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Guest Post: Is The NDAA Lawsuit Headed To The Supreme Court?

Tyler Durden's picture


Via Michael Krieger of Liberty Blitzkrieg blog,

The NDAA lawsuit is one of the key topics we have written about over the past year or so.  For those of you that aren’t up to speed, one of the most popular posts we ever wrote was NDAA: The Most Important Lawsuit in American History that No One is Talking About.  Basically, Section 1021 of the NDAA allows for the indefinite detention of American citizens without charges or a trial.  Journalist Chris Hedges and several others sued Obama on the grounds of it being unconstitutional.  Judge Katherine Forrest agreed and issued an injunction on it.  This was immediately appealed by the Obama Administration to a higher court, which promptly issued a temporary stay on the injunction.

Yesterday, oral arguments began in front of this aforementioned higher court; the 2nd Circuit.  As Chris Hedges states in the interview below, if they win the case then it will likely be brought in front of the Supreme Court within weeks.  On the other hand, if the Obama Administration wins and the Supreme Court refuses to hear the appeal, Hedges states: “at that point we’ve just become a military dictatorship.”

To get a full update on the progress of the NDAA lawsuit make sure to watch this video.


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Sat, 02/09/2013 - 12:20 | 3228668 Winston of Oceania
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Be careful what you say or sign is the new motto Larry, so be careful...

Sat, 02/09/2013 - 12:15 | 3228659 Lord Of Finance
Lord Of Finance's picture

As I said before, Obama is a neo-marxist. There is plenty of audio of this scoundrel lamenting the fact that this government checks and balances.


   The union thugs that his henchmen will send to the streets when the bond crisis comes to these shores will make the Greek protests look like a May Day parade. These union crumbs will be the new 'brown shirts', of this millenium. Instead of wearing brown shirts, they will be out in the streets wearing hard hats and work boots.


   If you don't believe there is a neo-marxist movement in America that is a spawn of the old communist party USA of cold war era, then you are a naive, gullible ignoramus as to what their agenda truely is.


  If you want some published literature to read that will make it quite clear what the true agenda is of this administration then I suggest you read the last 3 books by David Horowitz, who is a former member of the neo-marxist movement. He is the Whitaker Chambers our day, but unlike Chambers, he is methodical, organized and quick witted.


If you do not know who Chambers is, he was a former CPUSA member in the early cold war years who flipped and wrote an epic book called 'witness' that exposed the CPUSA real agenda on transforming this nation. That book by Chambers was the biggest influence on Ronald Reagan's politics. That book was a blue print to win the cold war. Yes, Reagan did say that book transformed his 

Sat, 02/09/2013 - 12:16 | 3228664 jomama
jomama's picture

while martenson is far from perfect, (like the rest of us), it's nice to hear someone talking some sense and actually in court doing something about it. at this point, any small victory is a victory.

Sat, 02/09/2013 - 12:27 | 3228680 mendolover
mendolover's picture

Ding ding Lord -

Since only about 11% of the supposed work force is unionized, I'd like to know how many of them where hard hats.  And how many of them are supporters of the Second Amendment even though they are brainwashed libtards?

Sat, 02/09/2013 - 13:19 | 3228717 Lord Of Finance
Lord Of Finance's picture

These meatheads were swingin' fists over the 'right to work' law, just imagine what will come when a real "austerity" is proposed on a national scale. Don't worry about the small number of labor union members, all you need to do is take a look at the SEIU. And there will be many others. Especially when all their pensions inevitably go broke.


   The 'brown shirt militias' were a small number as well. So too were the teenage maniacs of the Bolshevic revolution. All it took to overthrow the Czar were a bunch of poorly armed street militias of what were mostly teenagers. Lenin organized these kids to revolt and chose these teenagers who were mostly 15-18 years of age, because he knew that nothing could match the fury, rage and energy of a group of young hooligans. That is all it took to bring complete hell on earth for that nation for the next 7 decades. How could that happen?In the words of Joseph Stalin who was a young soldier in Lenin's Bolshevic militia: "All that is needed for evil to flourish is for enough good people to sit and do nothing".

   It should cause some concern that Obama has captivated the youth movement here and spends wayyyyyyyyyyyyyy more time campaigning and politicing for his agenda at universities all over America then any other president or candidates of any political office for that matter. If Obama sights Saul Alinsky as one of his mentors, who is to say that Vladimir Lenin is not as well. Of course Obama would not be foolish enough to admit that he probably has high praise for Lenin, or more notably, Leon Trotsky, who according to the top two historians on Communist Russian history was the real brain behind the revolution. Trotsky's published works are adored by the likes of Alinsky so Obama is probably well read on the likes of Leon.

   The American people are clueless as to what is going on and that is the story of people throughout the world, throughout history.

