asserted unequivocally that RMR-1029, an anthrax flask linked to USAMRIID vaccine researcher and deceased alleged anthrax-killer Bruce Ivins, was the source of the anthrax used in the attacks. The NAS was contracted by the FBI in 2009, for nearly $880,000, to review the science underlying the FBI’s investigation. The NAS council did not review other types of evidence assembled by the FBI, did not have access to classified materials, and did not do its own research. In its report, it makes no judgments regarding the guilt or innocence of any parties, or judgments about the FBI’s conclusion that Ivins was the sole perpetrator. [Associated Press, 5/9/2009; Justice, 2/19/2010, pp. 28 PDF ; National Academy of Sciences, 2/15/2011; McClatchy-ProPublica-PBS Frontline, 10/11/2011] The primary conclusion of the NAS is that “it is not possible to reach a definitive conclusion about the origins of the anthrax… based solely on the available scientific evidence.” The NAS says there were “genetic similarities” between the samples from the letters and RMR-1029, but that “other possible explanations for the similarities—such as independent, parallel evolution—were not definitively explored during the investigation,” and “the data did not rule out other possible sources.” The NAS agrees with the FBI that “RMR-1029… was not the immediate source of spores used in the letters,” and that “one or more derivative growth steps would have been required to produce the anthrax in the attack letters.” The NAS says the FBI did correctly identify the anthrax as Ames strain. It also agrees with the FBI that there was no evidence that the silicon present in the samples had been added in order to weaponize the anthrax, but says that, based on the information made available to it, “one cannot rule out the intentional addition of a silicon-based substance to the New York Post letter, in a failed attempt to enhance dispersion.” Silicon had not been present in the anthrax in RMR-1029 and it is not a normal part of anthrax spores, though it may be incorporated if it is present in its environment as the spores develop. The reason for the presence of silicon (up to 10 percent by bulk mass in the New York Post sample, though this differed with the amount measured in the spores), as well as other elements such as tin, remains unresolved. [National Academy of Sciences, 2/15/2011] At a NAS press conference accompanying the report’s release, questions are raised regarding the amount of time needed to prepare the anthrax. Committee Chair Alice P. Gast responds, “There’s a lack of certainty in the time and effort it would take to make [the powders]… the FBI has not determined what method was used to create the powders.” In some situations several months might be required, but, according to Vice Chair David A. Relman, it would have been possible to complete the work in as little as two days. Regarding the low end of the estimate, Relman says: “There are a number of factors that would have to go into that calculation, including the skill set of the person or persons involved, the equipment and resources available, and the procedures and process selected. And, on that last point, that low end would rely upon the use of batch fermentation methods—liquid cultivation methods—which are available in a number of locations.” Co-workers of Ivins and other experts previously expressed doubts that Ivins had the skill, equipment, or opportunity to prepare the anthrax used, let alone do so in as short a time as the FBI has alleged (see August 1-10, 2008, August 3-18, 2008, August 5, 2008, August 9, 2008 and April 22, 2010). [National Academy of Sciences, 2/15/2011; ProPublica, 2/15/2011] In response to the NAS report, the FBI says in a press release that it was not the science alone that led it to conclude that Ivins was the sole perpetrator: “The FBI has long maintained that while science played a significant role, it was the totality of the investigative process that determined the outcome of the anthrax case. The scientific findings in this case provided investigators with valuable investigative leads that led to the identification of the late Dr. Bruce Ivins as the perpetrator of the anthrax attacks.” [Department of Justice, 2/15/2011] The FBI has claimed to have identified, and eliminated as suspects, 419 people at Fort Detrick and other locations, who either had access to the lab where Ivins worked or received samples from RMR-1029. However, the NAS finding that RMR-1029 has not been conclusively identified as the anthrax source indicates the pool of suspects may be wider than just those with links to RMR-1029. The NAS press release notes that, in October 2010, a draft version of the NAS report underwent a “required FBI security review,” and following that the FBI asked to submit materials to NAS that it had not previously provided. The NAS says: “Included in the new materials were results of analyses performed on environmental samples collected from an overseas site. Those analyses yielded inconsistent evidence of the Ames strain of B. anthracis in some samples. The committee recommends further review of the investigation of overseas environmental samples and of classified investigations carried out by the FBI and Department of Justice.” [National Academy of Sciences, 2/15/2011]
Afghan President Hamid Karzai publicly condemns the recent burning of a Koran by Florida pastor Terry Jones (see March 20, 2011). He condemns Jones and calls on US authorities to arrest him. A day later, Afghan protesters storm a UN compound in Mazar-i-Sharif, killing seven guards and staffers and setting off a wave of bloody protests throughout the nation (see April 1, 2011 and April 1-5, 2011). US and international officials blame Jones for setting off the protests, but note that Karzai brought the attention of his people to the incident. They do not believe that Karzai intended to set off such violence, but instead think that he may have chosen to use the incident to vent his frustration with the continued foreign presence in Afghanistan. Stephen Carter, an independent policy analyst in Kabul, says: “Karzai seems to veer between being dependent on the international presence and a real sense resentment and powerlessness. He tends to come out with public statements that make clear the degree of resentment that he feels. In this particular case, he could have refrained from making a statement and acted in a way that would have made this particular outcome less likely, but I don’t think it was a deliberate conspiracy. I think he was voicing frustrations that he genuinely feels.” A Karzai spokesman says Karzai spoke out because of his moral outrage at the burning. [Christian Science Monitor, 4/5/2011]
Smoke billows from the burning UN mission in Mazar-i-Sharif, as protesters take to the streets. [Source: Agence France-Presse / Getty]Eleven people, including seven United Nations officials, are slain in Afghanistan following a protest in the northern city of Mazar-i-Sharif. (Some press reports say 12 are killed.) The protest was spurred by the recent burning of a Koran by Florida pastor Terry Jones (see March 20, 2011) and a speech by Afghan President Hamid Karzai condemning the burning (see March 31, 2011 and After). The attack is the worst incident on record against the UN since the conflict began in 2001. The protest begins peacefully, but turns violent after Mullah Mohammed Shah Adeli tells the crowd of some 20,000 that multiple Korans had been burned, and they must protest in a call for Jones to be arrested. Otherwise, says Adeli, Afghanistan should cut off relations with the US. “Burning the Koran is an insult to Islam, and those who committed it should be punished,” he says. The infuriated crowd marches on the nearby UN compound, ignoring guards who at first fire their AK-47s into the air and then into the crowd. Four or five crowd members are killed before the guards are overwhelmed (press reports differ on the number of protesters slain). Crowd members take the guards’ weapons and turn them on people in the UN compound. Four UN guards from Nepal and three foreign workers from Norway, Romania, and Sweden are killed, along with four non-UN victims. One Afghan is arrested for leading the attack. General Abdul Rauf Taj, the deputy police commander for Balkh Province, says, “Police tried to stop them, but protesters began stoning the building, and finally the situation got out of control.” Kieran Dwyer of the UN Assistance Mission in Afghanistan says, “Some of our colleagues were just hunted down” by angry protesters, who also burn and vandalize the building. [ABC News, 4/1/2011; New York Times, 4/1/2011; Daily Mail, 4/2/2011]
