NDAA Passes House, Senate By Wide Margins, Amicus Brief Filed by Descendants of Interned Japanese-Americans on 68th Anniversary of Korematsu Decision

While the House passed the National Defense Authorization Act by a comfortable 315-107 margin and the Senate by a margin of 81-14, the controversial provision which allows for the indefinite detention even of U.S. citizens is continuing to be challenged in court. This week the children of Japanese-Americans the federal government interned in detention camps during World War II, filed a friend of the court brief in Hedges v. Obama, drawing parallels with their parents’ detentions. That federal policy was ruled constitutional by the Supreme Court in the 1944 case Korematsu vs. United States, continuing a tradition of yielding on military issues, even when they involved domestic action. In a 6-3 decision, the Court accepted the government’s argument of national security during wartime.

The Supreme Court also agreed with the government in World War I on another far-reaching rights violation, deciding that free speech could be curtailed in times of war. Justice Oliver Wendell Holmes used the now-famous argument that “you can’t yell fire in a crowded theater” to rule that criminalizing some forms of political dissent, such as opposing the draft, was constitutional. The NDAA provisions can similarly serve to place limits on free speech and a free press.  Another amicus brief filed in the NDAA case, by the Government Accountability Project, says that the indefinite detention provisions in the NDAA could also have a chilling effect on government whistleblowers.

The government argues that the country is in a state of war (on terror, even if they don’t use the term publicly), and the military has the authority to detain anyone in the world considered aiding Al-Qaeda or “associated forces”  and hold them for the duration of the war. The war is considered worldwide and indefinite. When a federal judge earlier this year briefly ruled the applicable portion of the NDAA unconstitutional, the Justice Department argued the language was nothing new, and the power already used and approved by courts. An amendment put forward by Senators Mike Lee and Dianne Feinstein that would exempt U.S. citizens from the provision was stripped in conference before the law passed.

The president remains fully committed to the indefinite detention powers and will be signing the bill presumably before the end of the year. Last year he signed it on New Year’s Eve, arguing he would never use the power to indefinitely detain Amricans. Officials explained the detentions were, uh, temporary. 

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  • BlogimiDei||

    Life, Liberty, and the Pursuit of Happiness.

    ...Whatever

  • ||

    The president remains fully committed to the indefinite detention powers and will be signing the bill presumably before the end of the year. Last year he signed it on New Year’s Eve, arguing he would never use the power to indefinitely detain Americans.

    So we should just trust him, then? Whether he uses the power or not, just having it makes him a dictator.

  • Anonymous Coward||

    Whether he uses the power or not, just having it makes him a dictator.

    You sound like one of those racist/ sexist/ ageist/ specist/ homophobe/ Teabagger/ Kochtopus/ prepper/ militia types.

    Do I report you to the FBI or the CIA to get you some Drone Process?

  • ||

    You sound like one of those racist/ sexist/ ageist/ specist/ homophobe/ Teabagger/ Kochtopus/ prepper/ militia types.

    No, I'm just an asshole.

  • ||

    I thought you were some kind of outer-space potato man.

  • ||

    Actually I'm more like Powdered Toast Man. And also an asshole.

  • ||

    "Well, legend says that Dirtfoot was...you know, kind of an asshole."

  • Jordan||

    But Obama got a 24/33 on the Buttplug freedom index!

  • BarryD||

    Buttplug wants to be detained indefinitely by Obama.

    So for him, that would be the pursuit of happiness.

  • BarryD||

    So he promises to declare American detainees to be not-really-Americans, just like FDR. How reassuring.

  • GILMORE||

    The president remains fully committed to the indefinite detention powers and will be signing the bill presumably before the end of the year...

    ...AND Obama is going to raise taxes on everyone, AND he has pledged to totally undo the Second Amendment by any means possible, AND he recently tried covering up the assassination of an Amabassador involved in a gun-running operation (ironic, that!), AND he's regularly blowing up children with drone missle-strikes...

    AND... President Obama's approval ratings hits 3-year high...

    http://www.nydailynews.com/new.....-1.1225013

    ...AND he's currently on the TV and he sounds like a completely unprepared fuckwit. No plan at all. He's just repeating his previous bullshit claims about "making sure to not raise taxes on 98% of Americans" (*except for payroll, AMT, medicare, and investments)

  • iggy||

    Presidents always have super high approval ratings following reelection. If you compare Obama's current approval rating to the last couple presidents at this point in their second term, he's actually not doing that well.

  • Rights-Minimalist Autocrat||

    People aren't willing to admit they voted for a stinker. No shock there.

  • Hugh Akston||

    Another amicus brief filed in the NDAA case, by the Government Accountability Project, says that the indefinite detention provisions in the NDAA could also have a chilling effect on government whistleblowers.

