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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IridiumRebel's picture

I would like to give this +1000....I cannot, but at least you know. 

Fix It Again Timmy's picture

Today's typical reporter, "Mr. Powerful, I am not worthy to lick the bottom of your shoes, but do you have a tidbit that I can write about so I can earn my weekly paycheck?"  Very disgusting, isn't it?....

TahoeBilly2012's picture

Gee, I really wonder I would be thinking right now if I had remained brain washed liberal through all this? Let's see- a "black" man of the people, elected off the "streets of the USA" (cred man, cred) signs in to kill anyone, anytime.

I msut admit, brain dead Liberals seem to be happier than most right now.

world_debt_slave's picture

Ever since the Whiskey Rebellion, TPTB have ignored the US Constitution and trampled on the rights of it's citizens without repercussion.

One World Mafia's picture

As bad as the Supreme Court has been in upholding the constitution, it's hard to believe they will accept the White House interpretation of the AUMF.

Banksters's picture

These 'laws' often turn back on US citizens.   Just look at how constitutionalists and libertarians have been branded extremists.

Soon the govt will be blasting people here, to keep us safe.    And of course, we have the NSA basically doing a watergate on anyone they want to watch.   Fuck, I wish people would get as pissed off as I am, so we could make some demands.


Bad laws are the worst form of tyranny- Edmund Burke

Power concedes nothing without a demand- Frederick Douglass

Manipuflation's picture

Trust me, I am probably more pissed off than you are and have been for over a decade.  We made demands under the Ron Paul Campaign in 2008 and 2012, none of which were heard, or if heard, simply stifled via procedural bullshit.  They are and have been making it clear to us what their intentions are for those of us who choose small business and an independent lifestyle.

Via my experiences with various levels of .gov and partisan politics, I now have zero faith in any centralized govt or central bank in the world.  The entire scheme has infested every politician I know all the way down to the lowest levels of what is supposed to be local government.  The system is fatally compromised.  The EU or the US, et al, can deploy as many fucking trolls or drones as they want to try to dissuade me of my convictions but it will fail.  What has been seen cannot be unseen and our numbers are only growing.


Divine Wind's picture




GetZeeGold's picture



Can't open fire just yet....wouldn't be legal. No worries they'll screw up sooner or later.....they always do.


Remember the battle of Athens!

silverisgold's picture
Hedges: Obama is the soft face of imperial corporate power

and please, just because you might disagree with Hedges take on global warming, doesn't invalidate his effort.

gwar5's picture

I support him 110% on this and can happily disagree on AGW.


Am glad he draws a line in the sand and I wonder if he didn't mention AGW to get his tribe on board this as well. He knows how the media works, he's been one of them. He's probably seen as just another enemy of the state now. No one is allowed to disagree on anything in the emerging new normal. He can't go back.


Dapper Dan's picture

Yes, he knows the media, he was with the NYT  as a Foreign Correspondent (1990-2005)

he was let go, he would not conform!

Chris is the real deal,

for those that don,t know about Chris Hedges  I would recommend a visit to the following link.



Moe Howard's picture

But somehow he conformed for 15 fucking years.

And he is still a hard core leftist.

mendolover's picture

Very informative interview.  Thanks Dan!

Angus McHugepenis's picture

Serious question: Where does a guy like Chris Hedges get the cash to fund these courtroom dramas? I have never seen a reporter ask ANYONE, EVER, regardless who they are, how they fund these expensive endeavors. The lawyers have nothing to gain by winning so they must be getting paid by someone, somewhere.

Follow the money bitchez.

Edit: *** crickets ***

bunnyswanson's picture

Christopher Lynn "Chris" Hedges (born September 18, 1956) is an American journalist specializing in American politics and society. Hedges is also known as the best-selling author of several books including War Is a Force That Gives Us Meaning (2002)—a finalist for the National Book Critics Circle Award for NonfictionEmpire of Illusion: The End of Literacy and the Triumph of Spectacle (2009), Death of the Liberal Class (2010) and his most recent New York Times best seller, written with the cartoonist Joe Sacco, "Days of Destruction, Days of Revolt" (2012).

