A little over a fortnight ago [on Friday 13th], attorneys Carl Mayer and Bruce Afran filed suit in the Southern U.S. District Court in New York City against President Obama and Secretary of Defense Leon Panetta to challenge the legality of the National Defense Authorization Act (NDAA 2012), which authorises indefinite detention of suspects without charge or trial:
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.1
Click here to read an earlier post on NDAA 2012.
Mayer and Afran filed the litigation on behalf of plaintiff Chris Hedges, a senior fellow at the Nation Institute and former New York Times foreign correspondent who was part of a team of reporters that was awarded the Pulitzer Prize in 2002. In an article posted on January 16th entitled “Why I’m suing Barack Obama”, Hedges says:
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. And while my battle may be quixotic, it is one that has to be fought if we are to have any hope of pulling this country back from corporate fascism.
[But] I suspect the real purpose of this bill is to thwart internal, domestic movements that threaten the corporate state. The definition of a terrorist is already so amorphous under the Patriot Act that there are probably a few million Americans who qualify to be investigated if not locked up. Consider the arcane criteria that can make you a suspect in our new military-corporate state. The Department of Justice considers you worth investigating if you are missing a few fingers, if you have weatherproof ammunition, if you own guns or if you have hoarded more than seven days of food in your house. Adding a few of the obstructionist tactics of the Occupy movement to this list would be a seamless process. On the whim of the military, a suspected “terrorist” who also happens to be a U.S. citizen can suffer extraordinary rendition—being kidnapped and then left to rot in one of our black sites “until the end of hostilities.” Since this is an endless war that will be a very long stay.
Click here to read Hedges’ full article.
On Jan 17th, Hedges and his attorney Mayer discussed their reasons for taking legal action on Democracy Now! :
CARL MAYER: Well, the purpose of the litigation is to have a federal court declare this act unconstitutional. And that would apply to everyone.
Chris is an important plaintiff in this, because—you just showed the clip from Mitt Romney. I’m not sure that Mitt Romney has read this bill. The act is so broad and vague that it covers, in its writing, any persons who give, quote, “substantial support to al-Qaeda, the Taliban, or,” quote, “associated forces,” which are incredibly broad, nebulous terms and could capture, within those—their terms, journalists like Chris Hedges, who courageously has gone around the world to interview members of opposition parties, to interview members of terrorist groups, to report the truth. And so, when Mitt Romney says these are people who are in terrorist organizations, that’s not how the bill is written. It’s written so broadly that it could encompass a journalist like Chris Hedges.
CHRIS HEDGES: President Obama said he was going to veto it, but we now know from leaks out of Levin’s office that that’s because the executive branch wanted to decide. They wanted the power to decide who would be tried, who would be granted exemptions. It wasn’t actually about the assault against due process.
And I think we have to ask, if the security establishment did not want this bill, and the FBI Director Mueller actually goes to Congress and says publicly they don’t want it, why did it pass? What pushed it through? And I think, without question, the corporate elites understand that things, certainly economically, are about to get much worse. I think they’re worried about the Occupy movement expanding. And I think that, in the end—and this is a supposition—they don’t trust the police to protect them, and they want to be able to call in the Army. And if this bill goes into law, and it’s slated to go into law in March, they will be able to do that.
Click here to read a full transcript of the interview.
1 From an article entitled “Why I’m suing Barack Obama”, written by Chris Hedges, posted on Jan 16, 2012. http://www.truthdig.com/report/item/why_im_suing_barack_obama_20120116/