The controversial provision 1021(b)(2) of the 2012
National Defense Authorization Act (NDAA) was back in
2nd Circuit Appeals Court yesterday (Feb 6). On September 12, 2012, the provision was ruled to be
vague and unconstitutional by District Judge Katherine B. Forrest who ordered a permanent injunction. Federal prosecutors immediately appealed the decision and were granted an emergency stay. Plaintiffs in the case are Chris Hedges, Daniel Ellsberg,
Noam Chomsky, Birgitta Jonsdottir, Jennifer Bolen, Kai Wargalla, Alexa O'Brien and
Cornel West.
Yesterday, after
court hearings, a two part panel was
organized to discuss the implications of Section 1021(b)(2) of the NDAA. The participants in the first part of the panel were (top photo), politician
David Segal, case coordinator
Tangerine Bolen, Pulitzer Prize winning journalist
Chris Hedges, Pentagon Papers whistleblower
Daniel Ellsberg, Hedges v. Obama case lawyers
Bruce Afran and
Carl Mayer, and journalist
Alexa O'Brien. Filmmaker
Michael Moore, whistleblower and attorney
Jesselyn Radack, and NSA whistleblower
Thomas Drake joined part two of the panel.
The
NDAA, as it stands now, is a law written in "dangerously vague" language, that authorizes the worldwide, indefinite military detention of anyone who is deemed to "substantially support", or "directly support" terrorist organizations or their "associated forces". It
"violates the 1st, 4th, 5th, 6th and 8th Amendments of the US Constitution and most of the Bill of Rights". As Daniel Ellsberg
summarized it in last night's panel:
"We don't quite live in police state, but we do have infrastructure of one!" With the rising
plutocracy, journalists and whistleblowers who speak out against corporate and government wrongdoing are increasingly finding themselves harassed and marginalized by those forces. If we keep in mind that the FBI investigated the
Occupy Movement as a
potential terrorist threat, it is difficult not to be skeptical of "intentionally" vague laws such as the 2012 NDAA. "Intentional", because, the law could have been simply rewritten to remove the ambiguity, but instead, the
2013 NDAA is just as vague. Take action,
Stop the NDAA!
Videos:
First Panel and
Second Panel.
Song of the Day:
Paloma Negra - Chavela Vargas (1961)