Breaking News

U.S. Government Regains Indefinite Detention Powers
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

The Court of Appeals, 2nd Circuit has permanently vacated the injunction against “indefinite detention” issued by District Court Judge Kathryn Forrest in respect of the federal government’s powers under Section 1021 of the National Defense Authorization Act 2012.

While remanding the case back to Forrester, the Second Circuit permanently prohibited Forrester from issuing another injunction in the same matter and trying to check the federal government’s powers of “indefinite detention” again.

  
What
Where


The federal government maintains that powers to indefinitely detain a person are required to properly combat terrorism and other war situations. Given, that the country is considered to be in a perpetual state of war, journalists and activists challenged the law and expressed fears that it could be used maliciously.

The Second Circuit did not rule after addressing the constitutional issues, but rather addressed the standing of the plaintiffs and their stakes. U.S. District Judge Lewis Kaplan held American plaintiffs lacked standing because the provision, Section 1021 of NDAA 2012, “says nothing at all about the President’s authority to detain American citizens.”

So, according to the Second Circuit, U.S. citizens lacked standing from challenging the “indefinite detention” powers of the section.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




At the same time, Kaplan said with respect to a Wikileaks representative that people who were not U.S. citizens lacked standing to challenge the law because they failed to show “a sufficient threat that the government will detain them.”

The provision in question is supposed to allow the federal government to detain people indefinitely if it is suspected that the person or persons concerned, “substantially supported” al Qaeda, the Taliban or “associated forces.”



Journalists and activists who in their line of work report about conflicts overseas are concerned that the law could subject them to be indefinitely detained and prevent them from exercising their constitutional rights.

However, with the Second Circuit clarifying that both U.S. citizens and non-U.S. citizens lack standing to challenge the law the federal government’s powers to indefinitely detain people becomes unchallengeable.



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Litigator with 5-10 years of general insurance defense experience

USA-FL-West Palm Beach

Boutique litigation firm is looking for an experienced litigator with 5-10 years of general insuranc...

Apply Now

Transactional Real Estate Attorney with 4-10 years of experience

USA-CA-San Diego

San Diego office is seeking a transactional real estate attorney with 4-10 years of experience.

Apply Now

Real Estate/Business Transaction Attorney with 8+ years of experience

USA-WA-Seattle

Seattle office is seeking a real estate & business transaction attorney with 8+ years of experience....

Apply Now

Patent prosecution attorney with 3-5 years of experience

USA-CA-Costa Mesa

Costa Mesa office is seeking a patent prosecution attorney with 3-5 years of experience. Should have...

Apply Now

RELEVANT JOBS

Contract Attorney

USA-CA-Beverly Hills

We are looking for a civil business litigator with 3+ years of experience who is capable of attendin...

Apply now

Attorney

USA-CA-San Francisco

As an in-house legal counsel at Wix’s legal department, you will play a significant role in de...

Apply now

Experienced Insurance Defense Attorney Needed

USA-NY-Bohemia

Defense Negligence firm with offices in Nassau County and main office in Suffolk County seeks a full...

Apply now

Attorney

USA-MO-Kansas City

Successful, expanding KC personal injury law firm seeks an attorney with 5+ years personal injury li...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top