US Totalitarian State Wins After All: Obama Reinstates NDAA Military Detention Provision

Tyler Durden's picture

Just over a week ago, we wrote of the challenge to Obama's NDAA totalitarian bill. Hope remained that Chris Hedges' view of the indefinite detention as "unforgivable, unconstitutional, and exceedingly dangerous" would bolster judgment. However, as Russia Today reports, a lone appeals judge bowed down to the Obama administration late Monday and reauthorized the White House's ability to indefinitely detain American citizens without charge or due process. On Monday, the US Justice Department asked for an emergency stay on the previous Chris Hedges'-driven order, and hours later US Court of Appeals for the Second Circuit Judge Raymond Lohier agreed to intervene and place a hold on the injunction. The stay will remain in effect until at least September 28, when a three-judge appeals court panel is expected to begin addressing the issue. It would appear the total fascist takeover of Amerika is drawing nearer by the day.

Some background:

What is ironic, is that in the ongoing absolute farce that is the theatrical presidential debate, there hasn't been one word uttered discussing precisely the kind of creeping totalitarian control, and Orwellian loss of constitutional rights, that the biparty-supported NDAA would have demanded out of the US republic. Why? Chris Hedges said it best:

The oddest part of this legislation is that the FBI, the CIA, the director of national intelligence, the Pentagon and the attorney general didn’t support it. FBI Director Robert Mueller said he feared the bill would actually impede the bureau’s ability to investigate terrorism because it would be harder to win cooperation from suspects held by the military. “The possibility looms that we will lose opportunities to obtain cooperation from the persons in the past that we’ve been fairly successful in gaining,” he told Congress.


But it passed anyway. And I suspect it passed because the corporations, seeing the unrest in the streets, knowing that things are about to get much worse, worrying that the Occupy movement will expand, do not trust the police to protect them. They want to be able to call in the Army. And now they can.

Via RT, Obama wins right to indefinitely detain Americans under NDAA:

A lone appeals judge bowed down to the Obama administration late Monday and reauthorized the White House’s ability to indefinitely detain American citizens without charge or due process.


Last week, a federal judge ruled that an temporary injunction on section 1021 of the National Defense Authorization Act for Fiscal Year 2012 must be made permanent, essentially barring the White House from ever enforcing a clause in the NDAA that can let them put any US citizen behind bars indefinitely over mere allegations of terrorist associations. On Monday, the US Justice Department asked for an emergency stay on that order, and hours later US Court of Appeals for the Second Circuit Judge Raymond Lohier agreed to intervene and place a hold on the injunction.


The stay will remain in effect until at least September 28, when a three-judge appeals court panel is expected to begin addressing the issue


On December 31, 2011, US President Barack Obama signed the NDAA into law, even though he insisted on accompanying that authorization with a statement explaining his hesitance to essentially eliminate habeas corpus for the American people.


“The fact that I support this bill as a whole does not mean I agree with everything in it,” President Obama wrote. “In particular, I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.”


A lawsuit against the administration was filed shortly thereafter on behalf of Pulitzer Prize-winning journalist Chris Hedges and others, and Judge Forrest agreed with them in district court last week after months of debate. With the stay issued on Monday night, however, that justice’s decision has been destroyed.


With only Judge Lohier’s single ruling on Monday, the federal government has been once again granted the go ahead to imprison any person "who was part of or substantially supported al-Qaeda, the Taliban or associated forces that are engaged in hostilities against the United States or its coalition partners" until a poorly defined deadline described as merely “the end of the hostilities.” The ruling comes despite Judge Forrest's earlier decision that the NDAA fails to “pass constitutional muster” and that the legislation contained elements that had a "chilling impact on First Amendment rights”


Because alleged terrorists are so broadly defined as to include anyone with simple associations with enemy forces, some members of the press have feared that simply speaking with adversaries of the state can land them behind bars.


"First Amendment rights are guaranteed by the Constitution and cannot be legislated away," Judge Forrest wrote last week. "This Court rejects the Government's suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention."


Bruce Afran, a co-counsel representing the plaintiffs in the case Hedges v Obama, said Monday that he suspects the White House has been relentless in this case because they are already employing the NDAA to imprison Americans, or plan to shortly.


“A Department of Homeland Security bulletin was issued Friday claiming that the riots [in the Middle East] are likely to come to the US and saying that DHS is looking for the Islamic leaders of these likely riots,” Afran told Hedges for a blogpost published this week. “It is my view that this is why the government wants to reopen the NDAA — so it has a tool to round up would-be Islamic protesters before they can launch any protest, violent or otherwise. Right now there are no legal tools to arrest would-be protesters. The NDAA would give the government such power. Since the request to vacate the injunction only comes about on the day of the riots, and following the DHS bulletin, it seems to me that the two are connected. The government wants to reopen the NDAA injunction so that they can use it to block protests.”


Within only hours of Afran’s statement being made public, demonstrators in New York City waged a day of protests in order to commemorate the one-year anniversary of the Occupy Wall Street movement. Although it is not believed that the NDAA was used to justify any arrests, more than 180 political protesters were detained by the NYPD over the course of the day’s actions. One week earlier, the results of a Freedom of Information Act request filed by the American Civil Liberties Union confirmed that the FBI has been monitoring Occupy protests in at least one instance, but the bureau would not give further details, citing that decision is "in the interest of national defense or foreign policy."


