Hedges v. Obama et al
Filing 61
OPINION AND ORDER: For the reasons set forth on this Opinion and Order, this Court permanently enjoins enforcement of § 1021(b)(2) in any manner, as to any person. The Court invites Congress to examine whether there are amendments that might cu re the statutes deficiencies, or whether, in light of existing authorization and existing criminal statutes, § 1021 is needed at all.This Court has stated its position, as directly presented to it by the Government, that the AUMF and § 1021 (b)(2) are not the same; they are not co-extensive. Military detention based on allegations of substantially supporting or directly supporting the Taliban, al-Qaeda or associated forces, is not encompassed within the AUMF and is enjoined by this Order regarding § 1021(b)(2). No detention based upon § 1021(b)(2) can occur.The Clerk of the Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 9/12/2012) (jp)
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