Early Reports of Two Beheadings - Early press reports indicate that two of the seven slain UN personnel are beheaded, but Afghan authorities later deny these reports. [New York Times, 4/1/2011; Daily Mail, 4/2/2011] An early report from the Christian Science Monitor says that 20 UN staffers have been killed. Later press reports do not include this number. [Christian Science Monitor, 4/1/2011]
Pastor Blames Muslims for Deaths - An unrepentant Jones calls on the US government and the international community to respond, saying in a statement: “We… find this a very tragic and criminal action. The United States government and the United Nations itself, must take immediate action. We must hold these countries and people accountable for what they have done as well as for any excuses they may use to promote their terrorist activities. Islam is not a religion of peace. It is time that we call these people to accountability.… They must alter the laws that govern their countries to allow for individual freedoms and rights, such as the right to worship, free speech, and to move freely without fear of being attacked or killed.” Pegeen Hanrahan, the former mayor of Gainesville, Florida, where Jones lives and works, says that most in the Gainesville community do not support Jones. “He’s a really fringy character,” Hanrahan says. “For every one person in Gainesville who thinks this is a good idea there are a thousand who just think it’s ridiculous.” Jacki Levine of the Gainesville Sun newspaper says of Jones: “He’s a person who has a congregation that’s exceedingly small, maybe 30 or 40 people—50 on a good day. He is not at all reflective of community he finds himself in.”
Condemnations, Warnings that Further Attacks May Take Place - President Obama condemns the attack, saying: “The brave men and women of the United Nations, including the Afghan staff, undertake their work in support of the Afghan people. Their work is essential to building a stronger Afghanistan for the benefit of all its citizens. We stress the importance of calm and urge all parties to reject violence and resolve differences through dialogue.” Obama was sharply critical of Jones’s announced plans to burn a Koran (see September 10, 2010). UN Secretary General Ban Ki-moon echoes Obama’s sentiments, saying, “This was an outrageous and cowardly attack against UN staff, which cannot be justified under any circumstances and I condemn it in the strongest possible terms.” Ulema Council member Mullah Kashaf says of Jones: “We expressed our deep concerns about this act, and we were expecting the violence that we are witnessing now. Unless they try him and give him the highest possible punishment, we will witness violence and protests not only in Afghanistan but in the entire world.” [ABC News, 4/1/2011; New York Times, 4/1/2011; Daily Mail, 4/2/2011] Although Jones and his fellow church members deny any responsibility for the attacks, others disagree. One woman who lives near Jones’s church shakes her head in regret after being told of the Koran-burning, and says, in reference to Jones and the attack, “All because of him.” Gainseville Mayor Craig Lowe says: “Terry Jones and his followers were well aware their actions could trigger these kinds of events. It’s important that the world and nation know that this particular individual and these actions are not representative of our community.” Jones’s son Luke, a youth pastor at the church, says: “We absolutely do not feel responsible for it. You’re trying to avoid the real problem and blame someone.” The “real problem” is Islamic extremism, Luke Jones says, a stance he says is proven by the day’s attack. “The world can see how violent this religion—parts of this religion—can be.” [Gainesville Sun, 4/1/2011]
Entity Tags: Mohammed Shah Adeli, Christian Science Monitor, Craig Lowe, Hamid Karzai, Jacki Levine, Barack Obama, Luke Jones, Kieran Dwyer, Abdul Rauf Taj, Mullah Kashaf, Ban Ki-Moon, Pegeen Hanrahan, United Nations, Terry Jones (pastor)
Timeline Tags: War in Afghanistan
Afghan protests against an American pastor’s recent burning of the Koran (see March 20, 2011) continue. Four days earlier, 15 people, including seven members of a United Nations mission, were killed in a violent protest against the Koran-burning (see April 1, 2011). Today, about 1,000 protesters gather in front of Kabul University, and other protests take place throughout Afghanistan. The Kabul demonstration is peaceful, local police say. Earlier protests have claimed lives, including but not limited to the UN murders. Two days ago, three people were killed in Kandahar when police fought with stone-throwing protesters. The day before that, nine people were killed in another Kandahar protest. Afghan President Hamid Karzai says of the Koran-burning and the violent protests in response: “The desecration of any holy text… is an act of extreme intolerance and bigotry. However, to attack and kill innocent people in response is outrageous, and an affront to human decency and dignity.” [CNN, 4/5/2011] Less violent protests also take place in Pakistan. [Daily Mail, 4/2/2011]
Three days after Osama bin Laden was allegedly killed by US special forces in Pakistan, President Obama is interviewed by CBS’s 60 Minutes. He is asked if he thinks anyone in the Pakistani government knew where bin Laden was hiding. He replies: “We think that there had to be some sort of support network for bin Laden inside of Pakistan. But we don’t know who or what that support network was. We don’t know whether there might have been some people inside of government, people outside of government, and that’s something that we have to investigate, and more importantly, the Pakistani government has to investigate.” He adds: “[T]hese are questions that we’re not gonna be able to answer three or four days after the event. It’s going to take some time for us to be able to exploit the intelligence that we were able to gather on site.” [60 Minutes, 5/8/2011; Daily Telegraph, 5/9/2011]
Provisions for indefinite detention included in the 2012 “National Defense Authorization Act,” an annual ‘must pass’ defense spending bill, begin to generate controversy soon after the proposed text is published. The language drafted by the Senate Armed Services Committee provides for indefinite military detention, without charge or trial, of essentially anyone accused of supporting or being associated with groups “engaged in hostilities” with the United States, including US citizens. The American Civil Liberties Union (ACLU) begins monitoring the proceedings and urging the public to oppose the bill. [ACLU.org, 7/6/2011] Other civil liberties and human rights groups will follow suit, including Amnesty International, the Center for Constitutional Rights (CCR), Human Rights Watch (HRW), and the Bill of Rights Defense Committee. The ACLU, CCR, and HRW point out that indefinite detention without charge or trial has not been codified since the McCarthy era. [ConstitutionCampaign.org, 12/6/2011; HRW.org, 12/15/2011; CCRJustice.org, 1/4/2012; Amnesty International, 1/5/2012] Constitutional experts Jonathan Turley and Glenn Greenwald will repeatedly condemn the bill’s indefinite military detention provisions. [Jonathan Turley, 1/2/2012; Salon, 12/15/2012] Two retired four-star Marine Generals, Charles C. Krulak and Joseph P. Hoar, will criticize the NDAA’s indefinite detention provision in an op-ed published in the New York Times, writing that under the law, “Due process would be a thing of the past.” And, “[T]his provision would expand the battlefield to include the United States—and hand Osama bin Laden an unearned victory long after his well-earned demise.” [New York Times, 12/13/2011] Congress will pass the bill on December 15 (see December 15, 2011) and President Obama will sign it into law on December 31 (see December 31, 2011). A poll conducted shortly after the bill is passed by Congress will find that only one in four likely voters support the NDAA (see December 22-26, 2011). After the bill is signed into law, states and municipalities will begin to pass laws and resolutions opposing the bill (see December 31, 2011 and After).
