NDAA 2012 Update: Odrona Demands Dismissal Of Section 1021 Injunction
Corporate puppet and wannabe fascist dictator Barack Obama aka Bushbama aka Bushbamney wants to keep the power to make you disappear asserted in AUMF 2001.
By: VVV PR
"Dissent without civil disobedience is consent."-Henry David Thoreau
In the case of Christopher Hedges et al v. Barack Obama et al (Case 1:12-cv-00331-
Defendants Barack Obama,Leon Panetta, and the Department of Defense (collectively, the "government")
Plaintiffs present a truly extraordinary claim in this action. They seek to enjoin the operation of a statute enacted by Congress and signed into law by the President, a statute that codifies a longstanding Executive military-detention authority that has been upheld by the courts, and therefore enjoys the endorsement of all three branches of the government. While that alone would be an ambitious endeavor, plaintiffs reach even further, and claim that they, as journalists and activists, may obtain an injunction to invalidate the statute on its face, to apply worldwide, and, most unusually, to prohibit certain uses of the military detention authority exercised by the United States and the Commander-in-
Even if plaintiffs had some cognizable injuries, those harms would not be redressed by an injunction against section 1021; as plaintiffs themselves acknowledge, such an injunction would have "nil" effect, for the government would continue to possess the identical detention authority under the 2001 Authorization for the Use of Military Force. Plaintiffs thus would achieve no meaningful relief from the injunction they seek, and lack standing for that reason as well. Because plaintiffs lack standing, this Court need not (and must not) unnecessarily decide the constitutional questions plaintiffs present.
If it were necessary to reach the merits, plaintiffs' claims would fail. Their facial and overbreadth challenges, if even appropriate in this context, founder on the indisputable fact that section 1021 has a plainly legitimate sweep that dwarfs the purported infringement on free expression; indeed, the statute is not even aimed at speech or expressive conduct. Nor is the statute unconstitutionally vague: it does not prohibit any conduct and therefore is not even subject to vagueness analysis. Even if it were it would still be valid, as its meaning as informed by context is more than clear enough to meet constitutional standards. All of plaintiffs' claims on the merits fail, but in particular none of their theories can come close to justifying the invalidation of the non-punitive war-time authority that Congress affirmed in section 1021.
For all those reasons, the Court should enter judgment for the government.
The entire brief (.pdf):
"Those who make peaceful revolution impossible will make violent revolution inevitable."-
REPUBLICANS AND DEMOCRATS: ALL PROBLEMS, NO SOLUTION.
END TWO-PARTY TYRANNY: OUR SECOND REVOLUTION!
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...and a question about the Aurora Colorado Batman theater shootings:
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Tag: #ndaa, #ndaa2012, #indefinitedetention, #aumf, #obama, #bushbama, #bushbamney, #odrona, #protest, #protests, #protesters, #protesting, #nvcd, #freespeechzones, #orwellian, #amerika, #sheeple, #fascism, #fascists, #kleptocracy, #anonymous, #ows, #protest, #rebellion, #revolution
Key: ndaa, ndaa 2012, indefinite detention, aumf 2001, obama, bushbama, bushbamney, odrona, protest, protests, protesters, protesting, nvcd, non-violent civil disobedience, free speech zones, dissent without permission, orwellian, amerika, sheeple, fascism, fascists, kleptocracy, anonymous, ows, protest, rebellion, revolution