At the start of the first hearing on a lawsuit challenging the Homeland Battlefield Act, a federal judge appeared to be “extremely skeptical” that those pursuing the challenge had grounds to sue the US government. However, by the end of the hearing, the judge acknowledged plaintiffs had made some strong arguments on why there was reason to be concerned about the Act, which passed as part of the National Defense Authorization Act (NDAA) on New Year’s Eve last year.
Adam Klasfeld of Courthouse News, one of the few media organizations that actually covered the hearing yesterday, reported that Judge Katherine B. Forrest cited the lack of definition of terms such as “substantial support” or “associated forces,” which appear in the law. Without clearly knowing what “substantial support” for terrorism or “associated forces” of terrorist groups could be, Forrest asked, “How does the common citizen know?”
The government lawyers contended that the Homeland Battlefield Law “affirms” the Authorization to Use Military Force passed under President George W. Bush. But, according to Klasfeld, Forrest asked why language had changed. “Congress writes legislation for a reason, right?” There must be a purpose for the change.