NDAA Lawsuit Seeks Preliminary Injunction Against ‘Unprecedented Threat to Civil Liberties’
Noam Chomsky, Daniel Ellsberg and Icelandic parliament member Birgitta Jonsdottir are among the seven witnesses expected to testify in a New York federal court on Thursday in support of a class action lawsuit against the United States government over controversial provisions in the National Defense Authorization Act (NDAA), a military spending bill they claim threatens American's civil liberties and basic human rights.
U.S. District Judge Katherine Forrest will hear arguments for a preliminary injunction against certain sections of the legislation, which was signed into law on Dec. 31. Buried in the otherwise mundane budget and expenditure bill is a provision under Section 1021 of the law that permits the indefinite military detention, without a formal charge or public trial, of anyone suspected of participating in or aiding a terrorist organization "engaged in hostilities against the United States."
Although the bill explicitly states the military detention provision does not apply to U.S. citizens, but only American al-Qaeda members overseas, some critics fear the language could eventually be interpreted to apply to all citizens, something Sen. Mark Udall, D-Colo., said would be an "unprecedented threat to our constitutional liberties."
In December, Udall proposed an amendment to the bill that would have struck down the section authorizing the president to use "all necessary and appropriate force" to detain people suspected of terrorism. The effort was defeated in a 60 to 38 vote.
Author Chris Hedges, a former New York Times war correspondent, filed the lawsuit -- known as Hedges v. Obama -- against what he says are the law's "Homeland Battlefield" provisions , which he believes could allow for the indefinite detention of journalists who report the views of groups the U.S. government considers to be terrorists.
Read more: http://www.ibtimes.com/articles/321445/20120329/ndaa-lawsuit-obama-chris-hedges-daniel-ellsberg.htm