Josh Gerstein, a reporter with Politico, reported on the stay late Monday and acknowledged that both Forrest and Lohier were appointed to the court by President Obama.

As Chris Hedges said so well last week as he sued Barack Obama:

This demented “war on terror” is as undefined and vague as such a conflict is in any totalitarian state. Dissent is increasingly equated in this country with treason. Enemies supposedly lurk in every organization that does not chant the patriotic mantras provided to it by the state. And this bill feeds a mounting state paranoia. It expands our permanent war to every spot on the globe. It erases fundamental constitutional liberties. It means we can no longer use the word “democracy” to describe our political system.

The supine and gutless Democratic Party, which would have feigned outrage if George W. Bush had put this into law, appears willing, once again, to grant Obama a pass. But I won’t. What he has done is unforgivable, unconstitutional and exceedingly dangerous. The threat and reach of al-Qaida—which I spent a year covering for The New York Times in Europe and the Middle East—are marginal, despite the attacks of 9/11. The terrorist group poses no existential threat to the nation. It has been so disrupted and broken that it can barely function. Osama bin Laden was gunned down by commandos and his body dumped into the sea. Even the Pentagon says the organization is crippled. So why, a decade after the start of the so-called war on terror, do these draconian measures need to be implemented? Why do U.S. citizens now need to be specifically singled out for military detention and denial of due process when under the 2001 Authorization for Use of Military Force the president can apparently find the legal cover to serve as judge, jury and executioner to assassinate U.S. citizens, as he did in the killing of the cleric Anwar al-Awlaki in Yemen? Why is this bill necessary when the government routinely ignores our Fifth Amendment rights—“No person shall be deprived of life without due process of law”—as well as our First Amendment right of free speech? How much more power do they need to fight “terrorism”?

Fear is the psychological weapon of choice for totalitarian systems of power. Make the people afraid. Get them to surrender their rights in the name of national security. And then finish off the few who aren’t afraid enough. If this law is not revoked we will be no different from any sordid military dictatorship. Its implementation will be a huge leap forward for the corporate oligarchs who plan to continue to plunder the nation and use state and military security to cow the population into submission.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
Induced Coma's picture

Does anyone believe that the Gov or any of its military/security divisions would abide by the law anyways? if they want to indefinitely detain someone, they'll find a way to do it, whether the law allows for it or not.  It's not like the population is holding the government accountable for any of the other laws they are breaking.


fxrxexexdxoxmx's picture

the president is trying to protect us from forces we do not understand. his vision and respect for the rights of those who are law abiding and honest is why this is needed. i am sick and tired of these race based attacks towards our president. only idiots clinging to their bibles and guns fear this legislation.

Dixie Rect's picture

I hereby nominate  fxrxexexdxoxmx for douchebag of the month!

chumbawamba's picture

Hey, did you guys know the Federal Reserve has its own police force?,_a_Privately_Owned_Ba...

I am Chumbawamba.

john39's picture

yeah, its called the pentagon...

Michael's picture

I am rolling on the floor laughing my ass off at all the Blue on Green killing going on in Afghanistan these days.

The Afghanis let their stupid would be conquerers arm them to the teeth and are now turning their weapons on the ones who gave them all those shinny new weapons.

The Afghans perfected the art of war. It's a completely decentralized form of national defense. A strategy like the Ron Paul Crew uses.

No one has ever conquered Afghanistan for a considerable period of time throughout their entire history. That's why they say Afghanistan is the country other countries go to die.

In the USA, their training sub 100IQ DHS snipers to kill Americans in our own country and have bought so far 1.6 billion hollow point bullets to do it with.

Again I'm rolling on the floor laughing my ass off hoping they continue doing so.

Their just arming the American people with all that Guns and ammo to be turned on and used against TPTB when the time comes.

You can take the boy out of the jungle, but you can never take the jungle out of the boy.



JPM Hater001's picture

They are holding someone and the last thing they want is that person in front of a judge.

I'm sure of it now.


Michael's picture

I am voting for President Barack H Obama and voting against every currently sitting congress critter incumbent up for reelection on the ballot in November.


Correction: Green on UN Blue.

Anusocracy's picture

"Now who looks stupid?"

The losers that support government. They voluntarily enslave themselves and sacrifice their lives for their worthless puppetmasters.

Four hundred million killed in the 20th century.

How many in the 21st?

dadichris's picture

If that country didn't produce 99% of the worlds heroin the US wouldn't even be there.  Narcotics are the official currency of the CIA.  No drugs = no covert anything.  But I totally agree with you. Anyone who thinks they can "win" in afghanistan belongs on the short bus.

Money Squid's picture

Drug money is the money of the wealthy. From the East India Trading Company to Exxon\Mobile\BP\Shell to GE\JPMorgan\GoldmanSachs\GeneralMotors, drug money is the only thing keeping the western economic system operating. It is far greater than just some black ops funding.