Chris Hedges is currently a senior fellow at The Nation Institute in New York City.[1] He spent nearly two decades as a foreign correspondent in Central America, the Middle East, Africa and the Balkans. He has reported from more than fifty countries, and has worked for The Christian Science Monitor, National Public Radio, The Dallas Morning News, and The New York Times,[2] where he was a foreign correspondent for fifteen years (1990–2005).

In 2002, Hedges was part of the team of reporters at The New York Times awarded the Pulitzer Prize for the paper's coverage of global terrorism. He also received in 2002 the Amnesty International Global Award for Human Rights Journalism. He has taught at Columbia University, New York University, Princeton University[2] and The University of Toronto. He writes a weekly column on Mondays for Truthdig and authored what The New York Times described as "a call to arms" for the first issue of The Occupied Wall Street Journal, the newspaper giving voice to the Occupy Wall Street protests in Zuccotti Park, New York City.



[edit] Biography [edit] Personal life

Christopher Lynn Hedges was born in St. Johnsbury, Vermont, the son of a Presbyterian minister, the Rev. Thomas Hedges. He grew up in rural Schoharie County, New York, graduated from the Loomis Chaffee School in Windsor, Connecticut, in 1975 and attended Colgate University where he received a B.A. in English Literature. He later gained a Master of Divinity from Harvard Divinity School, where he studied under James Luther Adams. He was awarded an honorary doctorate in May 2009 from the Unitarian Universalist seminary, Starr King School for the Ministry, in Berkeley, California.[3]

Chris Hedges is married to the Canadian actress Eunice Wong; they have two children. Hedges also has two children from a previous marriage.[3]

[edit] Political views

Hedges is a critic of Israel's policies towards Palestinians, and was also an early critic of the Iraq War. In May 2003, Hedges delivered a commencement address at Rockford College in Rockford, Illinois, saying: "We are embarking on an occupation that, if history is any guide, will be as damaging to our souls as it will be to our prestige and power and security."[4]

His newspaper, The New York Times, criticized his statements and issued him a formal reprimand for "public remarks that could undermine public trust in the paper's impartiality."[5] Shortly after the incident, Hedges left The New York Times to become a senior fellow at The Nation Institute, in addition to writing books and teaching.[5][6]

In his December 29, 2008, column for Truthdig, Hedges identified himself as a "socialist" in contrast to what he sees as "ruthless totalitarian capitalism."[7] On November 4 2011, Hedges was arrested with others in New York as part of the Occupy Wall Street demonstration.[8][9] Hedges has appeared on the syndicated Democracy Now! television program.[10] [11] and George Stroumboulopoulos Tonight. [12]

[edit] NDAA lawsuit Main article: Hedges v. Obama

In 2012, after the Obama Administration signed the National Defense Authorization Act, or NDAA, Hedges sued members of the U.S. government claiming that section 1021 of the law unconstitutionally allowed presidential authority for indefinite detention without habeas corpus. He was later joined in the suit, Hedges v. Obama, by activists including Noam Chomsky and Daniel Ellsberg. In May 2012, Judge Katherine B. Forrest of the Southern District of New York ruled that the counter-terrorism provision of the NDAA is unconstitutional.[13] The Obama administration has appealed the decision.

[edit] Books
Angus McHugepenis's picture

And... where is he currently getting the MONEY to pay the lawyers for his latest windmill attack?

bunnyswanson's picture

Persistent like a hemorrhoid, eh.  Donations, best selling authors may have some spare change, lawyers who ask for donations.  It's not important unless you are trying to insinuate Chris Hedges is a puppet put in place to do the obvious so that no one else will.  I saw him state on camera that his concern was for his young daughter.  He seems sincere to me.  If it is so important to you, ask him yourself.  I did find this:

Ways to help out:

1) The Senate will vote on an amendment to end indefinite detention later this fall. Click here to urge your senators to support that amendment and tell Obama to stop fighting our efforts in court:

2) Our attorneys have been working pro bono, but court costs are piling up. You can donate to support our lawsuit and activism (75% to the lawyers/court costs, 25% to RevTruth and Demand Progress, which have steered hundreds of thousands of contacts to Congress and been doing online work like organizing this AMA).

