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The Government Can Now Legally Detain You Indefinitely After All. It Couldn’t Over the Weekend.

Written by Gary North on September 19, 2012

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.

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,
Circuit Judge
Appellees, ORDER
v. Nos. 12-3176 (L)
12-3644 (Con)

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
oversized motion.
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.

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21 thoughts on “The Government Can Now Legally Detain You Indefinitely After All. It Couldn’t Over the Weekend.

  1. Rabelrouser says:

    OK, so the Fifth Amendment has been suspended legally by the courts, its not like some one made a cheap video condeming the Constitution or something. So really there is no reason for the citizens to get upset about this, is there? Nope, no reason to take to the streets in protest over this ruling, we are Americans; we know that the government is looking out for us.
    Heck who needs Rights and Freedoms anyway, they just keep the government from keeping us safe.

  2. what else are they going to take away from us. its comign that they are going to take away our freedom and also our love for the word God away so what else can they take away. I think that government should stay by themselves and thats it, leave us free people alone… do not allow anyone to take away our consitition just because they can and want to form us into zombies like the rest of the world. where others do not care about where we are and what we stand for. Gimme a break… I was born here and I love what this country represents… Freedom to do work and love who I want not someone to tellme who and what to eat drink or smoke. We were founded by this Consitituion and I think it should be kept alive if nothing else.

  3. Shirley A. Rhodes says:

    Someone must do something! We must wake up and TAKE BACK OUR NATION! Abe Lincoln closed the Gettysburg address with these words, “we here highly resolve that these dead shall not have died in vain, that this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth.” As a Christian, Prayer is our Hope! ‎11Chronicles 7:14 “Then if my people who are called by my name will humble themselves and pray and seek my face and turn from their wicked ways, I will hear from heaven and will forgive their sins and restore their land.” Dear God, Please hear from Heaven! We are humbled, We have repented and We are praying… We seek Your face only and are turning from our wicked way! Help us please, please! Show us your arm of mercy! Your mighty arm of Justice! Your mighty hand of healing! Please bring revival to America! Pour out your Spirit, Lord, God and Bless America Again! In Jesus Name I pray! AMEN

  4. Please educate others and everyone you know about this. It is an alarming trend, the loss of our freedoms.
    I discussed the NDAA when it was passed with everyone I knew, and most heard nothing, I believe it passed on Thanksgiving day, yes Thanksgiving Day, when they had the votes needed for it to pass,

  5. If the people are that lazy and apathetic that they will let tyranny reign, then there is no hope! It's time for the sheeple to become rams! 1776…1776…1776…

  6. Corrupt judges pay back those that made them. There is no such thing as an independent judiciary. Don't believe that lie. Where are the anti-monopoly crusaders when we need them? Oh yeah, they went to work for the government. Break up the behemoth called the federal government. No consent. None.

  7. Seminole Katz says:

    I double dog dare Romney to bring THIS up in a debate with Obama ! Let Obama try to explain just how Good this for America while D.H.S. orders more BULLETS !

  8. adamenochnoah says:

    Abe Lincoln is the Dictator President that Obama admires most…

  9. adamenochnoah says:

    Oromney is in on this depredation too. He has stated ad nauseum that he fully supports the Patriot Act & the NDAA in their entirety…

  10. The L-rd helps those who help themselves. The massive assault upon the Constitution by its so-called 'Ushers' do not begin yesterday. The masses protesting the loss of their Liberties who refuse to Stand Up, instead whining "SOMBODY needs to do something" or "THEY need to do this or that" are not worthy of enjoying our Liberties. Patrick Henry did not tell the House of Burgesses, "King George should leave me alone!"

  11. I think next is the Fema camps then execution. To arms!!!

  12. Mel I have no problem with your 'call' for people to stand up and protest. But just for the record there's NO WHERE in scripture that says 'God helps those who help themselves'. It's a common mistake that many people actually believe but it's NOT scripture. The truth is that if people could 'help themselves' God wouldn't have sent Jesus Christ. He came BECAUSE people can NOT help themselves! Having said that…. where's the next protest going to be?? God Bless. :o)

  13. This is the thing I don't get. Abe Lincoln, our first Republican and abolitionist president stands for everything OPPOSITE that BO stands for. On one hand hate the alledged "racsit republicans" on the other praise Abe Lincoln. This propaganda of praising the dem party despite IT'S role in promoting slavery during the civil war and starting the KKK adn bringing in Jim Crow AFTER the civil war then calling the Republicans "racist" pisses me off. Your charge of Lincoln being a dictator is unfounded, whereas BO IS setting himself up as a dictator.

  14. mrsgunnut10 says:

    No 5 th Amendment ???? Whats next Judges ???? Are you going to TRY and tell us heathens that we are subjects and not citizens. I know Obama feels this way but he is a Tyrant/Despot/Muslim/Communist that should not be in Office anyway. This tells me that there are way too many "activist Judges" around this great Nation that need to be removed – forcefully if necessary. I do not understand how a lowly Judge can just, basically do away with, one of our Amendments that are granted by the Constitution of these United States of America. Do we not have a House of Representatives and Senatorial Side of Government that is supposed to be of Service to the Citizens of America ?? Where are you Congress and Senate people – WE THE PEOPLE – need you NOW!!! Thank you for your time. TSgt., USAF Retired.

  15. Theblackcat999 says:

    Well I heard on the radio yesterday that obummers is in bed with the Muslim brotherhood and should he be reflected obummers will allow the Muslims. To take over control of our government and the country

  16. Actually, Lincoln was, to a large degree a dictator. He cared only about proving the union. I'm a Yankee, and I know that the civil war was more a war against northern aggression than over slavery as is commonly thought. The industrial northern states were ripunning roughshod over the more rural, agrarian southern states.
    Lincoln was determined to bring them into subjugation under a morepowerful central (federal) government. What was the death toll? If I recall correctly it was at least 750,000.

  17. Thanks for that; I have been trying to tell people this for years and they look at me as if I just walked out of an insane aslyum. My grandmother talked to me about Lincoln many many years ago and she said it was not a slavery issue as much as a states rights issue. And what she feared is exactly what we have today. Politians back then used popular issues to sneak through other issues that would not pass otherwise. No surprise.

  18. Gene W 1938 says:

    UN Just passed the Small Arms Treaty. During our next Obama made crises the Senate will ratify it and there goes our second amendment.
    Obama is wicked and Evil as his religion.
    Prepare for the fallout over Israel … Pray for them!

  19. adamenochnoah says:

    Abraham Lincoln, America's First Dictator. Judge Andrew Napolitano's History of Liberty…

  20. Hey everybody, let's watch more sports/NASCAR, go shopping and take a vacation. I just got a great deal on a big flatscreen and a backyard bbq grill! Bring the beer! Wheeeeee! 5th Amendment? Can I download a free copy on my I-Phone? It's probably outdated, having been written by (evil, White) men who didn't like women, Blacks, immigrants, homosexuals and Jews. Who'd want to party with a bunch of old grumps like them anyway?

  21. Every public official including judges is required to take a oath of office in which they pledge to uphold and defend the Constitution. If they violate that oath by making rulings against the Constitution — or acting like it doesn't even exist — they are "warring against the Constitution" and committing treason. So who are the real traitors??!!