Sat, 02/09/2013 - 12:24 | 3228674 mendolover
mendolover's picture

I just got about half way through shoveling two feet of fucking snow out of my driveway.  Climate change?  Bring it on baby!

Sat, 02/09/2013 - 14:39 | 3228914 TheGardener
TheGardener's picture

Homer Simpson you should have quoted and he talked about shoveling 3 feet`s of global warming ...;-))

Sat, 02/09/2013 - 12:45 | 3228718 nah
nah's picture

who cares if your a slave

Sat, 02/09/2013 - 12:47 | 3228720 loveyajimbo
loveyajimbo's picture



Yes the LAPD has always been racist and corrupt.

More killings are going to be attributed to chris dorner.

chris dorner will be "killed" or disappeared, but will not serve time.

read his last email titled his "manifesto"
all of his weaponry is discussed and he even goes on to tell how he illegally obtained class 3 weapons through atf loopholes and now is demanding restriction to be enforced along with the assault weapons ban to be revised and implemented.

why does a man on the run for his life care about feinsteins bill? and the need for new gun laws to be passed? because he is not on the run, this is simply an operation to pass political laws that disarm civilians.

the cia, nsa, dod have perfected the implementation of black operations such as this over the past 50 years in third world country's and now it is being implored on the home-front to cement the obama administrations death grip on the constitution. do you think in the next 4 years it will get easier to own a firearm? do you even think that their will be another election at the end of this 4 years? over 940 executive orders have been passed.

take an example of this simple psychology, why is it now accepted that in the public school system your children can be expelled or suspended for even pretending to play war or shoot each other? firearms are being taught as taboo and by the time these children are 25 -35 firearms will be a memory and the flying spying drones and unmanned cop cars that patrol the street while you are videotaped on every corner will be the norm.

You lost your 4th amendment with 9/11 (See
You have lost the constitution with the obama admin
how much more can you lose?

Sat, 02/09/2013 - 12:50 | 3228725 Atomizer
Atomizer's picture

Sorry for long post. Just read it. This was released in 1984, I was still in high school.  Ask yourself the obvious question… Nothing shocks me nowadays. The last efforts to contain authority always breaks down on itself.


Subhumans- From The Cradle To The Grave

Well they took you from your mother's womb and put you in a school

Told you how to run your life by following the rules

Told you not to pick your nose or disrespect the queen

Scrub your teeth three times a day keep mind and body clean

Save up all your pocket money, nothing is for free

And you'd better trust your parents cos there's no one else you see

And then they send you off each day remember what you're told

"You may think you don't need teaching but you'll need it when you're old"


And if you're too intelligent they'll cut you down to size

They'll praise you til you're happy then they'll fill you full of lies

Cos intelligence is threatening and genius is sin

If you could ever see through them they know they'd never win


So they channel your ability into the right direction

If you're good enough and rich enough you can be a politician

On the other hand if your too thick they'll tell you that you're lazy

They'll put you down and wind you up until it drives you crazy


They'll say you ought to learn a trade to help you in your life

Success is written in three parts: A job, a house, a wife

They'll say that school prepares you for the awesome world outside

Well it certainly gives you bigotry and patriotic pride


Racism, sexism teacher to class

From school to work remains the sameare you white and middle class?


You'll learn that bad men dress in black and good men dress in white

And the pamphlets in the playground say that's right

And that girls were made for housework and boys were made to fight

And the naughty pictures on page 3 make everything alright


And so from school to the outside world these morals you will take

And unless you can reject them you'll have your mind at stake


They'll give you a decision when you get to 18, too

The right to vote for someone else who says he cares for you

But the only thing he cares about is getting to the top

By conning you with empty words that promise you a lot

But the end result is slavery to a false set of ideals

You'll be tempted to believe them cos they'll seem so very real

The slavery of attitudes that make you keep in line

Subconsciously devoted to the morals of our time


And when you end up on the dole which you very likely will

They'll offer you a brand new trade: Learning how to kill


Why don't you join the army? Be a man and not a fool

There's someone else to think for you just like there was at school


They'll promise you absolution from the murders you'll commit

In the name of god and country they can get away with it

They fill you full of orders and promise you rewards

Like busting up your family by sending you abroad

A holiday in Germany or Iceland or Hong Kong

Making money being useless well it seems it can't go wrong

But then it's off to Northern Ireland where you'll practice what they preached

You'll shoot to keep yourself alive and kill to keep the peace

And then it won't be so much fun as you hear the wounded crying

Cos before they couldn't speak english and you didn't know what they were saying

But when the children call you "Bastard" it will make you think again

When you cannot tell the difference between animals and men


Animals don't wear uniforms but they kill as much as you

But the army kills for money and animals kill for food

It's the basest degredation in the name of what is right

Become something you never were and regret it til you die


Cos your father will tell you "Sonny, you must do as you are told"

And you'll say the same thing to your kids when you're 32 years old

And unless you can react against the brainwash from the start

Your government will rule your mind and your mind will rule your heart

You'll conform to every social law and be the system's slave

From birth to school to work to death, from the cradle to the grave.....


