A judge on [May 16] blocked enforcement of a recently enacted law's provision that authorizes indefinite military detention for those deemed to have substantially supported" al Qaeda, the Taliban or "associated forces." District Judge Katherine Forrest in Manhattan ruled in favor of a group of civilian activists and journalists who said they feared being detained under a section of the law, which was signed by President Barack Obama in December 2011. "In the face of what could be indeterminate military detention, due process requires more," the judge said. She added that it was in the public interest to reconsider the law so that "ordinary citizens are able to understand the scope of conduct that could subject them to indefinite military detention." By issuing a preliminary injunction, the judge prevents the U.S. government from enforcing section 1021 of the National Defense Authorization Act's "Homeland Battlefield" provisions. During day-long oral arguments in March, Forrest heard lawyers for former New York Times war correspondent and Pulitzer Prize winner Chris Hedges and others argue that the law would have a "chilling effect" on their work. The judge said she worried at the government's reluctance ... to specify whether examples of the plaintiffs' activities ... would fall under the scope of the provision. "Failure to be able to make such a representation... requires the court to assume that, in fact, the government takes the position that a wide swath of expressive and associational conduct is in fact encompassed by 1021," the judge wrote.
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