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Hedges, et al. v Obama, et al - (SDNY) NDAA Opinion and Order - Document 36

Hedges, et al. v Obama, et al - (SDNY) NDAA Opinion and Order - Document 36

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Published by Jack Ryan
CONCLUSION
For the aforementioned reasons, plaintiffs' motion for preliminary injunction is GRANTED; enforcement of § 1021 of the NDAA is preliminarily enjoined pending further order of this Court or amendments to the statute rendering this Opinion & Order moot.
CONCLUSION
For the aforementioned reasons, plaintiffs' motion for preliminary injunction is GRANTED; enforcement of § 1021 of the NDAA is preliminarily enjoined pending further order of this Court or amendments to the statute rendering this Opinion & Order moot.

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Published by: Jack Ryan on May 18, 2012
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05/18/2012

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136 (Feb. 28, 2012), available at

http://www.gpo.gov/fdsys/pkg/DCPD-201200136/pdf/DCPD-

201200136.pdf. That directive provides specific guidance as to

Case 1:12-cv-00331-KBF Document 36 Filed 05/16/12 Page 10 of 68

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the “Scope of Procedures and Standard for Covered Persons

Determinations.” Specifically, it states that “covered persons”

applies only to a person who is not a citizen of the United States

and who is a member or part of al-Qaeda or an associated force

that acts in coordination with or pursuant to the direction of

al-Qaeda; and “who participated in the course of planning or

carrying out an attack or attempted attack against the United

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