NY judge allows anti-terror law enforcement
Wednesday, September 19, 2012
NEW YORK (AP) — An appeals judge has temporarily allowed enforcement of a law that permits the indefinite detention of people believed to have supported terrorists, despite a judge’s claim it could infringe on First Amendment rights.
The 2nd U.S. Circuit Court of Appeals in Manhattan order was issued late Monday by Circuit Judge Raymond J. Lohier after the government warned in court papers that the law was necessary in the nation’s battle against terrorism.
Lohier said the order would remain in effect until Sept. 28, when a three-judge panel was scheduled to hear arguments on the government’s effort to block a ruling that struck down the law.
The law says the U.S. government can indefinitely detain anyone who “substantially” or “directly” provides “support” to forces such as al-Qaida or the Taliban.
Last week, U.S. District Judge Katherine Forrest ruled the government already has plenty of authority to detain terrorists and anyone suspected of aiding them without help from the vaguely written law. She urged Congress to make the law more specific so journalists, scholars, political activists and others would not worry that contacting enemies of the United States would put them in jeopardy of indefinite incarceration.
Lawyers for the government wrote that the judge’s actions were unprecedented and exceeded her authority. They also complained it seemed to be worldwide in effect, “intruding upon military operations in the ongoing armed conflict against al-Qaida, the Taliban and associated forces.”
Plaintiffs’ attorney Carl Mayer said it was “astounding” that Lohier’s order was issued before evidence was presented.
“The government hasn’t put in any evidence. They just keep making these broad assertions,” Mayer said. “It’s all a ‘trust us’ proceeding.”
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