Fox News’s Eric Bolling, hosting The Five, says that he remembers no terrorist attacks on the US during the Bush presidency. Bolling is either ignoring or forgetting that the 9/11 attacks, the most lethal and costly terrorist attacks in US history, occurred eight months into the Bush presidency. Since late 2009, two former Bush administration officials have also denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009), as has former New York City Mayor Rudolph Giuliani, who was mayor when his city was stricken (see January 8, 2010). A Las Vegas newspaper publisher has claimed no terrorist attacks occured during the Bush administration after 9/11, another falsehood perpetrated by Bolling (see January 3, 2010). One of the “five” participants in the roundtable discussion on the show is former Bush administration press secretary Dana Perino, who is one of the former administration officials who denied that 9/11 took place during Bush’s presidency. Bolling and the other participants, save for the single “liberal” at the table, Bob Beckel, are criticizing the Obama administration’s economic policies. The topic goes into a quick repudiation of the fact that the Bush administration used false claims about WMDs to drive the US into a war with Iraq, and Bolling shouts over the crosstalk: “America was certainly safe between 2000 and 2008. I don’t remember any terrorist attacks on American soil during that period of time.” No one involved in the panel discussion corrects his misstatement. [Media Matters, 7/13/2011; Huffington Post, 7/14/2011] The Five is the newest Fox News offering, replacing the recently canceled show hosted by Glenn Beck. [Huffington Post, 7/14/2011] The next day, MSNBC talk show host Chris Matthews derides what he calls Bolling’s “revisionist history” regarding 9/11. He plays a brief clip of Bolling making the statement, then sarcastically invites Bolling to “think back to 2001.” While playing a clip from the coverage of the 9/11 attacks, Matthews asks, “Does that trigger your memory?” [Media Matters, 7/14/2011] Hours after Matthews’s correction, Bolling says on The Five: “Yesterday I misspoke when saying that there were no US terror attacks during the Bush years. Obviously I meant in the aftermath of 9/11.” Bolling then swings to the attack, saying: “That’s when the radical liberal left pounced on us and me. [The progressive media watchdog Web site] Media Matters posted my error, saying I forgot about 9/11. No, I haven’t forgotten.” (Bolling is referring to a Media Matters article with the title: “‘Have You Forgotten?’ Conservatives Erase 9/11 From Bush Record,” which cites Bolling’s error among other “misstatements” and omissions by conservatives, and cites the numerous terror attacks that took place on US soil after 9/11 during the Bush presidency.) Bolling continues by saying he was in New York during the attacks, lost friends during the attacks, and comforted the children of friends who were terrified by the attacks. He concludes by saying, “Thank you, liberals, for reminding me how petty you can be.” [Media Matters, 7/14/2009] Shortly after Bolling’s statement on Fox, Media Matters posts another article, again citing the numerous domestic terrorism attacks that took place after 9/11, under the headline, “Eric Bolling Is Still Wrong.” [Media Matters, 7/14/2011]
A study by the Bureau of Investigative Journalism finds that dozens of civilians have recently been killed in strikes by US drones in Pakistan. The study examined US drone strikes in Pakistan between August 23, 2010 and June 29, 2011 and uncovered at least 10 individual attacks in which 45 or more civilians appear to have died. There were a total of 116 attacks in this period. The Bureau says it has identified and can provide the family names for six children among those killed. According to the Bureau, at least 15 additional strikes warrant urgent investigation, with many more civilian deaths possible. The study was drafted in response to claims in June 2011 by President Obama’s chief counterterrorism adviser John Brennan that “there hasn’t been a single collateral [civilian] death” in Pakistan since August 2010. The Bureau presented a summary of its findings to the White House and to John Brennan’s office, and asked for comment. Both declined. [Bureau of Investigative Journalism, 7/18/2011]
William Gheen, the leader of the political action committee Americans for Legal Immigration PAC (ALIPAC), tells conservative radio host Janet Mefferd that President Obama is a “dictator” who is waging war on “white America,” and recommends “illegal and violent” actions to remove him from office. Gheen has previously labeled Obama a “traitor” and accused him of “replacing many core Americans,” referring to whites. ALIPAC is considered a “nativist,” anti-immigrant organization by the Southern Poverty Law Center (SPLC). Gheen and ALIPAC insist that Obama is leading an “invasion” of “white America” by “illegal immigrants” with the ultimate purpose of giving the nation to said immigrants. ALIPAC was instrumental in getting draconian anti-immigration laws passed in Arizona and other states.
