Tuesday, March 27, 2012

the polite conference rooms where liberties are saved and lost



truthdig | I spent four hours in a third-floor conference room at 86 Chambers St. in Manhattan on Friday as I underwent a government deposition. Benjamin H. Torrance, an assistant U.S. attorney, carried out the questioning as part of the government’s effort to decide whether it will challenge my standing as a plaintiff in the lawsuit I have brought with others against President Barack Obama and Secretary of Defense Leon Panetta over the National Defense Authorization Act (NDAA), also known as the Homeland Battlefield Bill.

The NDAA implodes our most cherished constitutional protections. It permits the military to function on U.S. soil as a civilian law enforcement agency. It authorizes the executive branch to order the military to selectively suspend due process and habeas corpus for citizens. The law can be used to detain people deemed threats to national security, including dissidents whose rights were once protected under the First Amendment, and hold them until what is termed “the end of the hostilities.” Even the name itself—the Homeland Battlefield Bill—suggests the totalitarian concept that endless war has to be waged within “the homeland” against internal enemies as well as foreign enemies.

Judge Katherine B. Forrest, in a session starting at 9 a.m. Thursday in the U.S. District Court for the Southern District of New York, will determine if I have standing and if the case can go forward. The attorneys handling my case, Bruce Afran and Carl Mayer, will ask, if I am granted standing, for a temporary injunction against the Homeland Battlefield Bill. An injunction would, in effect, nullify the law and set into motion a fierce duel between two very unequal adversaries—on the one hand, the U.S. government and, on the other, myself, Noam Chomsky, Daniel Ellsberg, the Icelandic parliamentarian Birgitta Jónsdóttir and three other activists and journalists. All have joined me as plaintiffs and begun to mobilize resistance to the law through groups such as Stop NDAA. Fist tap Arnach.