Tip:
Highlight text to annotate it
X
on the majority uh...
report podcast you can hear our interview
which i think we also have a new too
uh... with bruce afrin he was early is an attorney representing
seven up late it's including chris hedges dan ellsberg
noam chomsky mbr jitu john's daughter
also um...
couple others i should mention
chi will gong
jennifer bolen electoral brian
and
they had had into where federal district court in new york
southern district of new york
the judge withdrew his cat catherine forest bruce akron at the time told us
that they were attempting to enjoying the government
from
from implementing
parts of the national defense authorize asian explicitly the homeland
battlefield
act
because it would have a chilling affect the pond journalists
and writers
because it could prove it could mean did day could be guilty all of the india of
anything in a bad in
people who were
associated
with terrorists
and other words
they could uh... call organizations on knowingly or knowingly who were involved
with terrorist
to do their journalism
and it would create a chilling effect upon them
the first issue that these point is we're gonna have to deal with as bruce
afrin in that interview with us uh... back in april
people for us
uh... spoke about was
whether or not the
plaintiffs had standing
because they had not yet been detained
the second issue was even if they had standing
the lack of the imminent forstmann against them
renders injunctive relief unnecessary in other words they're not about to be
uh...
indefinitely detained
so there's no reason for enjoyment
and three that the n_b_a_ creates no new detention powers beyond those that are
digs ist because of the authorization uh...
for military force
was passed after
nine eleven
well
the court sounds
that a they did outstanding because they already are suffering substantial injury
from a
what the court found was a reasonable fear that they could be subject to this
provisions
section specifically one oh two one
the court
rights plaintiffs assert that one oh two one already is impacted their
association or an expressive activities and will continue to impact them
and at one oh two one is vague to such an extent that a provokes fear that
certain
of their association a land expressive activist kab subject them
to indefinite or prolonged military
detention
and
the courts found it yeah
they actually
we do have a justifiable fear of this
and at one point during the hearing
the court hilarious
if the d_l_j_ department justice could state clearly that these people would
not be subjected
to the to this section one oh two one
based upon the actions that they normally involve themselves with and the
department jess's to advocate we can't answer that question
uh... so the court found that the plan is a state of more than a plausible
climb uh... claim that the statute improperly encourages eighty crutches
upon their right into the first amendment
the court also found that the players are
likely to succeed
on their claim that the n_b_a_ violates their fifth amendment of due process
right
there's really no way to know based upon the way the statute is written
wearable art where the line is that they will cross that could actually cause
them to run afoul of the law
nobody knows quite frankly what director or substantial or the word support means
not to follow it
so you could actually be guilty of doing this without even being aware that's
what you're doing
the court also cited three reasons why the n_b_a_ expands the government's
attention power
over the two thousand one authorization for military force so this is a huge
that i think a few people actually thought would happen
so go back listen to that uh... april fourth interview we have it on youtube
if you want
will put a link to it on majority dot f_m_
but uh... this is a big win
undoubtedly there'll be a uh... an appeal to this
but this is a rare case
where a judge was brave enough to stand up to department of justice
uh... in this in your own recall
archetypal all straight people were
arrested
in grand central station
protesting this
there's a banquet