Administration Argues to Keep Infinite Detainment Provision
Judge ruled it violated Fifth Amendment
When it comes to national security and steps towards a less dystopian United States, there was about five minutes of good news Wednesday when Federal Judge Katherine Forrest permanently blocked section 1021 of the National Defense Authorization Act, which — arguably, but it definitely doesn't not — allows for indefinite military detainment of American citizens connected to terrorism, even those captured on U.S. soil.
Sadly less than 24 hours after Forrest blocked section 1021, the Obama administration appealed the decision. They are continuing the argument that the NDAA is simply redundant with powers already granted in the 2001 Authorization for Military Force Act. Forrest disagrees, and maintains that her ruling would not conflict with those powers, but that the NDAA unconstitutionally expands the category of people who can be legally detained.