Advocacy of Military Coup d'Etat, Calls for 'Illegal and Violent' Actions to Remove 'Dictator Barack Obama' - Gheen tells Mefford: “What Janet Napolitano [the director of homeland security] has spent most of her time doing in the last couple of months has been, one, preparing the new spy network that’s available now, the new data-collecting, see everything you do online, beyond the normal terrorist list that they’re creating, they’re creating a much larger list now of people who might be troublesome here in the country. And putting out videos and propaganda telegraphing what I believe to be a conflict with white America they’re preparing for after they get another 10 or 15 million people in the country to back them up.… We’re no longer referring to him as President Barack Obama, our national organization has made the decision and made the announcement we now refer to him as Dictator Barack Obama. That’s what he is. And basically at this point, if you’re looking for a peaceful, political recourse, there really isn’t one that we can think of, and I’m really not sure what to tell people out there than I guess they need to make decisions soon to just accept whatever comes next or some type of extra-political activities that I can’t really talk about because they’re all illegal and violent.” Gheen goes on to accuse Obama of trying to “integrate” the US economy with those of Canada and Mexico “in a way that bypasses the legislatures,” and says that the military should forcibly remove Obama from office. Later in the interview, Gheen calls on Congressional Republicans to impeach Obama, and says his organization cannot hold marches in Washington, DC, against Obama because he fears Obama has too many supporters among the city’s black and Latino residents. [Right Wing Watch, 8/22/2011; Southern Poverty Law Center, 8/23/2011; Right Wing Watch, 8/24/2011]
'Sharp Rightward Lurch' - The SPLC says that Gheen’s statements “mark a sharp rightward lurch” for him; in recent months, he has pulled ALIPAC out of anti-immigration rallies in Arizona because of the participation of neo-Nazi and skinhead groups in those rallies, and has told group members to have nothing to do with the nativist Minuteman groups after an Arizona Minuteman leader was arrested for the murder of a Latino man and his nine-year-old daughter. However, Gheen and ALIPAC have issued a number of bigoted and racist statements, mostly against Hispanics and homosexuals. [Southern Poverty Law Center, 8/23/2011]
'Clarification' Insists No Call for Violence, Denounces 'Left Wing' 'Attackers' - The day after his appearance on Mefferd’s show, Gheen issues a “clarification” of his statement that accuses “left wing bloggers and groups” of “attack[ing]” him over his comments, and denies making any calls for violence against Obama. “I have always been and remain dedicated to the peaceful political and civic processes to which I have dedicated my life in America,” he writes. “I would never jeopardize my reputation or my cause of securing America’s border by engaging in violent rhetoric or advocacy. I should have been more specific about my comments and indicated that I was reporting the conditions Americans face at the hands of Obama. I should have spoken more like an attorney writing fine print, as I usually have to do. I was asked what people should do now that Barack Obama has bypassed Congress and the US Constitution and instituted the Dream Act Amnesty via dictatorial decree. I mentioned that some groups were looking into lawsuits,” and, referring to his recommendation that groups use “illegal and violent” acts to “depose” the “Dictator Obama,” continues, “I meant that I cannot talk about such things because my job has been to support political campaigns, lobby Congress, do media appearances, send emails, faxes, and educate the public about illegal immigration. I have made it very clear that I disavow any form of violence on many occasions. I cannot delve into the options Barack Obama is forcing on Americans that are concerned about the illegal alien invasion of America.… The only reason I even mentioned that people in America are being forced into a decision between submission or more revolutionary means is because that is the situation that is being created by Dictator Barack Obama, not me.” He boasts that he has “never started a physical fight, but I’ve finished a few in my time and I would never engage in violence against anyone for any reason other than to protect myself and my family from physical harm,” says he has no intention of backing away from any conflicts, and makes more allegations of unfair “attacks” by a number of people and groups, including the SPLC and liberal radio host Alan Colmes. “I never said that any violence was ‘needed,’” he writes, “and I certainly never put the words about anything violent towards Obama. I know clearly that is a violation of federal law. But in the case of many of these supporters of Dictator Obama, they certainly don’t let the truth stop them from going after their enemies.” He goes on to accuse Obama and his administration of shipping thousands of Hispanic immigrants into America for the purpose of attacking white citizens, accuses “illegal aliens” of engineering the “illegitimate” takeover of the US Senate under Democratic leadership, accuses the “left” of “demonizing” the “tea party” movement, and says Obama is using “our stimulus tax dollars” and a number of federal agencies, including “the [B]ATF, DEA, DOJ, FBI, and CIA… to buy thousands of assault rifles for the invading Mexican cartels that are smuggling cocaine, methamphetamine, and illegal aliens into America!” His rhetoric, he writes, is intended to bring America together, not divide it. He concludes by saying that if there is indeed a violent revolution to overthrow the government, he is under too much “scrutiny and hatred” to be able to take part in it, and “will never advocate nor join nor support any violent actions outside of personal self defense because I am committed to the path of peace and nonviolence. I will walk right into the heart of Washington, DC, and confront this dictator unarmed and unafraid with full confidence in my Lord and I will walk as a sheep among wolves. I do not believe that the forces that at are destroying America can be vanquished with the force or arms. I believe this is a spiritual conflict. I believe that only through divine Providence will God save the United States of America.” [Americans for Legal Immigration PAC, 8/23/2011; Right Wing Watch, 8/24/2011]
Denies Using the Words 'Illegal' and 'Violent' - This evening he goes on Colmes’s radio show. Gheen claims he never used the words “illegal and violent” even after Colmes plays that segment of the interview, accuses Colmes of “exploit[ing]” his words, and says that because he advocates non-violence on his Web site, he does not need to do the same on-air: “I should’ve prepared my comments a little bit better so they wouldn’t be exploited by the opposition.” [Alan Colmes, 8/23/2011; Right Wing Watch, 8/24/2011]
Congress passes a defense spending bill with controversial provisions authorizing the indefinite military detention, or rendering to a foreign country or entity, without charge or trial, of any person, including US citizens, detained, arrested, or captured anywhere in the world, including the US. The bill is the 2012 National Defense Authorization Act (NDAA) (H.R. 1540 and S. 1867). [GovTrack, 12/31/2012] The NDAA created controversy soon after the indefinite detention provisions were revealed (see July 6, 2011 and after). Civil liberties and human rights advocates raised concerns about sections 1026, 1027, and 1028, which restrict transfers and releases of prisoners from the US prison at Guantanamo, including those found to be innocent, but the most controversial parts of the bill are Sections 1021 and 1022, which provide for indefinite military detention. A federal judge will later issue a preliminary injunction barring enforcement of Section 1021, finding it unconstitutional (see May 16, 2012). [Verdict, 12/21/2011]