    That must be one 'o them whatchacallits...unintended consequences.

  • JW||

    No, I think it's doing exactly what they want it to do.

    Hmmm, gun control and indefinite detention? It's 2 great tastes in one!

  • BarryD||

    You have to admit, if people have guns, it's harder to pull off indefinite detention.

  • JW||

    The president remains fully committed to the indefinite detention powers and will be signing the bill presumably before the end of the year. Last year he signed it on New Year’s Eve, arguing he would never use the power to indefinitely detain Amricans. Officials explained the detentions were, uh, temporary.

    Oh, look. The bill has come due.

    Congrats, progressive fucktards. You finally got the gummint you deserve. Unfortunately, we got it too.

  • ||

    The one consolation we have is that as we're all being rounded up into camps, the truth will finally dawn on them and we can laugh at them.

  • Hyperion||

    we can laugh at them

    I was thinking more like laugh at them, punch them in the face, knock them down, and continue laughing at them while we kick the living shit out of them.

  • ||

    Now, now; just because they willingly marched us into tyranny is no reason to forgo the NAP. Also, you're probably going to want to save your energy for the hard labor and the surviving.

  • Hyperion||

    Once we are marching to to the gulags, the NAP is moot. We will then need to adapt and adopt the KSPS, kick the shit out of every progressive that you see. As a matter of fact, I am thinking that it is really never too soon for change.

  • General Butt Naked||

    NAP doesn't preclude self-defense.

    Hell, the whole reason for NAP, in my opinion, is that when there is a serious threat you have a good supply of furious violence saved up ready to be unleashed.

  • ||

    Colloquially known as a "RAGEBONER"

  • General Butt Naked||

    People think it's easy being a pacifist, but they're not the ones walking around with their RAGEBONER duct-taped to their legs, and a medically significant case of blue rage-balls.

    If only I had some vicodin. Gee, where in the world could I get some vicodin at?

  • AlmightyJB||

    Not a doctor. 'Cause it's better you be in pain then be under the influence of the evil pain medicine.

  • ||

    They'll just say that it's out fault because we elected the wrong guy, and he abused his power. Or, worse, they'll act like that woman on the subway platform in New York who was glad the police searched her bag for a bomb or weapon she might not have known she was carrying, they'll say it's good they're all locked up so they can't hurt anyone. Progressive fucktards are incredibly self-loathing.

  • ||

    And all the things they hate about themselves they project onto everyone else. God damn, everything about these people is despicable. They're worse than Wesley Crusher.

  • ||

    They're mindless fucking zombies.

  • ||

    They're mindless, self-loathing fucking zombies. But I guess all zombies are self-loathing. I mean, just look at them.

  • ||

    If they are worse than Wesley Crusher (and that's a pretty high bar), does than make His Pestilency The Traveler?

  • ||

    How is The Traveler worse than Wesley?

  • ||

    Well, he basically pulled a Polanski by plying him with grand promises of interdemensional, interstellar travel and all sorts of physics tomfoolery.

    Chicken, egg..egg, chicken.

    I find them both horrid, myself.

  • Hugh Akston||

    The Traveler isn't worse, but he does abuse his position of trust to take sexual advantage of Wesley.

  • ||

    So did you, but we don't condemn you for it.

  • ||

    Wait just a minute! Before I sign off for the night (I hate insomnia):

    If Obama:Progressives::The Traveler:Wesley

    And The Traveler:Wesley::Hugh:Wesley

    Then Hugh:Wesley::Obama:Progressives

    Therefore Hugh is Obama??? And has he fucked himself in the process?

  • Hugh Akston||

    Yeah but in my case he was totally asking for it.

  • Hyperion||

    This is the kind of dingbat that you wish when they searched her they pulled out a big green dildo and displayed it in plain sight of gawkers walking by, just to humiliate the stupid bitch. Or hell, just do the body cavity search on her in public, that way she will feel even safer.

    Progs will never feel safe, apparently, until every single one of their rights and all of their self respect have been completely stripped from them.

    The other thing that is really pizzing me off is that we would let a bunch of whiney ass women lead us down a path to our own destruction.

    I had someone that I know to tell me earlier today a friend of his said that he 'had to' come out in support of gun control, even though he didn't believe in it, because his wife would be upset if he didn't. *barf*

  • ||

    FUCK his wife.

  • General Butt Naked||

    I'm sure somebody is.

    Do you think she likes her effete husband? She probably thinks of him as a bill-paying eunuch.

  • DEG||

    You give them too much credit. The truth will never dawn on them.

  • ||

    Congrats, progressive fucktards. You finally got the gummint you deserve.

    Ummm, it passed by overwhelming margins in both Houses. Progs and socons alike voted for this abomination.

