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“Journalist Chris Hedges was among the plaintiffs charging the law could be used to target journalists who report on terror-related issues.

“A friend-of-the-court brief submitted in the case stated: ‘The central question now before this court is whether the federal judiciary will stand idly by while Congress and the president establish the legal framework for the establishment of a police state and the subjugation of the American citizenry through the threat of indefinite military arrest and detention, without the right to counsel, the right to confront one’s accusers, or the right to trial.’


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“The brief was submitted to the Supreme Court by attorneys with the U.S. Justice Foundation of Ramona, California; Friedman Harfenist Kraut & Perlstein of Lake Success, New York; and William J. Olson, P.C. of Vienna, Virginia.”

Amici Curiae of the brief included U.S. Congressman Steve Stockman, Virginia Delegate Bob Marshall, Virginia Senator Dick Black, Gun Owners of America, the Downsize DC Foundation, the Western Center for Journalism, The Lincoln Institute for Research and Education, the Tenth Amendment Center, the Policy Analysis Center, the Constitution Party National Committee, Professor Jerome Aumente, and yours truly, among others.

See the brief here.

The WND report goes on to say: “The 2012 NDAA was fast-tracked through the U.S. Senate, with no time for discussion or amendments, while most Americans were distracted by the scandal surrounding A&E’s troubles with ‘Duck Dynasty’ star Phil Robertson.

“Eighty-five of 100 senators voted in favor of the new version of the NDAA, which had already been quietly passed by the House of Representatives. [Disgustingly, Montana's only U.S. House member, Republican Steve Daines, who purports himself to be a staunch conservative, voted for the indefinite detention provision of the NDAA, as did Montana's two Democrat Senators Max Baucus and Jon Tester. How did your congressman and senators vote? In my opinion, this is a monumentally-important vote; and a vote granting this unconstitutional power to the military and federal police agencies is inexcusable and demonstrates how both Democrats and Republicans will unite together to dismantle the constitutional protections of the American people in the name of "national security."]

“Hedges, a Pulitzer Prize-winning journalist, and others filed a lawsuit in 2012 against the Obama administration to challenge the legality of an earlier version of the NDAA.

“It is Section 1021 of the 2012 NDAA, and its successors, that drew a lawsuit by Hedges, Daniel Ellsberg, Jennifer Bolen, Noam Chomsky, Alex O’Brien, Kai Warg All, Brigitta Jonsottir and the group U.S. Day of Rage. Many of the plaintiffs are authors or reporters who stated that the threat of indefinite detention by the U.S. military already had altered their activities.

“‘It’s clearly unconstitutional,’ Hedges said of the bill. ‘It is a huge and egregious assault against our democracy. It overturns over 200 years of law, which has kept the military out of domestic policing.’


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“Hedges is a former foreign correspondent for the New York Times and was part of a team of reporters awarded a Pulitzer Prize in 2002 for the paper’s coverage of global terrorism.”

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The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.


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