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Obama Administration Fights Challenge To Law That Allows US to Arrest, Jail and Kill US Citizens Without Charge or Trial

"Barack Obama - NDAA Legacy" (Illustration by DonkeyHotey)
By Chris Hedges
The Barack Obama administration, determined to thwart the attempt by other plaintiffs and myself to have the courts void a law that permits the military to arrest U.S. citizens, strip them of due process and indefinitely detain them, has filed a detailed brief with the Supreme Court asking the justices to refuse to accept our petition to hear our appeal. We will respond within 10 days.

“The administration’s unstated goal appears to be to get court to agree that [the administration] has the authority to use the military to detain U.S. citizens,” Bruce Afran, one of two attorneys handling the case, said when I spoke with him Sunday. “It appears to be asking the court to go against nearly 150 years of repeated decisions in which the court has refused to give the military such power. No court in U.S. history has ever recognized the right of the government to use the military to detain citizens. It would be very easy for the government to state in the brief that citizens and permanent residents are not within the scope of this law. But once again, it will not do this. It says the opposite. It argues that the activities of the plaintiffs do not fall within the scope of the law, but it clearly is reserving for itself the right to use the statute to detain U.S. citizens indefinitely.”

The lawsuit, Hedges v. Obama, challenges Section 1021(b)(2) of the National Defense Authorization Act (NDAA). It was signed into law the last day of 2011. Afran and fellow attorney Carl Mayer filed the lawsuit in January 2012. I was later joined by co-plaintiffs Noam Chomsky, Daniel Ellsberg, journalist Alexa O’Brien, Tangerine Bolen, Icelandic parliamentarian Birgitta Jonsdottir and Occupy London activist Kai Wargalla.

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