Detention Authorities Currently Unclear, Not Settled by NDAA - The Supreme Court ruled by plurality in Hamdi v. Rumsfeld (2004) (see June 28, 2004 that Yaser Esam Hamdi, a US citizen captured by the Northern Alliance in Afghanistan and alleged to have been armed and traveling with a Taliban unit (see December 2001), could be held by the military without charge or trial until the end of hostilities authorized by the 2001 Authorization for Use of Military Force (AUMF). In other circumstances, such as persons not engaged in armed combat with US forces, or persons arrested or captured away from a battlefield, or inside the United States, the rights of prisoners and the legality of indefinite military detention are unsettled issues, and the NDAA provides no clarification. The AUMF makes no reference to the detention of prisoners or military operations inside the United States, but both the Bush and Obama administrations have consistently interpreted language giving the president authority to use “all necessary and appropriate force” to include broad powers of detention. Due to the lack of clear expression of the scope of these authorities in the AUMF, as well as potential conflicts with the Constitution, related case law includes differing judicial opinions. Supreme Court rulings have not addressed all the questions raised by the complexity of the issues involved. [New York Times, 12/1/2011; Secrecy News, 2/6/2012; Elsea, 6/11/2012 ; Salon, 12/15/2012] The NDAA states in 1021(d), “Nothing in this section is intended to limit or expand the authority of the president or the scope of the [AUMF],” and (e): “Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.” [Public Law 112 81 ] This language was included following the nearly unanimous passage of Senate Amendment (SA) 1456. It was a compromise, following the defeat of three other amendments proposed by members of Congress concerned about the NDAA’s blanket detention authority: SA 1107, introduced by Senator Mark Udall (D-CO), which would have removed detention provisions from the bill and required the executive branch to submit a report to Congress on its interpretation of its detention powers and the role of the military; SA 1125, introduced by Senator Diane Feinstein (D-CA), which would have limited the definition of covered persons to those captured outside US borders; and SA 1126, also introduced by Feinstein, which would have would have excluded US citizens from indefinite detention provisions. [Senate, 12/1/2011; The Political Guide, 12/31/2012] Supporters of broad detention authority say the entire world is a battlefield, and interpret Hamdi to mean any US citizen deemed an enemy combatant can legally be detained indefinitely by the military. Opponents point out that Hamdi was said to have been fighting the US in Afghanistan, and that military detention without trial is limited to those captured in such circumstances. Opponents also say the 1971 Non-Detention Act outlawed indefinite detention of US persons arrested in the US. Feinstein, who submitted SA 1456 inserting the compromise language, states: “[T]his bill does not change existing law, whichever side’s view is the correct one. So the sponsors can read Hamdi and other authorities broadly, and opponents can read it more narrowly, and this bill does not endorse either side’s interpretation, but leaves it to the courts to decide.” Senator Carl Levin (D-MI), sponsor of the original NDAA in the Senate, agrees, saying: “[W]e make clear whatever the law is. It is unaffected by this language in our bill.” [Senate, 12/1/2011]
NDAA 'Affirms' Authority Not Expressly Granted in AUMF, Further Muddies Already Unclear Powers - In the NDAA, Congress attempts to settle some of the aforementioned legal questions by asserting in the NDAA that these authorities were included in the AUMF or that the president already possessed them (unless the courts decide otherwise). Section 1021(a) states: “Congress affirms that the authority of the president to use all necessary and appropriate force pursuant to the [AUMF]… includes the authority for the Armed Forces of the United States to detain covered persons (as defined in sub-section (b)) pending disposition under the law of war… (c)(1) until the end of the hostilities authorized by the [AUMF].” This clear statement regarding detention authority is an implicit acknowledgment that the AUMF neither explicitly authorizes indefinite military detention, nor spells out the scope of such authority. As noted above, both the George W. Bush and Obama administrations, citing the AUMF, have claimed this authority, and some courts have upheld their interpretation. However, as noted by critics of the bill such as the American Civil Liberties Union (ACLU), Human Rights Watch (HRW), and constitutional scholar Glenn Greenwald, this is the first time Congress has codified it. Also, despite Congress’s assertion in the NDAA that it does not “expand… the scope of the [AUMF],” the language in the bill does exactly that. The AUMF pertained only to those responsible for the 9/11 attacks, or those who harbored them. Subsection (b)(2) of the NDAA expands the definition of covered persons and activities to include “[a] person who was a 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, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.” Terms such as “substantially supported,” “directly supported,” and “associated forces” are not defined in the NDAA and are thus subject to interpretation, introducing new ambiguities. In addition, though the AUMF does not explicitly authorize it, the NDAA clearly covers any person, including US persons, “captured or arrested in the United States,” should the courts decide that the AUMF did, in fact, authorize this, or that it is otherwise constitutional. A federal judge will later issue a preliminary injunction barring enforcement of this section of the NDAA, in part because of its conflicting, vague language but also because of her finding that it infringes on the right to due process, and to freedom of speech and association (see May 16, 2012). [Public Law 112 81 ; American Civil Liberties Union, 12/14/2012; Human Rights Watch, 12/15/2012; Salon, 12/15/2012]
Section 1022: Mandatory Military Custody for Non-US Citizen Members of Al-Qaeda - Section 1022 requires that those determined to be members of al-Qaeda or “an associated force” and who “participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners” be held in “military custody pending disposition under the law of war.” This section is somewhat less controversial than section 1021 as it is more specific and limited in scope, and contains an exemption for US citizens, such that section 1022 may be applied to US citizens, but is not required to be: (b)(1) “The requirement to detain a person in military custody under this section does not extend to citizens of the United States.” [Public Law 112 81 ]
Obama Administration Insisted on Broad Detention Authority - According to Senators Levin and Lindsey Graham (R-SC), the Obama administration required that detention authorities be applicable to US citizens, including those arrested in the US. Levin says that “language which precluded the application of section 1031 [1021 in the final bill] to American citizens was in the bill we originally approved in the Armed Services Committee, and the administration asked us to remove the language which says that US citizens and lawful residents would not be subject to this section.” [Senate, 11/17/2011] Graham says: “The statement of authority I authored in 1031 [1021 in final bill], with cooperation from the administration, clearly says someone captured in the United States is considered part of the enemy force regardless of the fact they made it on our home soil. The law of war applies inside the United States not just overseas.” [Senate, 11/17/2011]
How Congress Votes - With President Obama having signaled he will sign the bill, the Senate votes 86-13 in favor, with one abstention. Six Democrats and six Republicans vote against it, along with Senator Bernie Sanders (I-VT). [Open Congress, 12/15/2011] The House votes 283-136 in favor of the bill, with 14 abstentions. Democrats are evenly divided, with 93 voting for the NDAA and 93 against. Republicans voting are overwhelmingly in favor: 190-43, almost four out of five. Obama will sign the NDAA into law by December 31, 2011 (see December 31, 2011). [Open Congress, 12/14/2011]
Fallout over Bill - The same day Congress votes to pass the bill, two senators who voted for it, Feinstein and Patrick Leahy (D-VT), introduce a bill to restrict presidential authority to indefinitely detain US citizens (see December 15, 2011). A poll that will be conducted shortly after the bill is passed finds that only one in four “likely voters” approve of it (see December 22-26, 2011). Less than six months after the bill is signed into law, a federal judge will issue a preliminary injunction barring enforcement under section 1021 (see May 16, 2012), in response to a lawsuit that will be filed by seven activists and journalists (see January 13, 2012).
