An appeals court judge has issued an order temporarily restoring to Barack Obama – whose administration previously has described individuals who hold a pro-life position or advocate for the Second Amendment or limited government as possible terrorists – authority to detain indefinitely those suspected of aiding or supporting America’s enemies.
The order late last night from Raymond Lohier of the 2nd U.S. Circuit Court of Appeals stayed a permanent injunction issued by the trial court in the case and instructed that the issue be addressed by the court’s motions panel Sept. 28.
The move restores for now the authority for Obama under the National Defense Authorization Act to detain indefinitely those he would designate as having supported materially opponents of the U.S.
The lower court judge, U.S. District Judge Katherine Forrest, had ordered the authority, Section 1021 of the NDAA, blocked because, as she noted in her order, “The government put forth the qualified position that plaintiffs’ particular activities, as described at the hearing, if described accurately, if they were independent, and without more, would not subject plaintiffs to military detention under Section 1021.”
But she continued, “The government did not – and does not – generally agree or anywhere argue that activities protected by the First Amendment could not subject an individual to indefinite military detention under Section 1021.”