When 4th District Court Judge Katherine Forrest ruled the NDAA unconstitutional, there was wide rejoicing across the internet. Posts from prominent civil liberties activists like journalist David Seaman rang out with “VIICCTOOORRYY!” A Russia Today newscast, titled the ruling “NDAA Shot Down, But Threats Remain”, seemed to imply that the fight was over, or “on hold.” But it was only just beginning.
Do you remember, from your high school or college government courses, when they talked about the court having “neither the power of the sword nor the purse?” That means the High Courts of the United States cannot force the government to accept their ruling. They can heavily imply it, but they have no power to force government compliance. When the Supreme Court ruled against the government in Worcester v. Georgia, President Andrew Jackson is famous for having responded: “[Justice] John Marshall has made his decision, now let him enforce it.”
The tyrannical U.S. Government has taken the exact same tack with the ruling against them on the NDAA. But first, let’s quickly recap exactly how weak the government case in favor of the NDAA actually was. In Hedges v. Obama, the government routinely avoided the judge’s questions and demands:
The Court: “When we are talking about cases which have used the phrase ‘substantially supported’ and said that that is a valid criterion under the AUMF or of the legislation, that’s not the same thing as saying that . . . any court has found, one way or the other, that ‘substantially supported’ has an understandable meaning to an ordinary citizen?”
The Government: “It’s true that the courts have not expressly ruled that, that’s right.”
The Court: Give me an example. Tell me what it means to substantially support associated forces.
Government: I’m not in a position to give specific examples.
The Court: Give me one.
Government: I’m not in a position to give one specific example.
Later…
The Court: “Assume you were just an American citizen and you’re reading the statute and you wanted to make sure you do not run afoul of it because you are a diligent U.S. citizen wanting to stay on the right side of §1021, and you read the phrase ‘directly supported’. What does that mean to you?”
Government: Again, it has to be taken in the context of armed conflict informed by the laws of war.
Court: That’s fine. Tell me what that means?
The Government: “I cannot offer a specific example. I don’t have a specific example.”
After seeing the ridiculous responses the government had given her, and finding that even the government could not define those terms, Judge Katherine Forrest issued her ruling against the NDAA, stating:
“This measure has a chilling impact on first amendment rights.”
She then granted her temporary injunction:
“As set forth above, this Court has found that plaintiffs have shown a likelihood of success on the merits regarding their constitutional claim and it therefore has a responsibility to insure that the public’s constitutional rights are protected.
Accordingly, this Court finds that the public interest is best served by the issuance of the preliminary relief recited herein.”
This should be the end of it. This landmark case should be a victory for Americans, the Constitution, and the Bill of Rights. The judge clearly states “the public’s constitutional rights” and “the public interest.” Hey, I’m a part of the public, so I’m protected now!
Not so fast. Our tyrannical government, in one sentence, has chosen to defy a ruling by a federal judge.
“The government construes this Court’s Order as applying only as to the named plaintiffs in this suit.”
Just when you want to believe that there are good people in the highest levels of our federal government, statements like this bring you back to reality. The government continued:
“Although the Order fails to comply with Fed. R. Civ. P. 58, and the concluding paragraph of the Order is not, on its face, clear as to whom the injunction benefits, the government reads it in light of the well-established principle that courts “neither want nor need to provide relief to nonparties when a narrower remedy will fully protect the litigants”
Excuse me? Let’s very quickly compare Federal District Court Judge Katherine Forrest’s Order…:
“Accordingly, this Court finds that the public interest is best served by the issuance of the preliminary relief recited herein”
…with the government’s response:
“The government construes this Court’s Order as applying only as to the named plaintiffs in this suit.”
The Judge said her order was to protect the public interest. No informed human being could read it otherwise. Yet, according to the government, they can still detain you because you are not a named plaintiff. Our government is so entwined in a power grab that they will stop at nothing, even twisting court orders, to strip us of our Constitutional rights.
The government defied the court, the Constitution, and our Founding Fathers. It stops here.
There is no more time for procrastination, for hoping the government will fix itself. There is no more time to rely on the courts. There is no time to rely on Congress. The time to act is now.
