Americans can once again “legally” be snatched off the street and detained without trial based on the mere claim that they provided aid or support to terrorists, despite this act being a total violation of habeas corpus.
The Tenth Amendment Center has a detailed breakdown of the ruling:
“In layman’s terms, U.S. District Court judge Katherine Forrest put a stop to indefinite detention, and the Second Circuit overturned that. It also permanently prohibited Forrest from attempting to do so again, ordering her to proceed with the case consistent with their opinion. NDAA “indefinite detention” powers are alive and well.”
The group points out that the new Second Circuit ruling is completely incorrect because it claims that Section 1021 of the 2012 NDAA says nothing about the government’s ability to detain citizens.
In reality, section 1021 states, “Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force . . . includes the authority for the Armed Forces of the United States to detain covered persons . . . pending disposition under the law of war.”