Click here to use ActBlue:

Click here to use WePay or PayPal.

About Us

We are lawyers, plaintiffs, and civil liberties advocates involved in the Hedges v. Obama lawsuit and other activism to fight the NDAA - specifically the "indefinite detention" provision.

Indefinite detention was passed as part of the fiscal 2012 National Defense Authorization Act and signed into law by President Obama on New Years Eve last Decemb. It would allow the military to detain civilians -- even Americans -- indefinitely and without charge or trial.

The provision being fought (Section 1021 of the NDAA) suspends due process and seriously threatens First Amendment rights. Judge Katherine Forrest ruled entirely in favor of the plaintiffs earlier this month, calling Section 1021 completely unconstitutional and granting a permanent injunction against its enforcement.

The Obama DOJ has vigorously opposed these efforts, and immediately appealed her ruling and requested an emergency stay on the injunction - claiming the US would incur "irreparable harm" if the president lost the power to use Section 1021 - and detain anyone, anywhere "until the end of hostilities" on a whim. This case will probably make its way to the Supreme Court.

You can read more about the lawsuit here:

Participants in this conversation:

First hour or so: Chris Hedges, lead plaintiff, author, and Pulitzer Prize winning former NYTimes reporter. Username == hedgesscoop

Starting in the second hour or so: Daniel Ellsberg, plaintiff and Pentagon Papers leaker. Username == ellsbergd

Starting about two hours in:

Bruce Afran, attorney. Username == bruceafran

Carl Mayer, attorney. Username == cyberesquire


Tangerine Bolen: plaintiff and lawsuit coordinator, director of RevolutionTruth. Username == TangerineBolenRT

David Segal: Former RI state representative, Exec Director of Demand Progress. Username == davidadamsegal

Proof (will do our best to add more as various individuals join in):, with today's paper, ready for Reddit:

Update 1: Chris had to run off for 20 min. Back now, as of 12:40 -- sorry for the delay.Update 2: As of 1:20 Daniel Ellsberg is answering questions. We have Chris for a few more mins, and expect the lawyers to join in about an hour. Update 3 As of 2pm ET our lawyers are on. Chris had to leave.

Angus McHugepenis's picture

Dear Bunny. You're fucking right I am Goddam persistent because it's blind sheeple that ALWAYS FORGET to follow the money.

Let CH himself explain his finances. He doesn't need your mouthpiece.

The CH fanboys here are very persistent but I doubt you have the same drive to ask the questions of your Commander in Thief.

Mark my words... Chris Hedges will run for political office VERY SOON. I bet you can't wait.

bunnyswanson's picture

Let the majority rule, that is all that I want.  There are so few people who have a recognizable name who have stood up and said, "wtf is going on here?"  Where are the Hollywoord stars, the rock stars, the legends on this?  Where is the music that should be putting bankers on the cross after describing entire lives ruined, never to recover in this new economy?  There are people having heart attacks and strokes over this.  Some are so struck with the terror always associated with a hopeless situation.  Extended credit to fuel a man through his sordid reign as king of America, the dog and pony show just never ends does it, or does it end when it is too late.  You are right.  This could be a controlled release of information so the masses get at least a wind of it; after all, there is an element of truth to every rumor they say.

So fucking what is what I say.

If not him, who?  You?  Mark my words, you'll be in the unit by the skid row residents if you are able to dig a hole.  Your property will be forfeited for the good of your nation and you'll become slaves at the mercy of which ever foreign investor now owns the only place in town to work.