It is now up to “We the People” to take down this tyranny.
Join the movement to repeal the NDAA: http://www.peopleagainstndaa.
People Against the NDAA – Unite! http://www.youtube.com/watch?
PANDA’s First Victory: http://members.beforeitsnews.
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Why doesn’t one of these judges have *alls enough to get him for “contempt of court” and follow through on it? There’s an enough willing people to serve him papers. Sheriff Joe could do it. I’ll do it in a New York minute. I got more *alls than I do brains. See website: http://www.haasstrep68.com
Great post, Dan. I saw this on Prison Planet yesterday. Is there a link to the government’s comments? I’d like to take a look at them all.
By now, nothing the Regime does or says should surprise. But I can’t help being continually shocked by the behavior of these thugs. Maybe it’s the utter contempt/disregard for any point of view not their own which I find most remarkable.
and does this surprise anyone…………….IN OTHER WORDS WE ARE SCREWED, WITHOUT THE BENEFIT OF A KISS………………and screw you ovomit, ya filthy p!g
Are we a Nation in which we obide by LAWS and Enforce them as needed or are we a bunch of Dimwits who stand Idoly by while contemptuously individuals, such as Obama, his Regime, Czars, Henchmen, Corrupted individuals go around Mocking our Constitution and Bill of Rights and doing whatever they want to do, meaning they are ” ABOVE THE LAW ” or what ???? This should be plainly seen as Contempt of the Courts Ruling and they should be held accountable for defying it…… WE THE PEOPLE can surely see this, so what is the problem with OUR Courts, Judges, Officials either in the Congress or the Senate ???? We Elected them to do the JOB in which we expected them to do and we get NOTHING from them…..
Well, if they want to sit back and just enjoy there Ride while in Office, we can Damn Sure take them out of Office as well, but it will be under a Penalty….. That Penalty is that they will Recieve NO Payment for Services rendered, NO Retirement or Pension, NO Health Care and they will NOT be able to obtain a Government Position of any kind from now on, till their Official Death….. Any and ALL qualifications for any of them will be Strictly Monitored to ensure they will NEVER, EVER be able to hold a position that involves the Government, Law Enforcement, Judgeship or any other form…… If caught trying to do so, will entail further Penalty’s and may even be considered as TREASON, in which the DEATH PENALTY will be Enforced…… Maybe this would get the LEAD out of their A__ses….. and we can get something done to make sure anything like this will NOT EVER Occurr…..
GOD BLESS AMERICA !!!!
Gunsmoke, you talk tough but there is nothing to back it up, meaning the American People. The Congress is bunch of either traitors or spineless weasels yet we can not even get the American voters to vote out these loser incumbents who sit on their asses doing nothing to protect us or those laws you speak of. The laws, The Constitution mean nothing anymore. We’ve been sold out already. I fear the only thing that will save this country is a violent revolution which I am afraid we will lose to the government. We have tried every peaceable means to get the attention of the congress to act, but those elitists don’t give a crap about what we want. They work for us ! Yea, right !! Our tac dollars may pay their salaries, but they Do Not Work for Us. They only work for their own gain to to hold on to their power over us.
Welcome to the Boehner, Holder and Obama teams new world of POLITICALLY CORRECT TREASON. http://www.gopetition.com/petitions/house-speaker-john-boehners-treason-or-just-misprision.html
Why do we as a people not organize and oppose this cretin and the congressional minions who are stealing us blind and raping us of our right to choose and every Other constitutional guarantee with impunity. Whether we like it or not, the time is coming when such a decision will have to be made and certain actions committed to. After we regain our country, no mercy should be extended to those who have tried by force to take from us what is ours by birthright and the authority of our constitution which is held in force by THE CONSENT THE GOVERNED!
