Armed Conflict Criminal Justice & the Rule of Law Terrorism & Extremism

Hedges on Hedges: We Won-for Now

Wells Bennett
Tuesday, September 18, 2012, 12:57 PM
Chris Hedges yesterday put out this op-ed about the case bearing his name---in which, as doubtless you know by now, a district judge recently enjoined the enforcement of Section 1021(b)(2) of the NDAA.  (The article seems to be superseded by events, if only in part.  In it, Hedges notes the government's announced intention to seek a stay from the Second Circuit.  That court in fact granted an interim stay late last night, pending the court of appea

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Chris Hedges yesterday put out this op-ed about the case bearing his name---in which, as doubtless you know by now, a district judge recently enjoined the enforcement of Section 1021(b)(2) of the NDAA.  (The article seems to be superseded by events, if only in part.  In it, Hedges notes the government's announced intention to seek a stay from the Second Circuit.  That court in fact granted an interim stay late last night, pending the court of appeals' consideration of the government's request to stay the district court's order during appellate proceedings.) Hedges begins the  piece, entitled "We Won-for Now," this way:
In January I sued President Barack Obama over Section 1021(b)(2) of the National Defense Authorization Act (NDAA), which authorized the military to detain U.S. citizens indefinitely, strip them of due process and hold them in military facilities, including offshore penal colonies. Last week, round one in the battle to strike down the onerous provision, one that saw me joined by six other plaintiffs including Noam Chomsky and Daniel Ellsberg, ended in an unqualified victory for the public. U.S. District Judge Katherine Forrest, who accepted every one of our challenges to the law, made her temporary injunction of the section permanent. In short, she declared the law unconstitutional.

Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

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