Federal Judge Reinstates Unconstitutional NDAA

09-19-2012 • http://www.prisonplanet.com, Kurt Nimmo

Late Monday night a federal judge in New York, Raymond Lohier, granted the Obama administration an “emergency” stay that temporarily blocks a ruling by U.S. District Judge Katherine Forrest last week blocking the NDAA.

“Lohier offered no explanation or rationale for the temporary stay. However, the Justice Department has asked the appeals court to block the injunction,” Politico reported late last night.

The Obama administration characterized the ruling by Forrest as unconstitutional.

The Justice Department said the ruling was “unprecedented” and argued that the executive has the right under the Constitution to detain anyone indefinitely without due process. The Fifth Amendment specifically mentions due process of law.

The NDAA also violates the “equal protection” clause of the 14th Amendment stating that all people be treated the same under the law.

The federal government argues that the National Defense Authorization Act did not expand its authority beyond what already existed under the 2001 Authorization for Use of Military Force (AUMF) , as interpreted by judges in Guantánamo Bay habeas corpus cases.