right on target,we can not depend,on any of these treasonous trader politicians any more,we can,t trust them,they have shown us that over and over again,ask your self what have any of these treasonous do nothing poiticians done for we the people.answer nothing,they are all in bed together,with the other treasonous trader,ovomit//devil,pelosi puppet,reid communist,kagan treason recuse me,napalitano/treasonous trader,we the people don,t you understand whats happening,there sitting back robbing,stealing,cheating the americn citizens.what more proof do you need,its going to be up to we the people,we can,t expect any help,there all in bed togethr,time to call on all the freedom loving,god fearing american citizens,all the big groups,nra,teabaggers,to the nra,you say you have 3 or 4 million members,ok lets make a peacefull plan,prepare,unite,and come together,we the people who are the real government.look how far these treasonous trader do nothing politicians,have made this country fall,enough is enough.god bless ron paul,sheriff joe and cold case posse and all american veterans/citizens.one nation under god
I’m afraid that the only action we are going to be able to make is taking back what is ours by force. Obama and his communist czars are above the law and wil tell tell the courts to shove it…
You’re right !!! : WE ARE GONNA HAVE TO DO THIS OURSELVES !!
We MUST organize a MASSIVE but peaceful march of citizens on Washington—& then commence to making a whole slew of “citizens arrests” of all those who have committed Federal crimes—starting with Maobama !
WE THE PEOPLE actually have the LEGAL RIGHT to arrest them for their blatant crimes against our republic & Constitution. Civil Disobediance is an entity that is actually allowed us under our constitution—& THE TIME FOR US TO ACT is NOW, or it will be TOO LATE !!
What is NDAA, They should at least use the full name one time in the info.
It stands for the National Defense Authorization Act, which sounds nice but is actually the evilly deceitful way they name these things. For instance, the Patient Protection and Affordable Care Act, which also sounds good: who could possibly be against protecting patients or wanting medical care to be affordable? Then you find out it’s Obamacare… The Fairness Doctrine? The Independent Panel Advisory Board? Orwell’s newspeak is alive and well in the U.S.A.
It’s time for this undocumented treasonist muslim terrorist boon to be convicted of treason and executed as per the constitution
The following is the Obama plank from my Congressional campaign platform at: http://elect.ErnestHuberForcongress.com/
Let’s be honest, Obama is a communist revolutionary and an enemy of the United States. [Proof]
After his election, Obama and his followers began incrementally overthrowing our government and installing a dictatorship. They must be immediately arrested and jailed by whatever means necessary for waging war against us. Mass impeachments can come later.
If Obama is still in office, my first order of business to get the ball rolling will be to call for the referring of the matter of Barack Obama to the House Judiciary Committee to investigate grounds for impeachment for, inter alia, failing to protect the States from invasion (Art. IV, sec. 4, U.S. Constitution), RICO violations, sedition, national security offenses, and other acts of treason.
If the massive Congressional and Executive corruption continues, my second order of business from the floor will be to call upon the Commanding General of the United States Army Military District of Washington to immediately execute arrest and search and seizure warrants on Barack Obama, his staff, and others; or, in the alternative, that they be confined as unlawful combatants. If necessary, a military tribunal determined by the Joint Chiefs of Staff should then serve as our interim Executive and employ special prosecutors until a new election is held.
If We The People retake Congress, then I will urge the Senate to direct its Sergeant at Arms to make those arrests and confinements. Time is of the essence. [Proof]
If it’s illegal to directly overthrow our nation using armed insurgents, then it’s clearly illegal to indirectly overthrow our nation by massive fraud [Proof] and espionage using an unarmed insurgent President, his staff, and others. You can’t do indirectly what you’re prohibited from doing directly, even if you follow Rules for Radicals, smile, and do endless diversionary teleprompter propaganda and political indoctrination harangues. You can’t use the Constitution to destroy the Constitution. All lawmaking is pointless until Obama and his gang are removed.
Based on insurgency histories, traffic analysis and threat assessments, there are in excess of 10,000 communist/Muslim/gangster revolutionaries in the US who will be facing life in prison, and close to 1,000 facing capital punishment.
If Obama’s arrest and impeachment are unsuccessful, and as a last resort, I will assemble other Members of Congress, citizens, and militias, and proceed to the White House to implement the following foundational directive:
“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” The Declaration of Independence
Yours is the best plan of action I’ve seen to date. I’ve been dreaming about something like this for 3 years. I only wish the entire nation was informed enough to support such actions. I predict this summer and fall will be one for the history books, unless they are re-written later by the traitors. Riots, martial law, no election, massive arrests and possibly a civil war. I hope I’m very wrong.
