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Appeals court unblocks indefinite detention law

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 appeals court panel can take up the issue on September 28.

Lohier offered no explanation or rationale for the temporary stay. However, the Justice Department has asked the appeals court to block the injunction issued by U.S. District Court Judge Katherine Forrest last Wednesday.

U.S. government officials have argued that the provision in the National Defense Authorization Act simply restates existing law on so-called law-of-war detention, at least the law as interpreted by the D.C. Circuit regarding who can be held for providing "substantial support" to Al Qaeda or allied groups. Critics, including journalists and other activists who filed suit over the provision, say they are in fear of being detained for engaging in their regular work.

The legal dispute about whether the law can be blocked turns to a great extent on arcane legal points. The Justice Department claims that even though the provision didn't change existing law, blocking causes irreparable harm because blocking any Congressionally-passed statute does so. Forrest said the government's concession meant there was no urgency to keeping the law enforceable.

Both Forrest and Lohier are Obama appointees.