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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsChris Hedges: Why I知 Suing Barack Obama
http://www.commondreams.org/view/2012/01/16Published on Monday, January 16, 2012 by Truthdig.com
Why Im Suing Barack Obama
by Chris Hedges
Attorneys Carl J. Mayer and Bruce I. Afran filed a complaint Friday in the Southern U.S. District Court in New York City on my behalf as a plaintiff against Barack Obama and Secretary of Defense Leon Panetta to challenge the legality of the Authorization for Use of Military Force as embedded in the latest version of the National Defense Authorization Act, signed by the president Dec. 31.
The act authorizes the military in Title X, Subtitle D, entitled Counter-Terrorism, for the first time in more than 200 years, to carry out domestic policing. With this bill, which will take effect March 3, the military can indefinitely detain without trial any U.S. citizen deemed to be a terrorist or an accessory to terrorism. And suspects can be shipped by the military to our offshore penal colony in Guantanamo Bay and kept there until the end of hostilities. It is a catastrophic blow to civil liberties.(Photo: AP / Dusan Vranic)
<edit>
But I suspect the real purpose of this bill is to thwart internal, domestic movements that threaten the corporate state. The definition of a terrorist is already so amorphous under the Patriot Act that there are probably a few million Americans who qualify to be investigated if not locked up. Consider the arcane criteria that can make you a suspect in our new military-corporate state. The Department of Justice considers you worth investigating if you are missing a few fingers, if you have weatherproof ammunition, if you own guns or if you have hoarded more than seven days of food in your house. Adding a few of the obstructionist tactics of the Occupy movement to this list would be a seamless process. On the whim of the military, a suspected terrorist who also happens to be a U.S. citizen can suffer extraordinary renditionbeing kidnapped and then left to rot in one of our black sites until the end of hostilities. Since this is an endless war that will be a very long stay.
<edit>
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 arent 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.
more...
truth2power
(8,219 posts)the predations of American Empire these days. We would do well to listen to him.
proud2BlibKansan
(96,793 posts)FarLeftFist
(6,161 posts)Hedges should use Obama as his lawyer.
Jim Lane
(11,175 posts)I'm not familiar with the details of this particular lawsuit, but it often happens that a challenge to a governmental action must name an incumbent officeholder. That could be the correct course even if the bill had been passed over Obama's veto -- which, alas, it wasn't.
Obama's announced stance isn't necessarily irrelevant, though. It's sometimes necessary for a plaintiff in a case like this to establish that there's a threat of illegal action against him. There's a possibility that the DoJ could defend the suit by saying that it's not ripe for judicial resolution because the Obama administration isn't planning to do and will not do any of the things that are alleged to be illegal.
Even if that happens, though, the suit could serve a good purpose. It might lay the groundwork for a suit in 2017 challenging the detention practices implemented by President DeMint. Without this suit now, the argument might be made that the 2017 suit is untimely because the Act should have been challenged when enacted. If Hedges's suit is thrown out on ripeness grounds, however, then it sets a precedent that counters that argument.
Enrique
(27,461 posts)on New Years Eve.
FarLeftFist
(6,161 posts)AtheistCrusader
(33,982 posts)Oh, you ate my shit sandwich? Here, have some toothpaste.
FarLeftFist
(6,161 posts)UnrepentantLiberal
(11,700 posts)That will happen right after he closes Guantanamo.
FarLeftFist
(6,161 posts)Welcome back to reality.
UnrepentantLiberal
(11,700 posts)to shame Democrats into voting for closing it. I just see Democrats acting like Republicans.
AtheistCrusader
(33,982 posts)We've been ripping off the cubans so long, might as well give them an intact site. A parting present for our bad behavior.
niyad
(113,284 posts)citizens was removed. according to him, it is only everyone else who can be detained forever, as though that makes it right.
rbnyc
(17,045 posts)...is a hero.
ProSense
(116,464 posts)...absurd!
