Last week a judge overturned the NDAA’s provision that authorizes the U.S. government to arrest and indefinitely detain people suspected of terrorism. The judge said that the provision violated the Constitutional protection of due process: the Fifth Amendment.
This restriction on federal power did not last long. A federal judge has just granted a “stay of execution” to the condemned provision.
This is in legalistic language. It does not say: “The feds can now lock you up again.” But this is what it means.
He offered no legal reason why he has suspended the judge’s ruling.
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel
Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the
17th day of September, two thousand twelve,
BEFORE: Raymond J. Lohier,
CHRISTOPHER HEDGES, et al.,
v. Nos. 12-3176 (L)
BARACK OBAMA et al.,
Defendants-Appellants have filed a motion seeking a stay of the District Court’s
permanent injunction entered on September 12, 2012, pending appeal, and for an immediate stay
of the District Court’s order pending consideration of the motion; and for permission to file an
IT IS HEREBY ORDERED that Defendants-Appellants’ motion to file an oversized brief
in support of their stay motion is GRANTED.
IT IS FURTHER ORDERED that the Defendants-Appellants’ motion for a stay pending
appeal is referred to a motions panel of this Court sitting on September 28, 2012.
IT IS FURTHER ORDERED that the District Court’s order dated September 12, 2012 is
stayed pending a decision on the motion by a motions panel. See Fed. R. App. P. 8(a)(2)(D).
Obama’s lawyers insisted that the restoration of this Fifth Amendment protection would do “irreparable harm.” I am not making this up.