Rutherford Institute Challenges NDAA’s Indefinite Detention Provision


Rutherford Institute Challenges NDAA’s Indefinite Detention Provision, Calls on Second Circuit to Protect Americans from Habeas Corpus Violations

NEW YORK, N.Y. — Attorneys for The Rutherford Institute have filed an amicus curiaebrief with the United States Court of Appeals for the Second Circuit in Hedges v. Obama, a case which challenges the indefinite detention of Americans by the armed forces under a provision of the National Defense Authorization Act for Fiscal Year 2012 (NDAA).

In challenging the NDAA’s indefinite detention provision as a violation of Americans’ habeas corpus rights, Rutherford Institute attorneys are asking the Second Circuit Court of Appeals to affirm a lower court decision which found the NDAA’s indefinite detention provisions to be unconstitutionally vague. The lawsuit was filed in January 2012 in the U.S. District Court for the Southern District Court of New York by journalists and activists who are concerned that, under the NDAA’s provisions, they may be subject to indefinite detention for various constitutionally protected activities such as interviewing alleged terrorists or working to put an end to wars in countries viewed by the U.S. as harboring terrorists. The plaintiffs represented in the lawsuit include former New York Times war correspondent Christopher Hedges, Pentagon Papers whistleblower Daniel Ellsberg, and writer Noam Chomsky, among others.


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