This is simply more folly: http://www.democraticunderground.com/?com=view_post&forum=1002&pid=107135
Does Hedges really believe that this suit will fly given the existing law and SCOTUS opinion? Did he miss the President's signing statement, which clearly states the administration's position? Not only that, the bill signed by Obama doesn't do what Hedges claims: "Why do U.S. citizens now need to be specifically singled out for military detention and denial of due process"
NDAA FAQ: A Guide for the Perplexed
http://www.democraticunderground.com/100248562
Three reasons to vote for Obama even though he signed NDAA
http://www.democraticunderground.com/1002122711
Since Chris Hedges didn't vote for Obama in 2008, that doesn't apply to him.
MinervaX
(169 posts)"Party above all else, huh?"
...commonfuckingsense and facts "above all else."
"...commonfuckingsense and facts "above all else." "
As along as a Democrat is doing it, it's alright, above all else.
Fire Walk With Me
(38,893 posts)so her four+ near-lethal police riots against peaceful protesters (and subsequent lies about use of weapons and about the protesters throwing M-80s) are all right! Especially after she was hounded to get rid of them by the local 1%ers.
"As along as a Democrat is doing it, it's alright, above all else."
...I mean, don't accuse people of selective outrage. Did Hedges ever sue Bush?
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=175047
MinervaX
(169 posts)You've already lost the argument.
ProSense
(116,464 posts)"Again, when using Bush as a measuring stick for Obama
You've already lost the argument. "
Hedges never sued Bush and in fact hyped the War on Terror with NYT colleague Judith Miller. A lot of people were anti-war after the illegal invasion of Iraq.
Puregonzo1188
(1,948 posts)vocal critics of the Bush Administration. Stop with the revisionist history and outright making stuff up.
I've been on this board for a longtime and you are by far the most dishonest person I've ever encountered on it.
Agony
(2,605 posts)UnrepentantLiberal
(11,700 posts)Right wing president, right wing smear tactics.
bvar22
(39,909 posts)Good Luck with THAT.
Might as well ask a kangaroo to stop hopping.
You will know them by their WORKS.
[font size=5 color=green][center]Solidarity99![/font][font size=2 color=green]
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donheld
(21,311 posts)Just one.
snot
(10,524 posts)FarLeftFist
(6,161 posts)Matariki
(18,775 posts)who would overturn Bush's egregious affronts to civil liberties. As opposed to adding to them.
sabrina 1
(62,325 posts)Democrats we could start restoring the rule of law. Three years after one of the biggest mandates in living memory, thanks to people like Hedges and so many others, things have only gotten worse. I guess Hedges among others have decided that the people have to take matters into their own hands now.
Fire Walk With Me
(38,893 posts)as well as Obama not doing SHIT to protect us from their repeated attacks across the nation and utterly unfair arrests on top of the near-lethal brutality, and protesting looking more and more to them to be low-level terrorism (as already defined in Britain), I say fuck Obama.
MinervaX
(169 posts)Fire Walk With Me
(38,893 posts)FarLeftFist
(6,161 posts)Number23
(24,544 posts)See? I can make idiotic proclamations with no basis is reality just like you can.
MinervaX
(169 posts)that your POV is idiotic.
Number23
(24,544 posts)Anyone that would claim that "MLK would not be proud of Obama" is about as clueless as they come in my book. An absolutely impenetrable statement of stupidity, that is.
Puregonzo1188
(1,948 posts)Have you considered a career as a comedian?
SomethingFishy
(4,876 posts)Coming from you that was really, really funny.
Enrique
(27,461 posts)is that an objective assessment, or do you have any biases regarding Obama that might have influenced that opinion?
Aerows
(39,961 posts)I've seen it asked by more than a few people, too.
Hawkowl
(5,213 posts)And I mean that in the worst sense of the word.
"Propaganda
And I mean that in the worst sense of the word."
...that's nonsense of the highest order.
Hawkowl
(5,213 posts)Your posts NEVER have any critical thinking involved. It is just always 100% justification. No suggestions for improvement on policy or politics. Everything is ALWAYS 100% perfectly infallible. That, is the definition of propaganda. It doesn't matter if the position changes every month, or even every hour, you are there justifying whatever the word of the day is.
annabanana
(52,791 posts)if at all
Tierra_y_Libertad
(50,414 posts)Oh, wait. Fighting draconian laws is only a good thing when Republicans install them.