Yeah, that’s “great” Mr. Wannabe Congressman Huber… SOUNDS wonderful—but your little plan is supposedly going to work within the ALREADY MASSIVELY CORRUPTED SYSTEM we have now. In other words, IT WON’T WORK !!! We would have to change the ENTIRE SYSTEM AROUND YOU for YOU to actually do any good ANY time soon at all—& THAT AIN’T HAPPENIN !!!!
Besides, how do we know YOU aren’t just another flake running for congress who is just saying what you know we WANT to hear—but will not do as you said once you get there ?? This is EXACTLY what happened with everybody we voted in under the same guise back in 2010… You know, “Tea Party” candidates who were supposed to change things like you say you will do ? –But THEY ALL VOTED FOR NDAA Mr. Wannabe Congressman Huber !!!!!
NO THANKS !!! –WE ARE GONNA HAVE TO DO THIS OURSELVES !!
We MUST organize a MASSIVE but peaceful march of citizens on Washington—& then commence to making a whole slew of “citizens arrests” of all those who have committed Federal crimes—starting with Maobama !
WE THE PEOPLE actually have the LEGAL RIGHT to arrest them. Disobediance is an entity that is actually allowed under our constitution—& THE TIME FOR US TO ACT is NOW, or it will be TOO LATE !!
the opposition= opposition to the marxist policies in place now.
OBAMA WILL LOSE IN NOVEMBER.
PERHAPS A FREEDOM SURVEILLANCE NETWORK IS IN ORDER.
USING WEBCAMS, ANY APPROACHING GOONS CAN BE BROADCAST TO THE INTERNET AS IT HAPPENS. IT WILL TAKE WORK TO DESIGN, HOWEVER, THEY ARE AFRAID OF THE CAMERA.
THIS WOULD BE THE MODREN STREET CRIER.
THE VOCAL OPPOSITION IS MY FIRST AMENDMENT “FREEDOM OF SPEECH RIGHT”
THIS NOTICE POSTED TO SOLIDIFY THE NEUTRALIZATION OF ANY ONE WHO WANTS TO
HARASS.
SHADOTRAK=VOCAL OPPOSITION TO THE ROGUE POLICIES BEING ATTEMPTED
THE RULING WAS “FOR THE PUBLIC GOOD” NOT JUST THE PLAINTIFF.
We are all venting and strongly voicing our opinions on this Western Journalist web site! If and when Obama gets reelcted and free speech criticizing the President will be illegal what will we do then! Very troubling times will be facing us all as the Marxist Socialist firms up his control and imposes more stringent executive orders and mandates painting all of us non conformists to his policies as Domestic Terrorists and have us imprisoned without due process and Habeus Corpus! Believe me I do not want to see civil strife in our country however the unwillingness of people in authority supposdly of the opposition party are not doing justice when they don’t pursue reasonable questions and answers of issues and problems our country is facing! And when the truth comes out they do not punish the lawbreakers who are commiting treasonous acts and deeds!
So, let me get this straight…Chris Hedges is free from the consequences of NDAA because he was the named plaintiff, but you, I and everyone else are still potentially under the tyranny of the law. This wasn’t some kind of a civil suit with two parties going after each other over some personal thing. Now is as good a time as any to remember the reasons this country were founded, long ignored by the dictator Obama:
“When in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation…that whenever any Form of Government becomes destructive to these ends [of Life, Liberty, and the pursuit of Happiness], it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
This punk as tyrant is going to be sorry someday when the people start following his example by taking matters into their own hands. I don’t know about you, but the steam is coming out of my ears!
Hmm… Wonder if they’ll use this tactic if Obamacare is ruled unconstitutional. Can always cut off federal funding to states that don’t comply. Who would stop them?
“As set forth above, this Court has found that plaintiffs have shown a likelihood of success on the merits regarding their constitutional claim and it therefore has a responsibility to insure that the public’s constitutional rights are protected.
Accordingly, this Court finds that the public interest is best served by the issuance of the preliminary relief recited herein.”
