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Saturday, June 9, 2012

District court’s preliminary injunction against the marxist fraud obama

U.S. District Judge Katherine B. Forrest preliminary injunction order on May 16 enjoined enforcement of Section 1021(b)(2), ndaa act of 2012, against anyone until further action by this, or a higher, court – or by Congress.

U.S. District Judge Katherine B. Forrest: “Here, plaintiffs argue that they and others could be subject to indefinite military detention under Section 1021 (b)(2); accordingly, the public interest in ensuring that ordinary citizens understand the scope of such a statute justifies its breadth.”

(The judge is right, ordinary citizens don't understand the scope of the ndaa act that did allow obama to "snatch" ie, kidnap any US citizen with out ANY JUSTIFICATION, CHARGES OR TRIAL!) Story Reports

The judge explained that the plaintiffs alleged paragraph 1021 is “constitutionally infirm, violating both their free speech and associational rights guaranteed by the 1st Amendment as well due process rights guaranteed by the 5th Amendment.”

She noted the government “did not call any witnesses, submit any documentary evidence or file any declarations.”

“It must be said that it would have been a rather simple matter for the government to have stated that as to these plaintiffs and the conduct as to which they would testify, that [paragraph] 1021 did not and would not apply, if indeed it did or would not,” she wrote.

Instead, the administration only responded with, “I’m not authorized to make specific representations regarding specific people.”

“To put it bluntly, to eliminate these plaintiffs’ standing simply by representing that their conduct does not fall within the scope of 1021 would have been simple. The government chose not to do so – thereby ensuring standing and requiring this court to reach the merits of the instant motion.

“Plaintiffs have stated a more than plausible claim that the statute inappropriately encroaches on their rights under the 1st Amendment,” she wrote.

Forrest found that the plaintiffs had a reasonable fear of detention based on the language of the statute. She ordered the provision not to be enforced until further proceedings in her court or “remedial” action by Congress that would restore those protections.

“The government was given a number of opportunities at the hearing and in its briefs to state unambiguously that the type of expressive and associational activities engaged in by plaintiffs – or others – are not within [paragraph] 1021. It did not. This court therefore must credit the chilling impact on 1st Amendment rights as reasonable – and real,” Forrest said.

(The reason obama and his fellow marxists did not state unambiguously that all American citizens are subject to kidnapping and indefinite detention is because obama wants to be able to kidnap anybody at will for any reason under the guise of section 1021.

Obama is a marxist fraud who cannot validate his US citizenship.)
Story Reports

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