ProSense
(116,464 posts)Hedges ever sue Bush?
He won a Pulitzer for the NYT coverage on the War on Terror.
http://en.wikipedia.org/wiki/Chris_Hedges
The 2002 Pulitzer Prize Winners: Explanatory Reporting
http://www.pulitzer.org/works/2002-Explanatory-Reporting
"MISSED SIGNALS: Terror Cells Slip Through Europe's Grasp"
Tierra_y_Libertad
(50,414 posts)What's that got to do with it? He's working within the system to stop a horrendous law that gives our government the right to intern people indefinitely without trial.
sabrina 1
(62,325 posts)As we all did. Clearly it was not, so now he's choosing his next option because for some of us, the freedoms many Americans fought and died for are way, way more important than any political party or politician. For MOST Americans as a matter of fact.
Fire Walk With Me
(38,893 posts)Honeycombe8
(37,648 posts)for actions done in performance of their duties, I do believe. Otherwise, govt officials wouldn't be able to do anything. They'd be in court all the time, defending what they did or did not do.
I guess you can sue the U.S. government for "cease and desist" or something like that.
You can file a lawsuit for anything. Then the court throws it out, if it's not allowed.
Enrique
(27,461 posts)msanthrope
(37,549 posts)gratuitous
(82,849 posts)Because he has to have standing to sue, and while practically anyone above the mental capacity of ninnyhammer can see the mischief inherent in this law, a court will simply duck the issue and say that because Hedges hasn't been personally affected by Title X, Subtitle D (yet), he doesn't have standing to bring a suit.
Of course, anyone who does have Title X, Subtitle D applied to him or her will be a terrorist, and the court won't hear their petition either. It's a tidy little Catch-22, designed to put our own government above its law. "Preserve, protect and defend the Constitution" are just pretty words, a quaint formulation to soothe the masses, but with not meaning in the real world sense.
Fire Walk With Me
(38,893 posts)to stop this monstrosity. I love him for so doing, regardless of any outcome. That's what's important, because you never know how far you can take something until you get it going.
#Occupy NDAA
gratuitous
(82,849 posts)If we only took actions that were guaranteed to succeed, we'd never do anything. And perhaps we'll all be shocked, and the court will adjudicate the case on its merits and not duck it.
hootinholler
(26,449 posts)Make7
(8,543 posts)The [center] tag seems to break the style properties for signatures so I added a special signature centering inline style code to my DU3 HTML Table:
[div class="excerpt" style="border: 1px solid #cccccc; border-radius:0.3846em;"][p class=post-sig style=margin-top:0px;text-align:center;]Text[/p]
Just to make it easy for you, here is the whole code for your sig:
[div class="excerpt" style="border: 1px solid #cccccc; border-radius:0.3846em;"][p class=post-sig style=margin-top:0px;text-align:center;][b]Avatar in SOLIDARITY with H2OMan[/b] http://hootinholler.com/images/hoothead.png [br /]To argue with a man who has renounced his reason is like giving medicine to the dead. - Thomas Paine [/p]
Unless of course your intention was to disable the default style properties in your signature. If that is the case, ignore everything I just posted.
hootinholler
(26,449 posts)I will improve it later tonight I have to be somewhere for a little while.
UnrepentantLiberal
(11,700 posts)BrendaBrick
(1,296 posts)are either vague and/or non-existent?
The article (in part) states:
<snip>
Section 1031 of the bill defines a covered personone subject to detentionas a person who was a 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, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
The bill, however, does not define the terms substantially supported, directly supported or associated forces.
<snip>
The definition of a terrorist is already so amorphous under the Patriot Act that there are probably a few million Americans who qualify to be investigated if not locked up.
<snip>
This demented war on terror is as undefined and vague as such a conflict is in any totalitarian state.
