NDAA detention back in on an ironic day

(Dec. 19, 2012) – History dealt out a delicious bit of irony yesterday.

Lawmakers hammering out a compromise version of the 2013 National Defense Authorization Act dropped the so-called Feinstein amendment from the bill. According to a report at Politico.com, Senate Armed Services Committee Chairman Carl Levin (D-Mich.) told reporters that the provision and language the House proposed to insert instead was ultimately replaced with language that indicates that last year’s NDAA shouldn’t be interpreted to preclude Habeas Corpus suits by persons detained in the U.S.

In essence, the weak language of the Feinstein amendment was replaced with even weaker language.

Indefinite detention stays.

The irony?

Yesterday also marked the 68th anniversary of the Supreme Court decision in  Korematsu v. United States. That ruling upheld the power of the president to create “exclusion zones” under executive order 9066.

With the order, President Roosevelt vested in himself the authority to prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded, and with respect to which, the right of any person to enter, remain in, or leave shall be subject to whatever restrictions the Secretary of War or the appropriate Military Commander may impose in his discretion. The Secretary of War is hereby authorized to provide for residents of any such area who are excluded therefrom, such transportation, food, shelter, and other accommodations as may be necessary, in the judgment of the Secretary of War or the said Military Commander, and until other arrangements are made, to accomplish the purpose of this order.”

The exclusion areas eventually covered nearly one-third of the United States and resulted in the caging of about 110,000 Japanese Americans.

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Detention law challenge fails

by Lyle Denniston

Supreme Court Justice Ruth Bader Ginsburg on Friday refused to block enforcement of a broad new grant of detention power for the government, indicating that she felt a need to be cautious about putting into effect a judge’s ruling that struck down that new law, at least while the issue was under review in a federal appeals court.  Ginsburg acted without seeking a response from the federal government to a plea by writers and political activists who fear they may be seized under that new law.  [This blog covered the filing of the stay application earlier this week.]

The full text of Ginsburg’s order, as shown on the Court’s docket, reads: “Application (12A600) denied by Justice Ginsburg.  The application to vacate the order entered by the United States Court of Appeals for the Second Circuit staying a permanent injunction entered by the United States District Court for the Southern District of New York is denied.  See Doe v. Gonzales, 546 U.S. 1301, 1308-1309 (2005) (GINSBURG, Circuit Justice).”

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Texas Bill would Nullify TSA Assaults

Texas Representative David Simpson of Longview Texas has introduced a state bill that would make it a criminal offense for a government agent to intentionally touch the private areas of a person without probable cause as a condition of travel. House Bill 80 would also, under the same conditions, prevent the separation of minors from…

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PANDA, Tenth Amendment Center, Break Ground in Michigan against NDAA

via People against the NDAA

The dedicated efforts of People Against the NDAA (PANDA), the Tenth Amendment Center, and thousands of volunteers paid off in the Michigan Legislature on Friday. Senator Randy Richardville (R-Monroe) -  the Senate Majority Leader – told PANDA’s Michigan team that the 2013 version of Rep. Tom McMillins’ HB 5768 (non-compliance with the indefinite detention provisions of the 2012 NDAA) will be scheduled as the first item for consideration in the new legislative session beginning in January of next year.

The bill, originally introduced in June of this year, was passed unanimously (107-0) by the Michigan House earlier this month. On Tuesday the bill was referred to the full Senate by the Judiciary Committee chaired by Senator Rick Jones (R-Grand Ledge) without a dissenting vote. The progress enjoyed by HB 5768 to this point was unusually quick and the unrelenting visits, calls, and emails from volunteers played a key role in this progress. This week, Senators and their offices were quite impressed by the large volume of calls and emails made by the energetic members of PANDA and coalition partners in support of the bill.

We will be back in January with numbers, spirit and enthusiasm. Building on our success in 2012, we will focus the energies of our growing army of volunteers on getting the bill through the House and Senate and on to Governor Snyder’s desk for his signature. We ask all those concerned about the NDAA to prepare to join us in January for our final push. In the meantime, we all should thank the following legislators for their assistance in 2012:

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