Citizenship in the United States

“We Are No Longer a Nation Ruled By Laws”

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WashingtonsBlog  May 5 2014

The U.S. Supreme Court Decision … Means the Nation Has Entered a Post-Constitutional Era

Pulitzer prize winning reporter Chris Hedges – along with journalist Naomi Wolf, Pentagon Papers whistleblower Daniel Ellsberg, activist Tangerine Bolen and others – sued the government to join the NDAA’s allowance of the indefinite detention of Americans.

The trial judge in the case asked the government attorneys 5 times whether journalists like Hedges could be indefinitely detained simply for interviewing and then writing about bad guys.

The government refused to promise that journalists like Hedges won’t be thrown in a dungeon for the rest of their lives without any right to talk to a judge.

The trial judge ruled that the indefinite detention bill was unconstitutional, holding:

This Court rejects the government’s suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention.

But the court of appeal overturned that decision, based upon the assumption that limited the NDAA to non-U.S. citizens: Continue reading →

Daniel Ellsberg ~ NDAA Indefinite Detention Provision Is Part Of “Systematic Assault On Constitution” [Video]

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Democracy Now February 6 2013

Citizenship in the United StatesA lawsuit challenging a law that gives the government the power to indefinitely detain U.S. citizens is back in federal court this week.

On Wednesday, a group of academics, journalists and activists will present oral arguments in court against a provision in the National Defense Authorization Act, or NDAA, authorizing the military to jail anyone it considers a terrorism suspect anywhere in the world without charge or trial.

In a landmark ruling last September, Judge Katherine Forrest of the Southern District of New York struck down the indefinite detention provision, saying it likely violates the First and Fifth Amendments of U.S. citizens.

We’re joined by Daniel Ellsberg, a plaintiff in the case and perhaps the country’s most famous whistleblower. Ellsberg leaked the Pentagon Papers in 1971, exposing the secret history of the U.S. involvement in Vietnam.

Chris Hedges ~ The Final Battle

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TruthDig | December 23 2012

Over the past year I and other plaintiffs including Noam Chomsky and Daniel Ellsberg have pressed a lawsuit in the federal courts to nullify Section 1021(b)(2) of the National Defense Authorization Act (NDAA). This egregious section, which permits the government to use the military to detain U.S. citizens, strip them of due process and hold them indefinitely in military detention centers, could have been easily fixed by Congress. The Senate and House had the opportunity this month to include in the 2013 version of the NDAA an unequivocal statement that all U.S. citizens would be exempt from 1021(b)(2), leaving the section to apply only to foreigners. But restoring due process for citizens was something the Republicans and the Democrats, along with the White House, refused to do. The fate of some of our most basic and important rights—ones enshrined in the Bill of Rights as well as the Fourth and Fifth amendments of the Constitution—will be decided in the next few months in the courts. If the courts fail us, a gulag state will be cemented into place.

Sens. Dianne Feinstein, D-Calif., and Mike Lee, R-Utah, pushed through the Senate an amendment to the 2013 version of the NDAA. The amendment, although deeply flawed, at least made a symbolic attempt to restore the right to due process and trial by jury. A House-Senate conference committee led by Sen. John McCain, R-Ariz., however, removed the amendment from the bill last week.

“I was saddened and disappointed that we could not take a step forward to ensure at the very least American citizens and legal residents could not be held in detention without charge or trial,” Feinstein said in a statement issued by her office. “To me that was a no-brainer.”

The House approved the $633 billion NDAA for 2013 in a 315-107 vote late Thursday night. It will now go before the Senate. Several opponents of the NDAA in the House, including Rep. Morgan Griffith, R-Va., cited Congress’ refusal to guarantee due process and trial by jury to all citizens as his reason for voting against the bill. He wrote in a statement after the vote that “American citizens may fear being arrested and indefinitely detained by the military without knowing what they have done wrong.”

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