Senator Dianne Feinstein (D-CA), joined by 13 Democrats and Republicans as co-sponsors, sponsors a bill to ban indefinite detention of US citizens and legal residents arrested in the United States. Feinstein does this on the same day that she and a number of her co-sponsors vote for the 2012 National Defense Authorization Act (NDAA), an annual ‘must pass’ defense spending bill that contains controversial provisions authorizing indefinite military detention of anyone, including US citizens arrested in the United States, accused of supporting groups hostile to the United States. Only 13 senators vote against the NDAA (see December 15, 2011). President Obama will sign the NDAA into law on December 31 (see December 31, 2011). The bill sponsored by Feinstein, S. 2003: Due Process Guarantee Act (DPGA), only exempts US citizens and legal residents from indefinite detention if arrested in the United States: “An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an act of Congress expressly authorizes such detention.” The NDAA also authorizes prisoners to be rendered and transferred to the custody of foreign countries and entities. As the DPGA does not explicitly ban this practice concerning US citizens and legal residents arrested in the United States, it is unclear what impact it would have, if any, on this particular aspect of the NDAA. [GovTrack.us, 12/15/2011] Feinstein says in a press release issued the same day: “We must clarify US law to state unequivocally that the government cannot indefinitely detain American citizens inside this country without trial or charge. I strongly believe that constitutional due process requires US citizens apprehended in the US should never be held in indefinite detention. And that is what this new legislation would accomplish.” [US Senator, 12/15/2011] According to a press release issued by co-sponsor Senator Patrick Leahy (D-VT), the purpose of the DPGA is to “make clear that neither an authorization to use military force nor a declaration of war confer unfettered authority to the executive branch to hold Americans in indefinite detention.” In the 2004 Supreme Court opinion in Hamdi v. Rumsfeld, Justice Sandra Day O’Connor stated unequivocally, “We have long since made clear that a state of war is not a blank check for the president when it comes to the rights of the nation’s citizens.” [US Senator, 12/15/2011] As of August 2012, the DPGA will have a total of 30 co-sponsors. [GovTrack.us, 12/15/2011]
A public opinion poll finds the 2012 National Defense Authorization Act (NDAA), which provides for indefinite military detention of anyone accused of supporting groups hostile to the United States, has low support among the general public. The poll, conducted by IBOPE (formerly known as Zogby) shortly after the bill is passed by Congress (see December 15, 2011), finds that just 24 percent of Americans who are “likely voters” say they support the NDAA, and only 4 percent strongly support it. Thirty-eight percent oppose it, and another 38 percent are unsure. Thirty percent of Republicans, 22 percent of independents, and 21 percent of Democrats approve of the law. The results of the poll will be released on January 6, 2012, after President Obama signs the bill into law (see December 31, 2011). The bill began generating controversy six months ago, after the American Civil Liberties Union highlighted the indefinite detention provisions (see July 6, 2011 and after). [IBOPE InteligÃªncia, 1/6/2012]
President Obama signs a controversial bill passed by Congress (see December 15, 2011), which gives the president power to order indefinite military detention for anyone deemed an enemy combatant, including US citizens arrested or captured in the United States. Obama had threatened to veto the 2012 National Defense Authorization Act (NDAA) on a number of occasions, but once certain restrictions on presidential authority were removed, he became willing to sign it. For instance, the original version of the bill required that persons covered by the bill be held prisoner by the military and prosecuted by military tribunals, if at all. Obama was of the view that by requiring military detention, Congress was intruding on areas under the purview of the executive branch, and in ways that would impede the ability of the executive branch to effectively gather intelligence, fight terrorism, and protect national security. He also believed the bill was unnecessary and potentially risky in order to codify detention authority, and that the president already had authority, via the 2001 Authorization to Use Military Force (AUMF) and subsequent court rulings, to unilaterally designate persons, including US citizens, as enemy combatants and subject them to indefinite military detention without trial. [White House, 12/31/2011; Salon, 12/15/2012] For the same reasons, Secretary of Defense Leon Panetta, CIA Director David Petraeus, FBI Director Robert Mueller, Director of National Intelligence James Clapper, White House Advisor for Counterterrorism John Brennan, and DOJ National Security Division head Lisa Monaco were also opposed to the mandatory military detention provisions. [ACLU, 12/7/2011] Also, according to Senator Carl Levin (D-MI), a sponsor of the NDAA, “[L]anguage which precluded the application of section 1031 [1021 in the final bill] to American citizens was in the bill we originally approved in the Armed Services Committee, and the administration asked us to remove the language which says that US citizens and lawful residents would not be subject to this section.” [Senate, 11/17/2011] With the bill drafted so that military detention was optional, and an option US citizens were subject to (see December 15, 2011), Obama signaled he would sign it, despite having concerns that it was still unduly restrictive of executive authority, and it unnecessarily codified authority that had been exercised for 10 years and had been upheld by a number of lower court decisions. [White House, 12/17/2011 ] However, in a non-binding signing statement attached to the bill, Obama says he is signing the bill “despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.” Obama does not specify what his reservations are, but promises: “[M]y administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a nation.” [White House, 12/31/2011]
Controversy over Indefinite Detention Provisions - Though 86 percent of US senators and almost two-thirds of the House of Representatives voted to pass the NDAA (see December 15, 2011), and the bill is signed by Obama, the military detention measures are opposed by a number of constitutional experts and public interest organizations, and a significant percentage of the general public (see December 22-26, 2011).