Support the Lawsuit Citizens are losing their freedoms and we need your help to win them back!

Your assistance is critical to getting word out to the national media so that all citizens understand what is happening to their rights. We need your help, urgently, to WIN this case in the court of appeals and, if need be, in the Supreme Court.

Can you help us? Please donate any amount you can to help us cover court costs and get media exposure for this incredible battle to win back our rights to due process and free speech! Please share widely to everyone you can. Thank you!

Every donation, large or small counts!

Angus McHugepenis's picture

Majority rule is a quaint concept. It's been working great so far.

The problem with people in the media who are always saying "WTF" is that they NEVER actually DO ANYTHING except flap their spittle laden lips (Alex Jones, Max Keiser, whatever).

I'm going to tell you a little secret that I learned from the Queen of England. I rule my land, I own everything in my land, yet nothing is in my name. Therefore it cannot be taken from me either by force or by fraud.

Fuck me, I missed it in your post. You are trolling for fucking donations on ZH? Bailiff, whack his peepee.

alien-IQ's picture

You are not "persistent" are just plain stupid.

Tango in the Blight's picture

From the royalties of the 10 books he wrote maybe? And maybe from his buddies Chomsky and Ellsberg.

Angus McHugepenis's picture

Must be nice to live your life vicariously through other people. In this case, Chris Hedges and his pals.

Now lets get this really rocking... how did his buddies Noam and Danny maker THEIR MONEY?

See, you ain't following the money.

Edit: If you think CH is spending his OWN MONEY you are seriously fucking delusional.

smacker's picture

Looks to me like a guy who has spent a large part of his life working inside The Matrix but has become increasingly disallusioned as he discovers it has aims which are ever more evil. He is now speaking out.

Not unlike the ex-CIA guy John Kiriakou who's recently been awarded 2.5 years in prison for exposing CIA direct involvement in criminal torture.

These two stories probably have a number of common threads, one of them being that Obama has turned out to be at least as bad as Bush in blatant violation of the American Constitution.

BTW: neither of these stories have been covered by UK MSM.


samsara's picture

You have such GREAT opinions,  Can you give us a link to the books you wrote,  or other writings ?  Your website maybe?

Or are you a disinformationalist working for Obama and are  just visiting?

Angus McHugepenis's picture

Yes I can. As soon as you ask Chris Hedges who is paying for all of his lawsuits and reply back with the info forthwith.

alien-IQ's picture

The funding for the lawsuit comes from donations made here:

Furthermore, the law firm handing the suit is described as follows: "The Carl Mayer Law Group LLC is a small public interest law firm dedicated to restoring civil liberties and ending the tyranny of corporatized state power over American citizens".

The fees charged by this type of firm is not in the same rarefied stratosphere as the corporate apologists that pose as lawyers who defend the Goldman Sachs of the world for $2000 per hour.

The above information was easily accessible and had you bothered to take so much as 2 minutes to look for it you could have found it yourself rather than pose what you thought was a loaded question that would "expose" someone as being (fill in the blank). Instead, the only thing you really managed to expose is that you are too lazy to search for answers to your own questions.

tip e. canoe's picture

well played alien.   also, cheers to gwar for giving props to CH for his actions even though he disagrees with CH's ideologies.   that's how you snooker the divide & rule trick.

Banksters's picture

The drone argument is another fucked up issue.   I don't care who you are, if your family becomes collateral damage because of Obama, you've just become a permanent enemy of the US.   The cynical among us, count me in, believe this is precisely what the govt wants- an endless war on terror.    And how many times have they've killed the #2 man in alciada.   Regardless, what do we expect these people to do, accept being bombed in their own country?  



Spastica Rex's picture

Wait till the drone thing happens in the U.S. I can't wait to see how it's spun by CNN. That is if I'm not a causality. I hope the tough guys have guns that can stop a Reaper.

Manipuflation's picture

We don't need guns to do that, we have the following.  And Old Milwaukee as a first and last resort.  This video appears to have occurred in New York though.(?)

