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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhy I知 Suing Barack Obama by Chris Hedges
Why Im Suing Barack Obama
By Chris Hedges
Hedges graduated from Harvard Divinity School and was for nearly two decades a foreign correspondent for The New York Times.
January 16, 2012
Attorneys Carl J. Mayer and Bruce I. Afran filed a complaint Friday in the Southern U.S. District Court in New York City on my behalf as a plaintiff against Barack Obama and Secretary of Defense Leon Panetta to challenge the legality of the Authorization for Use of Military Force as embedded in the latest version of the National Defense Authorization Act, signed by the president Dec. 31.
The act authorizes the military in Title X, Subtitle D, entitled Counter-Terrorism, for the first time in more than 200 years, to carry out domestic policing. With this bill, which will take effect March 3, the military can indefinitely detain without trial any U.S. citizen deemed to be a terrorist or an accessory to terrorism. And suspects can be shipped by the military to our offshore penal colony in Guantanamo Bay and kept there until the end of hostilities. It is a catastrophic blow to civil liberties.
I spent many years in countries where the military had the power to arrest and detain citizens without charge. I have been in some of these jails. I have friends and colleagues who have disappeared into military gulags. I know the consequences of granting sweeping and unrestricted policing power to the armed forces of any nation.
This demented war on terror is as undefined and vague as such a conflict is in any totalitarian state. Dissent is increasingly equated in this country with treason. Enemies supposedly lurk in every organization that does not chant the patriotic mantras provided to it by the state. And this bill feeds a mounting state paranoia. It expands our permanent war to every spot on the globe. It erases fundamental constitutional liberties. It means we can no longer use the word democracy to describe our political system.
Read the full article at:
http://www.truthdig.com/report/item/why_im_suing_barack_obama_20120116/
To read Chris Hedges legal filing aimed at overturning a new law that would allow the indefinite detention of U.S. citizens deemed terrorism suspects, click here.
http://www.truthdig.com/report/page2/why_im_suing_barack_obama_20120116/
ProSense
(116,464 posts)"Why Im Suing Barack Obama "
...I think this is absurd: http://www.democraticunderground.com/?com=view_post&forum=1002&pid=174942
JohnnyRingo
(18,638 posts)Thanks for that clarification on Hedges' background.
Too may people are going about walking and dressing like dedicated progressives these days calling for the ouster of Barack Obama. When you scatch away the outer patina we find someone who never liked the man for one reason or another to begin with, claiming their actions are based on some patriotic or moral mission they've been on since birth.
The fact is, these people would be glad to replace Obama with a president Romney on the absurd notion they can then stop complaining about government over reach.
I don't know Hedges' rooted motives for certain, but It was easy to spot many of these people even before the election. They were the ones with "Democrat For McCain" signs in their yard. I had one friend who had one of those signs in his front yard in 2008. Do you know what he said when I asked him why?
Of course you do.
markhalfmoon
(3 posts)That crowd blames him for everything and gives him credit for nothing.
FarLeftFist
(6,161 posts)He casted a ballot for McCain/Palin. On the other hand, Obama has stated that he is FOR repeals of certain provisions. Not to mention the VETO-PROOF majority in the House.
Response to ProSense (Reply #1)
AtomicKitten This message was self-deleted by its author.
Fuddnik
(8,846 posts)Hedges is completely right in this case. There is no place in any Democracy for laws like this.
I think he's also right (I've said it before) that the banksters and Wall Street PTB got spooked by the Occupy movement, and are doubling down against the citizens.
treestar
(82,383 posts)The law has not been applied to him.
His argument that it might someday be applied to him may not be enough to continue a suit.
Better Believe It
(18,630 posts)And the governments can't be compelled to prove they are terrorist supporters because such action would be based on secret "classified" government documents that can't be publicly released and discussed because to do so would be aiding terrorists!
Our DU attorneys can answer this.
treestar
(82,383 posts)The person indefinitely detained can file a writ of habeas corpus. Where in the NDAA does it say that the person does not have the right to counsel and that the detention is not public? You're now adding new evils to the alleged "indefinite detention."
Better Believe It
(18,630 posts)Alleged "indefinite detention"????!!!!
How about the alleged NDAA?!
I know, I know .... this law is really just a giant leap forward to expand and defend our Constitution.
War is peace.
treestar
(82,383 posts)With no real legal backing to it.
And apparently decided that there can be no challenge to it, either.
Why don't you worry more about jurisdiction stripping? There are un-reviewable acts of the Executive now. That would be more of a threat to the separation of powers.
Yet you simply deem that since you want it to be so, there can be no challenges to this law.
Robb
(39,665 posts)I agree, without a damaged party he's the wrong one to bring the suit.
I've been saying for some time a suit will be brought, and won, but it will be against the AUMF, not the defense budget. And it will require a damaged party.
treestar
(82,383 posts)So if they do not have a good argument for change in existing law, they are subject to frivolous filing penalties. One is not supposed to file lawsuits to get attention.
Robb
(39,665 posts)Other than misspelling "Barack..."
Anyhow. Looks like he's going with "foreseeable jeopardy," in that since he repeats the words of those he interviews, he's fearful of coming under the law as "substantially" or "directly" supporting terrorists. He wants a judgment declaring sections of NDAA unconstitutional, as well as legal costs.