Entity Tags: James R. Clapper Jr., Carl Levin, Barack Obama, Central Intelligence Agency, Federal Bureau of Investigation, US Department of Justice, US Department of Defense, Leon Panetta, Robert S. Mueller III, John O. Brennan, David Petraeus, Lisa Monaco
Timeline Tags: Civil Liberties
More than a dozen state and local government bodies pass or begin debate on laws or resolutions condemning provisions for indefinite military detention in a recently passed federal law, or limiting cooperation with the federal government on enforcement of the controversial section of the law. The law is the 2012 National Defense Authorization Act (NDAA), an annual defense spending bill, and the controversial sections are 1021 and 1022, which codify indefinite military detention, without charge or trial, of anyone accused of supporting groups hostile to the United States, including US citizens and including persons arrested in the United States (see December 15, 2011). President Obama signed the bill into law on December 31, 2011 (see December 31, 2011). The bill began generating controversy six months earlier, after the American Civil Liberties Union (ACLU) highlighted the indefinite military detention provisions (see July 6, 2011 and after). [Tenth Amendment Center, 12/31/2011; People's Campaign for the Constitution, 12/31/2011]
A journalist and activist sues to overturn provisions in a US defense spending bill that authorize indefinite military detention, including of US citizens, who are accused of being associated with groups engaged in hostilities with the United States (see December 15, 2011, December 31, 2011). The indefinite detention provisions in the NDAA caused considerable controversy from the time they were first proposed (see July 6, 2011 and after). Chris Hedges, formerly of the New York Times, and his attorneys, Carl J. Mayer and Bruce I. Afran, file the suit seeking an injunction barring enforcement of section 1021 (formerly known as 1031) of the 2012 National Defense Authorization Act (NDAA), alleging it is unconstitutional because it infringes on Hedges’ First Amendment right to freedom of speech and association and Fifth Amendment right to due process, and that it imposes military jurisdiction on civilians in violation of Article III and the Fifth Amendment. President Obama and Secretary of Defense Leon Panetta are named as defendants in the initial complaint, individually and in their official capacities. [TruthDig, 1/16/2012] Six other writers and activists will later join Hedges as plaintiffs in the lawsuit: Daniel Ellsberg, Jennifer Bolen, Noam Chomsky, Alexa O’Brien, “US Day of Rage,” Kai Wargalla, and Birgitta Jónsdóttir, who is also a member of parliament in Iceland. Senators John McCain (R-AZ), Harry Reid (D-NV), and Mitch McConnell (R-KY), and Representatives Nancy Pelosi (D-CA), John Boehner (R-OH), and Eric Cantor (R-VA), will be added as defendants, in their official capacities. [Final Complaint: Hedges v. Obama, 2/23/2012 ] The plaintiffs, their attorneys, and two supporting organizations, RevolutionTruth and Demand Progress, will establish a Web site to provide news and information related to the case, including legal documents. [StopNDAA.org, 2/10/2012] The Lawfare Blog will also post a number of court documents related to the case, including some not available at StopNDAA.org, such as the declarations of Wargalla, O’Brien, and Jónsdóttir. [Lawfare, 4/4/2012] Journalist and activist Naomi Wolf will file an affidavit supporting the lawsuit. [Guardian, 3/28/2012] The judge in the case, Katherine B. Forrest, will issue a preliminary injunction enjoining enforcement of the contested section, finding it unconstitutional (see May 16, 2012).
Entity Tags: Chris Hedges, US Congress, US Department of Defense, United States District Court, New York, Southern Division, Carl Mayer, Birgitta JÃ³nsdÃ³ttir, RevolutionTruth, Alexa O’Brien, Barack Obama, Noam Chomsky, White House, Mitch McConnell, Harry Reid, Eric Cantor, Daniel Ellsberg, Jennifer Bolen, Bruce Afran, Nancy Pelosi, Kai Wargalla, John McCain, Katherine B. Forrest, Leon Panetta, John Boehner
Timeline Tags: Civil Liberties
General Martin Dempsey, chairman of the Joint Chiefs of Staff, says that Bradley Manning, the alleged leaker of a large number of documents published by WikiLeaks, violated the law. Dempsey makes the remarks at a members’ town hall meeting at Joint Base Pearl Harbor-Hickam, in response to a question about whether Manning should be viewed as a political prisoner, whistleblower, or traitor. “We’re a nation of laws,” says Dempsey. “He did violate the law.”
Manning is awaiting court martial, but has not yet been found guilty. [Honolulu Star-Advertiser, 3/10/2012] President Barack Obama made similar remarks the previous year (see Shortly Before April 22, 2011).
US District Court Judge Katherine B. Forrest (Southern Division, New York) finds a controversial section of the 2012 National Defense Authorization Act (NDAA) unconstitutional and issues a preliminary injunction barring enforcement. Section 1021(b)(2) of the NDAA authorizes indefinite military detention without trial of any person “who was a 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, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces” (see December 15, 2011). The law makes no exception for US persons. It has been under review by the court because seven individuals (journalists, activists, and politicians) sued, alleging this section is unconstitutional because it violates their First Amendment right to freedom of speech and association and Fifth Amendment right to due process, and that it imposes military jurisdiction on civilians in violation of Article III and the Fifth Amendment (see January 13, 2012). [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]
Judge Finds NDAA Undermines Protected Speech and Association - The plaintiffs argued that, due to their association with and/or reporting on al-Qaeda and the Taliban in the course of their work as journalists and activists, they might be subject to detention under § 1021, and that, due to the vagueness of the law, there was no way to know if the law could be used against them. In testimony and briefs, the plaintiffs gave examples of how they had altered their speech and behavior out of fear they might be subject to detention. In her Opinion and Order, Forrest notes: “The Government was unable to define precisely what ‘direct’ or ‘substantial’ ‘support’ means.… Thus, an individual could run the risk of substantially supporting or directly supporting an associated force without even being aware that he or she was doing so.” And: “The Government was given a number of opportunities at the hearing and in its briefs to state unambiguously that the type of expressive and associational activities engaged in by plaintiffs—or others—are not within § 1021. It did not. This Court therefore must credit the chilling impact on First Amendment rights as reasonable—and real. Given our society’s strong commitment to protecting First Amendment rights, the equities must tip in favor of protecting those rights.” [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]