Kobe Beef's picture

I'll take Russell & Co. for 5,000, Alex. What is the Russell Trust? What is Skull and Bones? What is Brown Brothers Harriman? Who are the Delanos? Who are the Bushes? Who are the Coolidges? The Cabots, Forbes and Lows? And finally, what is the Council on Foreign Relations?


Money Squid's picture

"That's why they say Afghanistan is the country other countries go to die."

In the Graveyard of Empires: America's War in Afghanistan
Seth G. Jones

camaro68ss's picture


you win Douche bag of the Month award. Its no small feat,


smlbizman's picture

new fight club voting urself an up arrow....ok fxrxexassholefuckface

Michael's picture

I voted Freedom an up arrow for it's cleverness and wit.

smlbizman's picture

 michael, even jeff ross thought it was to soon...

Ignatius's picture

Zerohedge:  I came for the charts and stayed for the crazy.

This is my kinda crazy.  Important article and subject.

tip e. canoe's picture

looks like the question of whether the cops are public or private is as murky as it is for their bosses.

Urban Redneck's picture

<-- I am utterly opposed to the NDAA, and wouldn't wish that experience on anyone

<-- I hereby nominate fxrxexexdxoxmx for a one way trip to Guantanomo Bay


Hippocratic Oaf's picture

It's not MDB. It's some fuktard that hasn't stepped out of mommies basement since 2008. I can't down arrow this motherfucker fast enough!


Clashfan's picture

"Maybe he's just acting stupid to infiltrate an international gang of idiots."

--H. Simpson

Ar-Pharazôn's picture

he looks like MDB from the troll style

Pladizow's picture

You guys remember that country called America?

CPL's picture

It's by the unicorn ranch and skittles harvesting center.

sickofthepunx's picture

lol at the indoctrinated fools who actually believed we lived in a free country in the 1st place.

this government has always been by, for and of the rich.

anyone who ever fought to make this country live up to it's ideals is takin a dirt nap.

me thinks you morons believed your 9th grade civics teacher


Think for yourself's picture

True, there was no real Golden Age, but they're definitely doing the best to return us to the Dark Ages, though

HoofHearted's picture

<---- fredxrightsaidfredainttoosexyxxx is Al Sharpton

<---- fredxwhateverthehellxxx is a government informant looking to ferret out us Muslim-loving assholes on ZeroHedge

howenlink's picture

I'm beginning to think the Dark Ages may have actually been a period of personal freedom that modern texts don't want you to know about.

Think for yourself's picture

just like the Paris collective and the Spanish "Utopia" during the civil war. You should watch "Vivir la utopia", that's a great documentary about a-statism!

Anusocracy's picture

It died, but the Soviet Union took its place.

krispkritter's picture

Nigga Done Assaulted America...

NewWorldOrange's picture

I can think of no greater example of a TRAITOR in all of human history than Barack POS Obama.

NewWorldOrange's picture

No doubt. The next's hard to imagine this site even being up in 4 more years.

BlueCollaredOne's picture

I believe ZH's servers are in Sweden, can't remember where I saw that info.  That being said until America gets some sort of firewall where we can only access domestic servers, I dont see that being an issue.

That being said, Im sure one day soon our internet will be like China, where we can only see what we are meant to see.  It will be for our own safety of course.


Edit:  Nevermind, its bulgaria/switzerland

NewWorldOrange's picture

BCO, I think it's pretty unlikely that in terms of "cybersecurity", freedom of expression, whether in American or on a global scale, that the world four years from now will even remotely resemble what exists today. It's probably changed more in the last 10 than in the last 100 and it's only going more parabolic.

Weren't piratebay's servers in Sweden too? (yeah, "their" site is still up, but look at the link code for almost anything posted there -- RIAA et al tracker code clearly embedded.)

Left Right Wrong's picture

Can you elaborate on the RIAA tracker code please? I don't know what that means nor see it on the site.

NewWorldOrange's picture

Do a search on almost any popular (or not) TV episode or movie. Inspect the element behing the "Get This Torrent" link. Most look like this now:

That one is from the most seeded torrent for the latest episode of Breaking Bad. It is not the exceptiion, it is the norm.

LMAOLORI's picture



Bypassing Congress again


President Barack Obama seems determined to reign over one of the most imperial White Houses in history.

The president is poised to demonstrate that once again, to judge by reports he plans to issue an executive order to protect critical U.S. computer systems such as those regulating financial systems and power grids.

I only kill chickens and wheat's picture

Try servers in Switzerland, not that it makes a difference, did you actually read from your link that states the servers are provided by Nine Internet Solutions AG, SWITZERLAND.

edit my ass, read it before you post a link

PontifexMaximus's picture

He is with one of the best servers in Switzerland....

Ratscam's picture

Switzerland has no freedom of speech when it comes to calling foreigners or religious believers certain names or negating history written by the winners.
Then again i highly doubt that even with the somewhat blunt comments, zh could be accused according to the Anti-Rassismus law.

Ar-Pharazôn's picture

LOL you really dont know ANYTHING.


speaking of history written by winners, do you know how much Switzerland payed back on jews associations for the gold stored here?