It is very interesting (and timely) to couple Hedges comments on this vague/non existent language of definitions with that of Gene Sharp during an interview in November of last year on a YouTube video entitled: "We The People - Dr. Gene Sharp at Zeitgeist Americas 2011" (little over 30 minutes):
You'll note that around 13:00 or so Sharp mentions that in the US Dept of Defense dictionary, "it does not contain a definition of either "Defense" or of "National Defense", its whatever people want to call defense, even though its aggression."
In fact, Dr. Sharp has recently released a new book: "Sharp's Dictionary of Power & Struggle -Language of Civil Resistance & Conflict" published 11-1-11.
The amazon.com link here: http://www.amazon.com/Sharps-Dictionary-Power-Struggle-...
Would seem to me that some real clarification is definitely in order here!!! I don't know if a lawsuit is necessarily the way to go on this? Maybe so, but in any event...surely there must be something that can be done to flesh out this *language*!!!!!
Lastly, for anyone who is interested in Chris Hedges, you may want to watch this recent C-SPAN "In-Depth with Chris Hedges" interview which aired 1-1-12. (Note, it's about 3 hours long...hence, the 'In-Depth' part...)
http://www.c-spanvideo.org/program/ChrisHed
gratuitous
(82,849 posts)I haven't read it, and I'm not sure if Hedges has brought a complaint for damages or (more likely) one for a declaratory judgment (that is, a ruling by the court to explain what the language of the law is supposed to mean). Certainly, if the complaint is one for declaratory judgment, asking for a definition of undefined terms would be a good specification to bring.
As I said, there's a chance the suit might survive the government's motion for dismissal/summary judgment (though not a very good one, in my experience). But even if the suit doesn't survive, perhaps (maybe, maybe, maybe, cross your fingers) it will lead to a public discussion of just what the hell we think we're doing, letting Congress write laws that presume our own citizens are enemies of the state, to name just one problem with all this "security" legislation.
BrendaBrick
(1,296 posts)Thank you gratuitous for your response and in explaining this term. I'm with you in that even if the suit doesn't survive, Plan B would be that it would at least lead to public discussion (and scrutiny) about this legislation.
I sure would like to think so! And who knows? Maybe the lawyer's guild behind the Occupy Movement (I can't recall their exact name, though Olbermann has a representative on from time to time) might already be on top of this as well, since it seems as Hedges has pointed out in the last paragraph:
"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."
I sure as heck do not want to get unduly alarmed here...but it just seems to me that somethin' somethin' just ain't on the square here...
I hope I'm wrong.
sabrina 1
(62,325 posts)regarding this ruling. Hedges is a citizen yes, but if a massive number of citizens sued Congress and the President wouldn't that be more difficult to dismiss?
msanthrope
(37,549 posts)MFrohike
(1,980 posts)It's so nice to see someone who actually understands the situation. Again, thank you.
treestar
(82,383 posts)But if the law is applied to someone they would have standing. The Court would then hear the lawsuit.
sabrina 1
(62,325 posts)Otoh, if it is dismissed, then maybe a million citizens or more can file a class action against Congress and the President. I would think citizens of this country have some standing when their government declares all of them to be terror suspects and then passes a law that endangers their freedoms.
BrendaBrick
(1,296 posts)"He signed it. Well fight it.
President Obama signed the National Defense Authorization Act (NDAA) into law. It contains a sweeping worldwide indefinite detention provision.
The dangerous new law can be used by this and future presidents to militarily detain people captured far from any battlefield. He signed it. Now, we have to fight it wherever we can and for as long as it takes.
Sign the ACLU's pledge to fight worldwide indefinite detention for as long as it takes.
Im outraged that the statute President Obama signed into law authorizes worldwide military detention without charge or trial. I pledge to stand with the ACLU in seeking the reversal of indefinite military detention authority for as long as it takes.
And I will support the ACLU as it actively opposes this new law in court, in Congress, and internationally.
