Hedges NDAA Indefinite Detention Decision Stayed By 2nd Circuit

As much as I, and most who care about Constitutional protections and Article III courts still having a function in balance of power determinations, the recent 112 page ruling by Judge Katherine Forrest in SDNY (see here and, more importantly, here) had fundamental issues that made review certain, and reversal all but so.

The first step was to seek a stay in the SDNY trial court, which Judge Forrest predictably refused; but then the matter would go to the Second Circuit, and the stay application was formally filed today.

Well, that didn’t take long. From Josh Gerstein at Politico, just filed:

A single federal appeals court judge put a temporary hold Monday night on a district court judge’s ruling blocking enforcement of indefinite detention provisions in a defense bill passed by Congress and signed into law last year by President Barack Obama.

U.S. Court of Appeals for the 2nd Circuit Judge Raymond Lohier issued a one-page order staying the district court judge’s injunction until a three-judge panel of the court can take up the issue on September 28.

Lohier offered no explanation or rationale for the temporary stay.

Here is the actual order both granting the temporary stay and scheduling the September 28 motions panel consideration.

This is effectively an administrative stay until the full three judge motions panel can consider the matter properly on September 28th. But I would be shocked if the full panel does anything but continue the stay for the pendency of the appeal.

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Emptywheel Twitterverse
bmaz @trevortimm Weird. I did notice he turned back into an orange egg right before disappearing. Just as when he started. Full circle I guess.
16mreplyretweetfavorite
bmaz @benwizner This actually makes sense. Chinese factories are stable, so @realDonaldTrump has them do it. He couldn't keep his own out of BK.
23mreplyretweetfavorite
bmaz @emptywheel @joshgerstein Yep, but I'm with Josh, I would have guessed even less.
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emptywheel Even under Stellar Wind, NSA had decided contact chaining only useful to 2 hops. So O's decision to limit it to that was...not a concession.
42mreplyretweetfavorite
emptywheel @joshgerstein To put it another way: 98.8% of people investigated bc of Stellar Wind were innocent.
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emptywheel IG Report appears to be hiding role of CTC lawyers, just as torture report but not other reports did. http://t.co/1icn7M78i5 @Krhawkins5
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emptywheel Redactions in Stellar Wind IG Rpt are especially pathological given that some redacted passages avail in NSA draft. http://t.co/1icn7M78i5
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emptywheel (Which is a reminder for you all that John Brennan was a key cog in illegal wiretapping even in Bush Admin)
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emptywheel Unlike Cheney, Addington, Tenet, Wolfowitz, Card, and Yoo, John Brennan DID cooperated w/Stellar Wind IG Report. http://t.co/1icn7M78i5
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emptywheel Conde Nast's "luxury travel guide" to Cuba. http://t.co/De9DGsR7uA
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emptywheel IG Report liberated by @charlie_savage reminds DOJ's investigation of Yoo hackery on illegal wiretapping disappeared http://t.co/1icn7M78i5
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emptywheel "Just 1.2% of the tips from [Stellar Wind from] 2001 to 2004...made a sig contribution to IDing terrorist." http://t.co/dW2pwbkIde
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