  • Fist of Etiquette||

    Thank God Obama is in charge of this power and not the other guy. That would have been a civil liberties nightmare.

  • Hugh Akston||

    I believe someone once said that absolute power is absolutely fine in the right hands.

  • Hyperion||

    It is! That's why Obama only kills innocent children with drones for the right reasons. He just wants to make us safer. Booosh would have done it for all the wrong reasons, like to make evil corporations and the Koch brothers even richer! Don't you see the difference?

  • Sevo||

    ..."The war is considered worldwide and indefinite"...

    Rings a bell; wasn't this an important part of a novel?

  • A Serious Man||

    I believe that was the platform Sauron ran on when he was elected leader of Mordor. Paul Krugman's endorsement really helped him as he pointed out that Sauron's indefinite and Middle-Earth-wide war plans would stimulate the economy and create lots of jobs for Orcs.

  • ||

    Mordor isn't a democracy, it's an autonomous collective. Like the Federation.

  • Anonymous Coward||

    We've always been at war with Eastasia/Eurasia/Al-Qaeda/Al-Qaeda affiliates.

  • AlmightyJB||

    "..."The war is considered worldwide and indefinite"...

    Marshall Law. One step at a time.

  • Redmanfms||

    Martial Law.

  • Alphonse||

    Martian law.

  • Hyperion||

    Another topic... why does everyone keep saying that the world didn't end today? It's only 5:27pm Mexico City time, dummies! The world still has more than 6 hours to end! That's why I'm currently working on drinking as much beer as possible until the end! Fools!

  • JeremyR||

    That's because yesterday was their equivalent of Dec 31st, 1999, and today would be Jan 1st, 2000

  • Brian from Texas||

    315 House members and 81 Senators just committed treason against the United States of America. When Obama signs it he will also have committed treason.

  • Suki||

    +100

  • Suki||

    While the House passed the National Defense Authorization Act by a comfortable 315-107 margin

    Sure is a lot of votes for one executive. Are you sure you didn't mean something else, like the House of Representatives?

  • Suki||

    Ack! My misread! Please accept this in lieu of a kindly worded cable!

  • Sevo||

    OT, sort of:
    Code Pink perfectly happy with drones killing kids, but:
    http://blog.sfgate.com/nov05election/2012/12/21

  • DJF||

    “”””Justice Oliver Wendell Holmes used the now-famous argument that “you can’t yell fire in a crowded theater” to rule that criminalizing some forms of political dissent, such as opposing the draft, was constitutional.””’

    He used “you can’t yell fire in a crowded theater” in a case which involved no yelling, no fire and no theater, crowded or not and he did not even mention any law involving yelling fire in a crowded theater. I thought that judges are suppose to deal with law and fact of the case and Holmes instead wandered off into fantasy off his own making.

  • John C. Randolph||

    On a related note, Oliver Wendell Holmes was a fascist prick.

    -jcr

  • JeremyR||

    He was a fan of Nero Wolfe, so that's something...

  • NYer||

    The Nay votes on NDAA:

    NAYs ---14
    Barrasso (R-WY)
    Crapo (R-ID)
    Durbin (D-IL)
    Enzi (R-WY)
    Franken (D-MN)
    Grassley (R-IA)
    Harkin (D-IA)
    Leahy (D-VT)
    Lee (R-UT)
    Merkley (D-OR)
    Paul (R-KY)
    Risch (R-ID)
    Sanders (I-VT)
    Wyden (D-OR)

  • The Bearded Hobbit||

    Franken (D-MN)

    Really?

    I guess blind squirrels and acorns and all that.

    ... Hobbit

  • ||

    Ironically, the entire Hawaii contingent (except for Inouye, who died a few days ago, but you know that statist fuck would have voted YEA) voted for it. You know -- Hawaii, the state full of Asians, where Asians were incarcerated in camps in living memory.

  • Michael Ejercito||

    Korematsu is still binding precedent on the Second Circuit. its decision must be consistent.

  • John C. Randolph||

    I'm pretty sure the dregs in black dresses don't want to be reminded of Korematsu. It's right down there with Dred Scott on the list of evil deeds of the court.

    -jcr

  • ||

    You know there's some non-partisan weirdness going on when Flake is on the wrong side of a civil liberties bill, and Pelosi is on the right side.

  • NYer||

    Unfortunately, Flake like Pelosi has always been sort of a fair-weather friend on civil liberties issues. The sad thing is most of the Senators on that list I posted are the same way or worse, the exceptions being Paul, Lee, Wyden, Merkley, and Sanders.

  • ||

    I made sure to go on all my Senator's and Rep's Facebook pages and call them scumbags for selling out my freedoms. That'll teach 'em!
    /too jaded to give a shit anymore

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