Judge Rejects All Three Arguments Made by the Government - Forrest summarizes the government’s position in this way: “[F]irst, that plaintiffs lack standing; second, that even if they have standing, they have failed to demonstrate an imminent threat requiring preliminary relief; and finally, through a series of arguments that counter plaintiffs’ substantive constitutional challenges, that Section 1021 of the NDAA is simply an ‘affirmation’ or ‘reaffirmation’ of the authority conferred by the 2001 Authorization for Use of Military Force.” Rejecting the first and second arguments, Forrest finds the plaintiffs do have standing because their fear of imminent indefinite detention without charge or trial is reasonable, due to the vagueness of § 1021 and the government’s failure to state that the plaintiff’s activities aren’t covered under section 1021, leaving the plaintiffs with no way of knowing if they might be subject to detention. Furthermore, Forrest finds the plaintiffs have suffered actual harm, evidenced by incurring expenses and making changes in speech and association due to fear of potential detention. Regarding the third argument, Forrest rejects the idea that § 1021 could simply be affirming the AUMF, because “[t]o so hold would be contrary to basic principles of legislative interpretation that require Congressional enactments to be given independent meaning”; otherwise § 1021 would be “redundant” and “meaningless.” Furthermore, Forrest finds § 1021 of the NDAA is substantively different than the AUMF; it is not specific in its scope and “lacks the critical component of requiring… that an alleged violator’s conduct must have been, in some fashion, ‘knowing.’” [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]
Judge Finds Lawsuit Will Likely Succeed on Merits, Justifying Injunction - Based on the information put forward by the seven plaintiffs and the government, Forrest concludes the lawsuit will likely succeed on its merits, thus it should be allowed to proceed, stating: “This Court is left then, with the following conundrum: plaintiffs have put forward evidence that § 1021 has in fact chilled their expressive and associational activities; the Government will not represent that such activities are not covered by § 1021; plaintiffs’ activities are constitutionally protected. Given that record and the protections afforded by the First Amendment, this Court finds that plaintiffs have shown a likelihood of succeeding on the merits of a facial challenge to § 1021.” Forrest also notes that issuing a preliminary injunction barring enforcement is unusual, but called for given the evidence and circumstances, stating: “This Court is acutely aware that preliminarily enjoining an act of Congress must be done with great caution. However, it is the responsibility of our judicial system to protect the public from acts of Congress which infringe upon constitutional rights.” [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]
Entity Tags: Chris Hedges, US Department of Defense, Carl Mayer, United States District Court, New York, Southern Division, White House, Birgitta JÃ³nsdÃ³ttir, US Congress, Alexa O’Brien, Barack Obama, Noam Chomsky, US Department of Justice, Mitch McConnell, Harry Reid, Eric Cantor, Daniel Ellsberg, Jennifer Bolen, Nancy Pelosi, Leon Panetta, John Boehner, Katherine B. Forrest, John McCain, Bruce Afran, Kai Wargalla
Timeline Tags: Civil Liberties
President Obama’s Justice Department files a motion urging a federal judge to reconsider a ruling and order that blocked enforcement of a law authorizing indefinite military detention. The case is Hedges v. Obama and the law at issue is section 1021 of the 2012 National Defense Authorization Act (NDAA). The filing calls Judge Katherine B. Forrest’s preliminary injunction barring enforcement of Section 1021(b)(2) of the NDAA (see May 16, 2012) “extraordinary” as it restricts the president’s authority during wartime. It also questions whether “an order restraining future military operations could ever be appropriate,” and disputes Forrest’s finding that the plaintiffs who had sued to overturn the law (see January 13, 2012) have standing to sue. In footnote 1, the government states that it is construing the order “as applying only as to the named plaintiffs in this suit.” Forrest will clarify in a subsequent Memorandum Opinion and Order that by blocking enforcement of § 1021(b)(2), the only remaining persons covered are those defined in § 1021(b)(1): “A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks” (see June 6, 2012). [Hedges v. Obama: Government's Memorandum of Law in Support of Its Motion for Reconsideration of the May 16, 2012, Opinion and Order, 5/25/2012]
Background - The NDAA was passed by Congress on December 15, 2011 (see December 15, 2011) and signed into law by President Obama on December 31 (see December 31, 2011). The provision for indefinite military detention of any person accused of supporting groups hostile to the United States, without charge or trial, began to generate controversy soon after it was disclosed (see July 6, 2011 and after).
Entity Tags: Noam Chomsky, US Congress, White House, US Department of Justice, United States District Court, New York, Southern Division, US Department of Defense, Mitch McConnell, Nancy Pelosi, Katherine B. Forrest, Carl Mayer, Bruce Afran, Birgitta JÃ³nsdÃ³ttir, Barack Obama, Alexa O’Brien, Chris Hedges, Leon Panetta, Kai Wargalla, Daniel Ellsberg, John McCain, John Boehner, Jennifer Bolen, Eric Cantor, Harry Reid
Timeline Tags: Civil Liberties
A federal judge denies the US government’s request (see May 25, 2012) to reconsider her order (see May 16, 2012) blocking enforcement of a law authorizing indefinite military detention, without charge or trial, of anyone, including US citizens arrested in the United States, accused of supporting groups hostile to the United States. Section 1021 of the 2012 National Defense Authorization Act (NDAA—see December 15, 2011) is under review in the case of Hedges v. Obama (see January 13, 2012) and Judge Katherine B. Forrest of the US District Court, New York Southern Division had issued a preliminary injunction enjoining enforcement of the law after finding it unconstitutional.
Controversy over Scope of Detention Authority - The US government had also stated in its request for reconsideration that it was interpreting Forrest’s order as applying only to the plaintiffs in the case. Forrest clarifies in her subsequent Memorandum Opinion and Order that by enjoining enforcement of § 1021(b)(2), the only remaining persons the law can be applied to are those defined in § 1021(b)(1): “A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.” This definition of covered persons is the same as the one given in the 2001 Authorization for Use of Military Force, passed by Congress following the September 11 attacks (see September 14-18, 2001). The Supreme Court has only ruled on a narrow range of relevant detention issues; one oft-cited case is Hamdi v. Rumsfeld (see June 28, 2004). Lower courts have produced a variety of opinions, some upholding an expansive view of detention authorities, others challenging it. In § 1021 of the NDAA, Congress asserted that it “affirms” detention authority granted under the AUMF, and does not “expand… the scope of the [AUMF].” Senator Carl Levin (D-MI), during a debate on the NDAA, explained the language in this way: “[W]e make clear whatever the law is. It is unaffected by this language in our bill” (see December 15, 2011). Congress included a separate, broader definition of covered persons in § 1021(b)(2) that potentially covered anyone alleged by the government to have supported groups hostile to the US, including US citizens arrested in the United States. This section is what prompted Hedges to sue, alleging these provisions violated his First and Fifth Amendment rights (see January 13, 2012). Forrest found the bill’s broad and vague provisions for indefinite military detention to be unconstitutional, and Congress’s statement that it was only affirming established law to be “contrary to basic principles of legislative interpretation that require Congressional enactments to be given independent meaning” (see May 16, 2012). [MEMORANDUM OPINION & ORDER: Hedges et al v. Obama 12 Civ. 331 (KBF) affirming preliminary injunction and scope, 6/6/2012]
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