Sat, 02/09/2013 - 13:58 | 3228833 Clever Name
Clever Name's picture

+1 for any reference to actual old school hardcore.

Sat, 02/09/2013 - 18:08 | 3229346 mendolover
mendolover's picture

Thank you Roger Waters! ( :

Sat, 02/09/2013 - 13:23 | 3228767 Paracelsus
Paracelsus's picture

Those of you ZH'rs who are attempting to discredit Chris hedges should know this:

When he was a seminary student he would travel and work day and night in some of the worst areas of Boston.He taught himself to box so he could defend himself and others.

As well,he has travelled overseas to many hotspots,on the frontline,not "mahogany ridge" at the local press corp hotels.

I submit that he has done things that would make most of you lot pee your pants and cry for your mama...

It is one thing to walk somewheres tooled up,grenade launcher,body armor,etc.

It is another to do it armed only with faith,pen and paper...

You have tiny cojones.....

Sat, 02/09/2013 - 16:32 | 3229177 Jack Burton
Jack Burton's picture

Chris Hedges runs counter to all that Fox News stands for. If you praise Mr. Hedges for his stand against crony capitalism and US imperialism, know that you will get negatived and slammed for your praise of Hedges. The Fox crowd seems to buy the Neo-Liberal economic and Neo-Con foreign policy lie machine hook line and sinker. It is really sad and sick that so many who call themselves conservatives are really radical right wing corporatists and war mongering nationalists. They can't see they are being used by an elite that knows how to manipulate 30% of Americans to back all the war, all the military spending, all the attacks on working Americans and to back the crony capitalists that have perverted classical free market capitalism.

Sat, 02/09/2013 - 23:51 | 3229828 Dewey Cheatum Howe
Dewey Cheatum Howe's picture

Fox news is part of the state media. Their role is to play the Iron Shiek vs Hulk Hogan in a rigged WWE match. Either way they both work for Vince.

Sat, 02/09/2013 - 13:29 | 3228780 tip e. canoe
tip e. canoe's picture

Martin Armstrong has a blogpost about this:

read the petition that was filed on his behalf.   his personal story connects the dots very clearly.

Sat, 02/09/2013 - 13:57 | 3228825 cherry picker
cherry picker's picture

The NDAA and similar legislation will eventually breed more like Cristopher Dorner.

One big cesspool of suspicion and violence.  Ultimately the lack of security by not having a Constitution or Bill of Rights will force many to protect themselves as government is no longer accountable and therefore our enemy.

Sad isn't it?  We allowed it to happen.

Sat, 02/09/2013 - 13:55 | 3228828 MFLTucson
MFLTucson's picture

No faith in Roberts!

Sat, 02/09/2013 - 14:10 | 3228854 Lord Of Finance
Lord Of Finance's picture

Yeah. Can anyone tell me the difference between a supreme court justice and a politician, other than the fact that the justice is not elected?

Sat, 02/09/2013 - 16:26 | 3229154 King Anu
King Anu's picture

the reporter in the video is cute my kind of girl

Sat, 02/09/2013 - 18:02 | 3229334 mendolover
mendolover's picture

Sierra Adamson.  Has balls as big as Adam Rudowski's.  Seems pretty smart too.

Sat, 02/09/2013 - 16:30 | 3229167 expatincentam
expatincentam's picture

Chris Hedges, long time far left idealogue, i.e. more and better wars of "national liberation" and more supervision and oppression of the free market economy by the "activist" government bureaucrats to lift up "the poor."  He apparently is proving a point here that even a blind squirrel finds an acorn, or in his case, the "right" side of an issue, once.  And his orthodox "climate change alarmism," LOL!  Let's be honest if the world is going to climate hell, who cares about some annoying NDAA overreach, anyway?  In the end, we're all gonna die!  What a "maroon!"  If this turd is your spokesperson, your movement is doomed.

Sat, 02/09/2013 - 17:54 | 3229323 lovejoy
lovejoy's picture

A little more detail on this.

When the government lost the case, the Justice Department attorneys were immediately removed from the case and the Pentagon lawyers took over.

The Pentagon attorneys did not even allow 24 hours to lapse before they were appealing the decision in the Second Circuit and requesting a stay on the decison.

The reason was probably the fact that the military already has Americans in custody without any charges or rights to legal counsel.