Signed,"
[your name]
https://secure.aclu.org/site/SPageServer?s_subsrc=120103_NDAA_mar&pagename=120103_NDAAGOLAsk&JServSessionIdr004=or43twxel2.app220a
treestar
(82,383 posts)And be decided on the case law - the court's do not give advisory opinions. There has to be a specific case in controversy. Someone suffering the application of the law.
http://en.wikipedia.org/wiki/Standing_(law)
Response to gratuitous (Reply #22)
KoKo This message was self-deleted by its author.
gratuitous
(82,849 posts)You know how some folks are; showing off by getting arrested and embarrassing people who wish they had the courage of the convictions they claim to have. Or so we'll soon be told.
One of the worst on-line fights I ever got in was when I quoted a passage from Hedges' book "War is a Force that Gives Us Meaning." Hoo boy!
Scurrilous
(38,687 posts)Number23
(24,544 posts)msanthrope
(37,549 posts)When the court tosses it for lack of standing, and it will, I hope the government asks for costs.
AtomicKitten
(46,585 posts)Lack of standing is the least of his problems. LOL. Orly Taitz has pioneered the way to paying off the national debt with sanctions levied against frivolous lawsuits.
Better Believe It
(18,630 posts)mojowork_n
(2,354 posts)bertman
(11,287 posts)the suit is giving it.
REC.
markhalfmoon
(3 posts)This lawsuit by Chris Hedges is doing exactly what I believe Obama wanted it to do. Challenge the law's legality in the courts. I believe he set it up to lose in court.
People who are just determined to dislike, mistrust and criticize every single thing President Obama does, of course will assume the worse. That he has some nefarious plot to sell them out to the evil forces of the world, etc.
I believe his back was up against the wall with this. Congress was going to pass it, with or without him. He agreed to sign it in return for planting legal bombs in it that I feel certain will cause it to be struck down in court.
The House of Representatives voted to pass the NDAA 2012 with 283 (65%) voting yes and 136 (31%) voting no. 14 (3%) didn't vote.
The Senate voted to pass it with 86 (86%) voting yes and 13 (13%) voting no. 1 (1%) Senator did not vote.
I am just guessing that the 8 Republicans - including Michele Bachmann - that didn't vote the last time would have joined their colleagues in the House to make up the two thirds majority needed to hand President Obama an embarrassing defeat with an override of his veto in this election year. There's no question that there was more than the required number to override a veto in the Senate. It would have been a futile act of symbolism to veto it.
The veto of this bill, which primarily funds the entire Armed Forces, would cause a delay, during which troops in Afghanistan would not be paid, jets would be grounded for lack of fuel, the Pentagon couldn't pay its heating bill and thousands of shipbuilders and other workers employed by contractors with the military would be laid off. He doesn't have line item veto power so he couldn't just veto the part he didn't like.
President Obama would have begun his reelection year with Republicans blaming him for "not paying our brave combat soldiers," killing jobs, and being weak on defense. He knew he was going to catch hell for this decision, but he made a difficult choice. That's why he made the signing statement. What other reason would he do that? The wording of it was part of the legal sabotage he placed in it to help assure that the courts would overturn it.
All the lefties who think he is just weak, immoral or corrupt are blinded by their one dimensional thinking. Why is it so hard to believe that this man is smarter than you?
dougolat
(716 posts)1stlady
(122 posts)the rest of the racist wackjobs, Orly Titz, Jerom Corsi, James Okafee etc! Remember, Obama is a Kenyan, terrorist, socialist with no birth certificate.
Ichingcarpenter
(36,988 posts)It shows more about you than what the discussion in this thread is about.
Where oh where can you find any statement by Chris
that he is a birther?
You really shouldn't post total crap.
sabrina 1
(62,325 posts)actually hilarious and maybe you WERE trying to be funny, I think you better learn something about this man. He is a true American patriot who has earned the widespread respect he has from all over the world.
It is a very sad thing the someone like him has found it necessary to do this. Even sadder that Democrats who swore oaths to defend and protect the Constitution, could have signed such a dangerous piece of legislation and sadder still, that anyone would try to defend it.
