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Feds Seek Emergency Stay of Indefinite Detention Decision

By Jeralyn, Section Terror Detainees
Posted on Mon Sep 17, 2012 at 05:00:12 PM EST
Tags: Indefinite detention, NDAA (all tags)
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Last week I wrote about Manhattan federal court Judge Katherine Forrest's granting of a permanent injunction against the indefinite detention provision of the National Defense Authorization Act. Her 112 page opinion is here.

The feds sought a stay pending appeal from Judge Forrest but she denied it.

Today, the feds appealed to the Second Circuit, seeking an emergency stay of Judge Forrest's ruling. Wired has the details and the 154 page brief is here. [More...]

The Government argues:

  • First, the district court has enjoined wholesale an Act of Congress on the ground that it is facially unconstitutional.
  • Second, the injunction, which was entered against the President as Commander-in-Chief in his conduct of ongoing military operations, is unprecedented and exceeded the court’s authority.
  • Third, a stay will not harm plaintiffs and plaintiffs have no standing. (The plaintiffs are not detainees but a variety of journalists.)
  • Fourth, the district court’s objections to Section 1021(b)(2) are, as stated before, at odds with the interpretation that has been given to the President’s detention authority by two Presidents, the D.C. Circuit, and the Congress itself.

The Government wants the order stayed pending the outcome of its appeal.

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