If the Circuit court had not placed a stay on the District's court judges ruling, the Military would have had to release the prisoners to avoid being in violation of the law.

And then when the public realize that Obama is a liar -- he stated that this executive order had nothing to do with internment of Americans without trial -- all shit will break loose.

Sun, 02/10/2013 - 09:46 | 3230335 Dewey Cheatum Howe
Dewey Cheatum Howe's picture

If this is the case we need to get those spotlights focused in on this and find out the truth.

Sat, 02/09/2013 - 18:37 | 3229404 Parrotile
Parrotile's picture

By now it should be blatantly obvious that POTUS WILL get the result he desires (or rather, the result his "backers" desire), irrespective of the outcome of any Supreme Court ruling.

If the rule in his favour then "Mission accomplished"; if the Panel opposes his desires, then start watching the decline in the careers of, (or "sudden disappearance" / death of) those who opposed him. A unanimous rejection of the Act would in fact be an open invitation for a few more "False Flag" events, just to "condition" the population to a few more rounds of Executive Order largesse. Is the Legal System going to make a stand "Common Man"? Not if their lives / livelihood are at risk, and believe me they WILL be at risk, so self interest will rule the final outcome.

Anyway, he's got years to get what he wants, and get it he will. Either the easy way, or the hard way (and the hard way WILL mean more pain / restrictions / intrusion for the average Joe).

On a somewhat related note, it's "interesting" to observe the "professionalism" being shown by the LAPD on the Worldwide media: Seems when a few of their members are "at risk" there's justification for pretty unrestricted shooting of anything that might be remotely associated with the "suspect". Nothing quite as fun as "Shoot first, think later" is there - unless it's you whose on the receiving end . . . . .

Sat, 02/09/2013 - 18:38 | 3229407 goldenbuddha454
goldenbuddha454's picture

I've always said what's really important is what's not being reported ie...1) This NDAA lawsuit, 2)The pending bombardment of Iran's nuke sites 3) The incalculable erosion of American's freedoms since 911 via the Patriot Act and subsequent acts  4) The lack of prosecution and justice in the Fast and Furious/Gunwalker Probe 5)  The complete and total waste of taxpayer dollars on "Green Energy". 6) John Wheeler III working on the stutsnext virus who was murdered and thrown into a dumpster 7)  Worldwide food inflation 8)  The lack of attention to a complete revision of the US tax code. 9) Audit of the Fed and the gold supply  10) Gitmo staying open  11) Lack of discussion over the impact of Psych-Meds and anti-depressants in the gun control debate  12) John Corzine.  There are so many other stories that have mysteriously gone away which we'll probably never see again, but which affect us all in some respect.  Its sad to see what the media has become.  Completely and totally nepotistic and completely embedded in govt.   I feel like I'm living in France where the only view that is ever seen in any news outlet is Far Left, Left, Middle Left.  Politically, the Republicans have become the middle left of the Democrat Party.  There really is very little difference.  John Boehner and Paul Ryan will cave on the debt ceiling as they always do, ie the fiscal cliff.  Its whether you want govt. in your face, on your head or up your ass.  Those are your choices. 

Sun, 02/10/2013 - 02:47 | 3230109 helping_friendl...
helping_friendly_book's picture

I have cut and pasted your words. 

I will site you.

Sat, 02/09/2013 - 19:07 | 3229453 ramacers
ramacers's picture

there just isn't enough gray matter in this country to stave this off. get the tooling/machine shops undergroiund right now and ramp up for the ar-15 or bigger production. homeland sec. is stockpiling the ammo.

Sat, 02/09/2013 - 20:33 | 3229598 plata pura
plata pura's picture

this be the result of that toss pot reagen. now the state run capitalists can citizens united the fok out of all opposition. in conclusion much tumult and gnashing of the teeth will follow. it be figured in

Sun, 02/10/2013 - 17:58 | 3229755 Dewey Cheatum Howe
Dewey Cheatum Howe's picture

And this where the boots need to hit the road and the national libetarian party start organizing along with liberals and other pro second amendment and pro constitution groups. They all need to rally behind Mr. Hedges and get down to D.C. and protest on the Capitol lawn over this. Time to step up and get people to speak at the rally like Gary Johnson, Rand Paul and other pro civil liberty leaders. We do have the moral high ground on this issue in no uncertain terms.


The state media may refuse to cover it but we have our own open and decentralized media and the REAL journalists will rally behind us. We can counteract their lying BS by making sure we cover it each and every person at the rally by recording and taking pictures.


This is either the start of the great awakening or one of the final nails in the once great Republic. It will be up to US not them.


Sun, 02/10/2013 - 13:04 | 3230676 resurger
resurger's picture

love this guy.

Do NOT follow this link or you will be banned from the site!