THE PUBLIC INTEREST, NOT JUST THE PLAINTIFF
OBAMA WILL LOSE IN NOVEMBER
VIOLATION OF THIS ORDER CAN BE THE CAUSE FOR AN ARREST WARRANT TO BE ISSUED FOR THE PARTY WHO VIOLATES THE ORDER. IF OBAMA IS THE CULPRIT THEN HE CAN BE ARRESTED, UNLESS HE STEPS DOWN.
EVEN IF HE STEPS DOWN, THERE IS STILL CRIMINAL CHARGES PENDING.
‘until Obama and his gang are removed.’
Until the American people realize that it doesn’t matter who is in the Oval Office, we are doomed. The elite control both sides of the party.
Judge Kathryn Forrest issued an injunction after ruling that NDAA directly violated the 1st amendment of the constitution. The governments “answer” to this injunction was completely unexpected and appalling to me. It should be to everyone. Acknowledging that they had lost and that NDAA is, in fact unconstitutional, they asserted that the ruling only applied to the plaintiff. In other words it does not apply to Mr. Hedges but the rest of us were not a party in the injunction so NDAA still applies to us. WTF?
I know of countless instances where “our” government does not agree with the interpretation of the constitution. They cite everything from the definition of specific language to the fact that we live in very different times since its ratification. While I do not agree with most of the legal squirming that is done to circumvent my rights, I do respect the fact that this is how our system works. Furthermore, I firmly believe that bellyaching about the problems we have without actually addressing the root of the issue is par for the course in our culture these days. The failure of us as Americans to play our role in governing ourselves has resulted in our current state. This I accept and am willing to take the hard road in restoring our country and my own liberty. I understand that we must pay the price of being trusting, apathetic and lazy for so long with sacrifice and hard work.
I was very pleased when I saw the ruling by Judge Forrest. I was relieved that our system had worked and there was great hope for our future if we were just willing to take the steps necessary to usher in a new era. Then I read the aforementioned response and I realized something. This is the first instance I know of that the Government admitted that it is will to directly violate my constitutional rights. This is not an interpretation or even a legal loophole. They say yes, it is a violation of the constitution; however, we do not care. Then I started reading and found out that the Executive branch does not even have to listen to the judicial branch because it has no power to enforce any action. The enforcement of this ruling falls to us…”We the People”.
We are soon going to face the reality that as Americans we must act and we must do it now. I pray that we do this through elections as we should because the alternative is absolutely horrifying. Either way everyone should prepare for a hard road ahead because without a doubt it is coming.
Indeed.
I read an article earlier with what was purported to be a guy riding on a bus, in a four bus caravan from Detroit to Wisconsin, with a bunch of Union Thugs. The purpose of this caravan ? To ILLEGALLY VOTE AGAINST SCOTT WALKER, IN THE RECALL ELECTION. The caller had infiltrated the group, and was planning to illegally vote FOR Walker. He most likely the only one on those buses who planned to do so. ANY illegal vote is WRONG I do not give a rip about party affiliation in this respect
I know this is off topic but I do Hope to see Western Journalism bring this story to light.
Why don’t YOU do something—& turn this guy’s caravan in ! Hell….HE should be doing so !
In many countries, behavior like Obamas’ causes the people to rise up and forcibly remove the despot. Obama is a treasonous mf, and should be impeached and imprisoned at Club Gitmo; where he can wile away the hours with his ilk.
As I have repeatedly stated before, we need another Constitutional Convention. This response from the government is a prime example. There are many loopholes that allow the government to disregard the law while individuals cannot. It is time to close those loopholes and Congress, both Democrats AND Republicans, have made it crystal clear they do not WANT those loopholes eliminated. A convention may be the country’s last opportunity to force Congress and all the federal government to obey the law.
Left something out. I believe a convention might be the country’s only hope of avoiding civil war, a war Liberals are already preparing for.
When SCOTUS rules AGAINST the health bill this month and they overturn it WHO will FORCE “O” to accept it?
Seems to me this NDAA is a dry run for ignoring the most divisive bill ever passed in Congress and would be the perfect tool for him to use to take the country over. just thinking out loud.