Obama fights ban on indefinite detention of Americans
RT | August 7, 2012
The White House has filed an appeal in hopes of reversing a federal judge’s ruling that bans the indefinite military detention of Americans because attorneys for the president say they are justified to imprison alleged terrorists without charge.
Manhattan federal court Judge Katherine Forrest ruled in May that the indefinite detention provisions signed into law late last year by US President Barack Obama failed to “pass constitutional muster” and ordered a temporary injunction to keep the military from locking up any person, American or other, over allegations of terrorist ties. On Monday, however, federal prosecutors representing President Obama and Defense Secretary Leon Panetta filed a claim with the 2nd US Circuit Court of Appeals in hopes of eliminating that ban.
The plaintiffs “cannot point to a single example of the military’s detaining anyone for engaging in conduct even remotely similar to the type of expressive activities they allege could lead to detention,” Obama’s attorneys insist. With that, the White House is arguing that as long as the indefinite detention law hasn’t be enforced yet, there is no reason for a judge to invalidate it.
Reuters reports this week that the government believes they are justified to have the authorization to lock alleged belligerents up indefinitely because cases involving militants directly aligned against the good of the US government warrants such punishment. Separate from Judge Forrest’s injunction, nine states have attempted to, at least in part, remove themselves from the indefinite detention provisions of included in the National Defense Authorization Act for Fiscal Year 2012, or NDAA.
In section 1021 of the NDAA, the president’s authority to hold a terrorism suspect “without trial, until the end of the hostilities” is reaffirmed by Congress. Despite an accompanying signing statement voicing his opposition to that provision, President Obama quietly inked his name to the NDAA on December 31, 2011. In May, however, a group of plaintiffs including notable journalists and civil liberty proponents challenged section 1021 in court, leading to Justice Forrest to find it unconstitutional one month later.
“There is a strong public interest in protecting rights guaranteed by the First Amendment,” Forrest wrote in her 68-page ruling. “There is also a strong public interest in ensuring that due process rights guaranteed by the Fifth Amendment are protected by ensuring that ordinary citizens are able to understand the scope of conduct that could subject them to indefinite military detention.”
At the time Justice Forrest made her injunction, attorney Carl Mayer told RT on behalf of the plaintiffs that, although he expected the White House to appeal, “It may not be in their best interest.”
“[T]here are so many people from all sides of the political spectrum opposed to this law that they ought to just say, ‘We’re not going to appeal,’” Mayer said. “The NDAA cannot be used to pick up Americans in a proverbial black van or in any other way that the administration might decide to try to get people into the military justice system. It means that the government is foreclosed now from engaging in this type of action against the civil liberties of Americans.”
The original plaintiffs, who include Pulitzer Prize-winner Chris Hedges, have asked Justice Forrest to make her injunction permanent. Oral arguments in the case are expected to begin this week.
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Muslim Brotherhood: “Israel Is Connected To Sinai attack”
By Saed Bannoura | IMEMC News | August 07, 2012
The Muslim Brotherhood in Egypt stated that Sunday’s attack against an Egyptian military base in the Sinai, “could be attributed to the Israeli Mossad”, adding that this attack aimed to foil efforts of newly-elected Islamist President Mohammad Morsi.
In an online statement, the Brotherhood said that Israel is trying to foil the achievements of the Egyptian revolution that removed former President Hosni Mubarak from power. The Brotherhood added, “this attack pushes all related sides into reconsidering the articles of the Egyptian-Israeli peace agreement”.
The Brotherhood stated that after the Egyptian revolution several groups tried to sabotage popular achievements and began plotting against the country and its people.
“Yesterday, a group of criminals attacked our policemen, killed nearly twenty soldiers, brothers, in an ugly crime, before the criminals managed to hijack two armored vehicles and drove them towards the border”, the Brotherhood said. “Immediately after the attack, Zionist media agencies accused fighters in Gaza of being behind the criminal attack; the timing of the attack comes to create a rift between Gaza and Egypt”.
The Brotherhood also said that the attack aims to prove the failure of the new Egyptian government, formed just three days ago, “to foil the reform agenda of the newly elected Islamic president”.
“This crime carries the signature of the Israeli Mossad as Israel has been trying to sabotage the achievements of the revolution, especially when taking into consideration that just a few days before this attack was carried out, Israel called on its tourists to leave Sinai”, the Brotherhood added.
The Muslim Brotherhood further called on the Egyptian people to counter the criminal activities collaborators, and to stand with the newly elected president in his efforts to restore law and order, and to maintain a strong security situation.
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Hebron: Palestinian streets closed for Israeli settlers
6 August 2012 | International Solidarity Movement, West Bank
In Hebron on the evening of July 29, almost 100 Israeli settlers from the illegal settlements occupying the centre of the city crossed into the Palestinian-controlled area H1. The settlers illegally entered H1 supported by a heavy Israeli military presence.
Earlier that evening, 4 Israeli military vehicles were witnessed driving through H1 area. At the same time, some 60 Israeli settlers gathered at Checkpoint 56 which marks the border between H1and H2 (the Israeli-controlled areas of Hebron). Several of the settlers, besides being armed with assault rifles, were also carrying compact tables and large bags of food.
Shortly before 7 p.m., Checkpoint 56 was closed to all Palestinians. Soon after, the Israeli military escorted the settlers through the checkpoint into the Bab al-Zawiyeh neighbourhood of area H1.
After the group of settlers passed through, Checkpoint 56 was reopened to Palestinians but the streets of Bab al-Zawiyeh were closed to Palestinian pedestrians and cars who were told to use a parallel street. The 4 military vehicles seen earlier were now parked and soldiers forced Palestinian shops to close down. Thus the otherwise lively Bab al-Zawiyeh was almost deserted.
The Israeli brigade commander declared that the street was a Closed Military Zone (CMZ), and when asked for the CMZ paper permit he replied,“this is a Closed Military Zone because I say so.” The same commander pushed several International Solidarity Movement volunteers in the chest for their inquiries.
Several Palestinians attempted to enter to their homes in H2, as they regularly would, but were aggressively refused at the checkpoint and directed to a lengthy detour. The detour is made kilometres longer by the fact that Palestinians are denied access to Shuhada street.
At 7:30 p.m., just before eftar when most Palestinians would be breaking the day’s fast, a group of about 30 settlers gathered at Checkpoint 56. A short while later, this group was escorted down the closed-off street to join the other settlers now numbering almost 100.
Twenty minutes later, a group of 20 settlers returned back towards H2. As they passed the empty square of Bab al-Zawiyeh they clapped their hands and started chanting in Hebrew, celebrating the empty Palestinian streets. Several pointed, laughed, and made rude gestures at the few Palestinians remaining on the edges of the street.
At around 8:30 p.m., the settlers returned to H2 in smaller groups and escorted by soldiers. Again they pointed, laughed, and took photos of Palestinians they passed. At 9 p.m., the last soldiers packed up and left the area. Immediately, shops reopened and Palestinians returned to the streets. Slowly, Bab al-Zawiyeh began to look like itself again.
More than 50 soldiers and almost 100 illegal Israeli settlers were participating in what is a yearly event. Annually, dinner is had at a site in Bab al-Zawiyeh which they consider a sacred place in Judaism. In practice, this dinner serves as an aggressive reminder of who is in charge. That Israel with more than 4000 soldiers stationed in Hebron, can do as they please despite what the lawful agreements may dictate.
It is noteworthy that this occurred in a week that has been rampant with military night raids, harassment and abuse against Palestinian residents of Hebron who are celebrating the month of Ramadan.
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