US prosecutors urge judge to lift order

Federal prosecutors called on Manhattan federal court Judge Katherine Forrest on Friday to undo her ruling against military detention law, Reuters reported.

This comes after Forrest earlier this month ruled in favor of the activists and reporters, who had expressed concerns over being held under a part of the law approved back in December by US President Barack Obama.

Meanwhile, the US administration said that indefinite military detention without trying is necessary in cases that involved the militants and their supporters.

However, the activists voiced their concerns that the law was imprecise and would give the Executive Branch sole authority to decide what type of activities can be regarded as supporting the militants.

Forrest issued a preliminary injunction, thereafter, blocking the US government from implementing the section 1021 of the National Defense Authorization Act’s “Homeland Battlefield” provisions. The section permits indefinite military detention for the people believed to have “substantially supported” al Qaeda, the Taliban or “associated forces.”

Prosecutors in the Manhattan US Attorney said in a brief that the plaintiffs had nothing to worry about. “Individuals who engage in the independent journalistic activities or independent public advocacy described in plaintiffs’ affidavits and testimony, without more, are not subject to law of war detention as affirmed by section 1021.”

But lawyers for former New York Times war correspondent and Pulitzer Prize winner Chris Hedges and several others told Forrest during oral arguments that the law was “vague” and undermined the freedom of speech.

Bruce Afran, a lawyer for the plaintiffs, criticized the government’s brief, saying it failed to deal with the concerns about what kind of conduct was outside the law, and who was considered “independent” of enemy forces.

“It is surprising that the government is pursuing this case because it has other statutes that specifically target terrorist groups,” he said.

SAB/PKH

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