A federal judge granted an emergency stay to the National Defense Authorization Act (NDAA) on Sept 17, blocking last week's injunction. The ruling allows the White House the right to detain Americans indefinitely.
The Examiner reported New York Federal Judge Raymond Lohier made the ruling on Monday in response to the Obama administration's appeal against last week's injunction by U.S. District Court Judge Katherine Forrest.
The ruling grants the federal government the right to imprison anyone "who was part of or substantially supported al-Qaeda, the Taliban or associated forces that are engaged in hostilities against the United States or its coalition partners" under the controversial NDAA (RT).
It overturns Forrest's ruling that "First Amendment rights are guaranteed by the Constitution and cannot be legislated away. This Court rejects the Government's suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention."
According to Politico "Lohier offered no explanation or rationale for the temporary stay." The Justice Department has argued that blocking the NDAA's provision for indefinite detention causes irreparable harm.
The stay will remain in effect until Sept 28., when it will be reviewed by an appeals court panel.