Interesting legal team, both very active Nader supporters over the years. One even seems to have called Michael Moore a "New Democrat," whatever that means: http://www.counterpunch.org/2008/09/22/an-open-letter-to-michael-moore-aka-god-s-pen-pal/
treestar
(82,383 posts)There are three standing requirements:
Injury: The plaintiff must have suffered or imminently will suffer injuryan invasion of a legally protected interest that is concrete and particularized. The injury must be actual or imminent, distinct and palpable, not abstract. This injury could be economic as well as non-economic.
Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.[15]
Redressability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.[16]
http://en.wikipedia.org/wiki/Standing_(law)
Being fearful that a law might apply to you is abstract - there's no injury yet.
Robb
(39,665 posts)I really, really, really, really doubt it. But it might be enough to scrape by against frivolous.
Better Believe It
(18,630 posts)Why am I not surprised?
treestar
(82,383 posts)These are the facts. You don't have to like them. The Courts apply the case law, not your personal take on things.
markhalfmoon
(3 posts)This lawsuit by Chris Hedges is doing exactly what I believe Obama wanted it to do. Challenge the law's legality in the courts. I believe he set it up to lose in court.
People who are just determined to dislike, mistrust and criticize every single thing President Obama does, of course will assume the worse. That he has some nefarious plot to sell them out to the evil forces of the world, etc.
I believe his back was up against the wall with this. Congress was going to pass it, with or without him. He agreed to sign it in return for planting legal bombs in it that I feel certain will cause it to be struck down in court.
The House of Representatives voted to pass the NDAA 2012 with 283 (65%) voting yes and 136 (31%) voting no. 14 (3%) didn't vote.
The Senate voted to pass it with 86 (86%) voting yes and 13 (13%) voting no. 1 (1%) Senator did not vote.
I am just guessing that the 8 Republicans - including Michele Bachmann - that didn't vote the last time would have joined their colleagues in the House to make up the two thirds majority needed to hand President Obama an embarrassing defeat with an override of his veto in this election year. There's no question that there was more than the required number to override a veto in the Senate. It would have been a futile act of symbolism to veto it.
The veto of this bill, which primarily funds the entire Armed Forces, would cause a delay, during which troops in Afghanistan would not be paid, jets would be grounded for lack of fuel, the Pentagon couldn't pay its heating bill and thousands of shipbuilders and other workers employed by contractors with the military would be laid off. He doesn't have line item veto power so he couldn't just veto the part he didn't like.
President Obama would have begun his reelection year with Republicans blaming him for "not paying our brave combat soldiers," killing jobs, and being weak on defense. He knew he was going to catch hell for this decision, but he made a difficult choice. That's why he made the signing statement. What other reason would he do that? The wording of it was part of the legal sabotage he placed in it to help assure that the courts would overturn it.
All the lefties who think he is just weak, immoral or corrupt are blinded by their one dimensional thinking. Why is it so hard to believe that this man is smarter than you?
WordsCanBeTraps
(7 posts)This begs a number of questions.
Why did the White House indicate he was leaning towards not signing the bill?
Why was the bill signed on New Year's Eve of all days?
If the President is so concerned with civil libeties, why has his administration engaged in and endorsed
activities such as the following?
"The president may now order warrantless surveillance, including a new capability to force companies and organizations to turn over information on citizens finances, communications and associations. Bush acquired this sweeping power under the Patriot Act in 2001, and in 2011, Obama extended the power, including searches of everything from business documents to library records. The government can use national security letters to demand, without probable cause, that organizations turn over information on citizens and order them not to reveal the disclosure to the affected party."
"Like the Bush administration, the Obama administration has successfully pushed for immunity for companies that assist in warrantless surveillance of citizens, blocking the ability of citizens to challenge the violation of privacy"
"The Obama administration has successfully defended its claim that it can use GPS devices to monitor every move of targeted citizens without securing any court order or review" (Johnathan Turley)
This is only a sampling. And it is nothing new with him. *Here is Rachel Maddow on indefinite detention from 1999*
youtube.com
/watch?v=XBdPEK5pNtE
He may be 'smarter' than us lowly, beknighted flatlanders. It may not be to our benefit however
--
As far as Chris Hedges, I suggest a viewing of his recent wide-ranging interview on CSPAN. Particularly for anyone questioning his motives.
www.c-span.org/Events/In-Depth-with-Author-and-Journalist-Chris-Hedges/10737426679-1/
fasttense
(17,301 posts)Obama knows the law is seriously flawed and deliberately unconstitutional.
Yet he signed it anyway.
Just like he knew the de-funding of ACORN was a bill of attainder and unconstitutional. Yet he signed it into law anyway and destroyed ACORN.
Obama has betrayed the American People.
_ed_
(1,734 posts)huh?
treestar
(82,383 posts)He can sign it, knowing the Courts will not uphold it, so it's worthless anyway.
n2doc
(47,953 posts)Now I know why. Idol worshipers at work!
Major Hogwash
(17,656 posts)"Hedges graduated from Harvard Divinity School"
Not a lawyer!