Go Tribe's picture

"Tough On Crime" - just like during the Nixon years.

JR's picture

Every 1.5 seconds a gun is being purchased in America.

“For the last two months Americans have been lining up in unprecedented numbers at gun shops and gun shows across the country. In fact, demand has been so massive that the FBI’s background check system in a number of states crashed as a result of being overwhelmed.

In January, some 2.4 million requests were sent to the National Instant Criminal Background Check System (NICS), which ranks last month as the second busiest in U.S. history.

“It was second only to the 2.7 million people who purchased guns in December 2012.

“In the last twelve months, over 20 million background checks have been performed by the FBI.”

Those are the facts, according to Mac Slavo today on

In short, it’s coming to a head. People literally are up in arms - about the drones; the assassinations, the CIA, the trashing of their bill of rights, the injustice, the illegal wars… One of the major reasons Obama won – even if it was the vote of illegal and manipulated immigration that elected him - is that the people feared the neocons and their wars. And, now, it’s going to blow up in his handlers’ faces.

There’s a rising resentment in this country. Hedges is right; but because of the Internet and the Hedges and the Zero Hedges, people are aware and starting to complain.

And they’re buying guns. And all of them are talking about having guns to protect themselves against the government. We’re living in a time when America is getting close to revolution. And as she gets close to the tipping point, the politicians, like the disgusting Senator Lindsey Graham, are going to cave like the weak sisters that they are.

Obama was the perfect candidate to institute this tyranny designed by the CFR, by the international bankers.  He had a chip on his shoulder against the United States, against white people. He disliked the way the whites were running the country; and from that standpoint he was ideal for the bankers’ purposes. In addition, he has no character, and he loves luxury, and he loves being in the public eye; and he’s arrogant. He was ideal.

The people have to take back their country from the bankers and one of the ways to do this is to have it blow up in the bankers' faces. We’re going to know very soon. The fuse is lit. They’re out of control, corrupting everything. And Obama is desperately hated by the people who count.

mendolover's picture

Do you think it's too late to find a gun for home defense?  How easy is it to buy bullets?  Aaaahaahaaahaaaa!!!

Winston Churchill's picture

Was in Gander Mountain yesterday.No shortage of guns or ammo.Not

in the 7.62 or 223 variety though.Plenty of 308 rifles and ammo.

Better than scissors.

dwdollar's picture

Every new law of the empire forces more people into the ranks of the rebellion. Every empire signs its own death warrant.

Let me give you pathetic paper stawk jugglers a free tip. People aren't buying guns by the crate so they can sell them back in 3 months for hookers and blow.

Troy Ounce's picture



You will get what you sow.

Falconsixone's picture

Not if the government/aliens sprays it all summer.

The Joker's picture

I was watching CNN headline news this morning...cause robin is hot.  They were showing several different pictures of this guy.  The photos were obviously photo shopped.  Same smile, same eyes, same wrinkles, just some different background and highllights added.  Very suspicious.  I'm not sure I buy it. 

tony bonn's picture

the united states is ruled by a nazi junta - heirs of the very same people who brought us world war 2, jfk assassination, vietnam, 9/11, and a vast array of crimes against humanity... obama will prevail - he is the indonesian puppet of the bush crime syndicate and rockefeller axis of evil....america is a nazi military dictatorship today and most people are too fucking stupid to know it.

Falconsixone's picture

NDAA is a distruction prod.

ebworthen's picture

It is the duty, professional and patriotic, of the MSM to cover this story.

If the N.D.A.A. is not overturned completely it is lights out for the U.S.A. 

Very late even to hope for restoration of liberty but it is all we have left besieds REVOLUTION!

Beware Supreme Court, and the rest of the Judiciary, and the Police and Armed Forces of the U.S. . .  .


Protect our rights and the Constitution or SUFFER THE CONSEQUENCES!!!

dark pools of soros's picture

many sheep ...  few wolves...