DOJ Defends Controversial Military Detention Provision
As presidential election returns rolled in Tuesday night, the U.S. Justice Department filed its opening brief defending a controversial military detention provision that a trial judge in Manhattan declared unconstitutional earlier this year.
The suit, filed in Manhattan federal district court by a group of journalists and activists, challenges a section of the National Defense Authorization Act that DOJ lawyers said reaffirms presidential detention authority under the Authorization for Use of Military Force, or AUMF. That authorization was passed in response to the Sept. 11 terror attacks.
Government lawyers said in the papers filed last night in the U.S. Court of Appeals for the Second Circuit that the plaintiffs “are in no danger whatsoever of being subject to capture and detention by the U.S. military.” The provision in question allows the detention of people who “substantially supported” al-Qaeda or “associated forces.”
“The district court nonetheless issued an extraordinary and sweeping injunction at their behest,” DOJ lawyer August Flentje of the Civil Division said in the brief filed last night. Flentje said the trial judge, Katherine Forrest of U.S. District Court for the Southern District of New York, “entered a sweeping and permanent injunction against the president.”
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