You remind me of those paranoid rabid teabaggers, their taking away our rights, and guns, fema camps, the constitution blah blah blah!!! The far left is turning into what they hate, teabaggers and its sad to see these folks fall by the way side. Why didnt he sue the veto-proof majorities in congress that actually passed this bill? It was rumored on another website that I frequent that Chris Hedges is birther, so don't shoot the messenger.
UnrepentantLiberal
(11,700 posts)Let's see a link to that.
Ichingcarpenter
(36,988 posts)as instructed from that web site she frequents.
lunatica
(53,410 posts)It's also rumored that President Obama is a Kenyan Socialist Muslim who's real intent is to destroy this glorious country.
Just saying...
Bingo!
pecwae
(8,021 posts)to me corrected in myriad ways. Basing your beliefs on a website rumors then posting them as some sort of unassailable truth = intentionally uninformed.
sabrina 1
(62,325 posts)Here's some more advice, I would delete that embarrassing rant if I were you.
But then I wouldn't have posted it in the first place
Skidmore
(37,364 posts)Why are people talking about him like this case is still active.
BrendaBrick
(1,296 posts)with the last name of Hedges (can't remember his first name)
Ichingcarpenter
(36,988 posts)go back and get some coffee
totally two different names, people and philosophies.
EFerrari
(163,986 posts)There should be a link on her homepage in about an hour, democracynow.org.
gateley
(62,683 posts)Last edited Tue Jan 17, 2012, 01:46 PM - Edit history (1)
"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 arent 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. "
I'm not sure those in power are consciously trying to implement a totalitarian state. Im not sure THEY haven't bought into this BS, believing -- or convincing themselves -- that it's truly for the good of the people and the safety of our nation.
I'm not absolving them, and I could be way wrong and they could all be behind closed doors rubbing their hands together in glee at how well their dastardly plan is progressing. I don't know which would be worse - not seeing it for what it really is, or intentionally planning to continue to shred us of our rights.
Either way, too much of the populace is accepting these actions too docilely . A few get it, but far too many don't.
EDIT: Corrected "to" to "too".
Ichingcarpenter
(36,988 posts)Look what happened to the Patriot Act
It lead to authorization of indefinite detentions of immigrants; searches through which law enforcement officers search a home or business without the owners or the occupants permission or knowledge; the expanded use of National Security Letters, which allows the Federal Bureau of Investigation (FBI) to search telephone, e-mail, and financial records without a court order, and the expanded access of law enforcement agencies to business records, including library and financial records.
And only one Democratic Senator voted
against it..... Senator Feingold ...
for that matter the only senator who voted against it.
gateley
(62,683 posts)EFerrari
(163,986 posts)all you need to do is to read Cablegate where it is clearly exposed. Noam Chomsky said the cables reveal contempt for the people and for democracy and from what I've read of them, he's exactly right.
And that was the real offense of Cablegate, drawing back that curtain.
You don't really need to wonder what these people think. You can go read it for yourself.
gateley
(62,683 posts)capital punishment and taking away aid from those in need consider themselves true Christians.
EFerrari
(163,986 posts)It shows a bunch of people conniving to get their way, whether it be to stop the Spanish trial for torture for Bush or pushing Monsanto all over or threatening Haitian politicians who want to raise the minimum wage.
Oh, btw, there's a report out of Argentina that says a Monsanto contractor works their fieldhands 14 hours a day, forces them to buy from company stores and illegally holds their visas and passports, aka modern slavery. That's the kind of operation our government is supporting all over the world.
gateley
(62,683 posts)I think it's because I can't see myself having that attitude, so it's difficult for me to fathom others being so utterly devoid of empathy.
I read that about Argentina -- and I agree it's being done all over the world
But again, EFerrari, I find myself default thinking "maybe they don't realize just HOW bad the conditions are". I'm almost 58 years old, and you'd think by now I'd be a little more realistic in my belief in people.
EFerrari
(163,986 posts)Maybe I went that last mile after reading what they said and did. It's not a good thing to realize about so called public servants, that's for sure.
Major Hogwash
(17,656 posts)T S Justly
(884 posts)If all else fails. K&R