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NDAA Hearing Decision

NDAA Hearing Decision

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Published by: revolutiontruth on May 17, 2012
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05/17/2012

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I’m asking you as a representative of the United
States Government here today, can Ms. Jonsdottir
travel to the United States without any concern that
she will be captured by her current activities under
§ 1021?

Government: Again, I can’t make representations on
specifics. I don’t know what she has been up to. I
don’t know what is going on there.

Tr. 239.

With regard to Hedges the Court asked,

Is it possible, in your view, that Mr. Hedges, any of
his activities as he has described them, should they
occur in the future, [and also as to his past

Case 1:12-cv-00331-KBF Document 36 Filed 05/16/12 Page 34 of 68

35

activities], can you say that he would not be subject
to military detention without trial under § 1021?

Government: I’m not prepared to address that question
here today, but I would answer that by saying that his
concerns that he has raised are addressed by what I
have said and he has the burden of showing that his
fear as articulated is a reasonable fear.

Tr. 245.

DISCUSSION

Plaintiffs’ challenge to the constitutionality of § 1021 and

request for preliminary injunctive relief requires this Court to

answer the following questions: do these plaintiffs have the

standing to bring this action? If plaintiffs do have standing--or

at least some of them do--are they able to meet the demanding

standards for preliminary injunctive relief?

As set forth below, the Court answers those questions in the

affirmative.

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