Categorized | News, Opinion

WHERE DO I SIGN UP? Lawsuit against NDAA in the BIG APPLE! (Remember, we have had INDEFINITE DETENTION of US CITIZENS BEFORE! The guy on the FIVE DOLLAR BILL DID IT!)

I am pleased when people stand up against the liberty/sovereignty killing acts such as NDAA!

A class action suit was brought in Manhattan Federal Court to strike down the NDAA as unconstitutional.  Of course indefinite detention of US citizens is unconstitutional, Ex parte Milligan says that.  (I know something about Ex parte Milligan – I wrote this scholarly legal article on it!  It’s clear!  US citizens CANNOT be deprived of habeas corpus thus cannot be detained indefinitely as long as the courts are open.)

Here’s a highlight or two:

[Middle East expert Chris] Hedges himself filed the class action lawsuit claiming that the ‘indefinite detention’ provision of the legislation, otherwise known as the ‘Homeland Battlefield Bill’, could see him sent to Guantanamo Bay simply for doing his job, and at the very least would have a “chilling effect” on the work of journalists and activists.


“I could be detained by the US military, held in a military facility – including offshore – denied due process and incarcerated until ‘the end of hostilities’ whenever that is,” Hedges said, adding that his work was already being hindered, because of fears that in speaking to sources that the government could deem hostile, he could be held accountable.

“Any kind of language in my presence that countenances violence against the US … given the passage of the NDAA, really terrifies me,” Hedges said.

I agree!  Bloggers who speak out against continuous wars could be on the list for arrest, too!  (Put me down for the class action; my article ought to help, too!)

Surely, Sanders, you are alarmist, indefinite detention can’t happen here in the USA!  Well, it already has!  (Official Hint:  the President on the Five Dollar Bill did it!)  take the Washington Post’s word for it:

Of course, Lincoln’s presidency had its dark side. Most infamously, the Great Emancipator suspended habeas corpus in 1861-62, allowing the indefinite detention of citizens without trial.

Prof. Thomas DiLorenzo, Ph.D. (He earned his doctorate at Virginia Tech!) has researched President Lincoln in several books and his conclusions are shocking and thorough (I have read The Real Lincoln and it is excellent!) he devotes chapters to how newspaper editors and others were imprisoned or threatened with imprisonment if they opposed the war effort.

So when someone says, in response to your NDAA argument that indefinite detention can’t happen here – tell ’em it already has!  And the guy on the penny did it!

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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