Information revealed by a Truthout Freedom of Information Act (FOIA) request was included in testimony presented to a federal judge in New York City who ruled this week to permanently block the United States military from enforcing part of a law allowing it to indefinitely detain anyone – including US citizens – accused of aiding terrorist organizations.
US District Judge Katherine Forrest permanently blocked the military from enforcing the controversial section of the National Defense Authorization Act (NDAA) that allows for such indefinite detention of people accused of working with terrorists. Forrest issued a preliminary injunction against the section in May.
Within 24 hours of the ruling, President Obama’s Justice Department appealed the decision to the disappointment civil liberties groups.
Soon after the NDAA sailed through Congress and was signed by President Obama on New Year’s Day, award-winning journalist and Truthout contributor Chris Hedges filed a lawsuit arguing that his work as a war correspondent, which included interviewing terrorists, put him at risk of wrongful and indefinite detention.
The paragraph in the NDAA at issue would allow the military to hold anyone accused of having “substantially supported” al-Qaeda, the Taliban or “associated forces” until “the end of hostilities.”
Six other co-plaintiffs joined Hedges in the lawsuit, including author and Truthout contributor Noam Chomsky and famed whistleblower Daniel Ellsberg.
Co-plaintiff Alexa O’Brien, a journalist and co-founder of the protest movement US Days of Rage, cited a Truthout FOIA request in her testimony.
O’Brien said that a federal agent confidentially notified her about a document suggesting the Department of Homeland Security (DHS) planned to infiltrate US Days of Rage by linking it to the hacktivist collective Anonymous.
Included in her testimony is a memo unearthed by Truthout which states: “National Cybersecurity and Communications Integration Center Bulletin. Details on ‘Anonymous,’ upcoming U.S. operations 17 September 2011 Occupy Wall Street, ‘U.S. Day of Rage.'”
O’Brien also testified that she learned from several sources, including leaked documents on WikiLeaks, that a private security firm and former US State Department officials had allegedly been asked to tie US Days of Rage to terrorist web sites.
The FOIA request, filed by Jason Leopold and first published with a series of stories by Truthout in March 2012, also revealed that DHS had kept tabs on the Anonymous hackers.
Help us Prepare for Trump’s Day One
Trump is busy getting ready for Day One of his presidency – but so is Truthout.
Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.
Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.
As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.
And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.
In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.
We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.
We urgently need your help to prepare. As you know, our December fundraiser is our most important of the year and will determine the scale of work we’ll be able to do in 2025. We’ve set two goals: to raise $110,000 in one-time donations and to add 1350 new monthly donors by midnight on December 31.
Today, we’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.
If you have the means to make a substantial gift, please dig deep during this critical time!
With gratitude and resolve,
Maya, Negin, Saima, and Ziggy