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Hedges vs Obama

Posted: Tue Jan 17, 2012 2:06 pm
by koan
Chris Hedges is suing the President for signing the indefinite detention act.

video and transcript of interview with Democracy Now.

Isn't there a "thing" where government is protected from lawsuits by reason of their office? I'm pleasantly surprised the lawsuit was possible though still don't see how the current system can be used to end the abuses of the current system.

Hedges vs Obama

Posted: Wed Jan 18, 2012 11:33 am
by Bryn Mawr
koan;1381437 wrote: Chris Hedges is suing the President for signing the indefinite detention act.

video and transcript of interview with Democracy Now.

Isn't there a "thing" where government is protected from lawsuits by reason of their office? I'm pleasantly surprised the lawsuit was possible though still don't see how the current system can be used to end the abuses of the current system.


It might be different in the US but here you cannot be sued for what you do or say in Parliament and, whilst the Queen signs laws into being it is the government as a whole that passes them - can the President sign an act into being without it being passed by one or both Houses?

Hedges vs Obama

Posted: Wed Jan 18, 2012 11:58 am
by koan
That's my understanding of the system as well, but Canada is structured like the UK. The discussion explains that they aren't actually trying to get a monetary reward, they are seeking to have the courts declare the law unconstitutional. In Canada they have temporarily overturned the law against bawdy houses for constitutional rights and the suit was filed by an individual. I'll have to look into it and see who or what she filed suit against.

eta: It was Bedford v Canada

Hedges vs Obama

Posted: Wed Jan 18, 2012 12:34 pm
by Bryn Mawr
koan;1381549 wrote: That's my understanding of the system as well, but Canada is structured like the UK. The discussion explains that they aren't actually trying to get a monetary reward, they are seeking to have the courts declare the law unconstitutional. In Canada they have temporarily overturned the law against bawdy houses for constitutional rights and the suit was filed by an individual. I'll have to look into it and see who or what she filed suit against.

eta: It was Bedford v Canada


Sorry, it was the language used - going to the High Court to have a law declared unlawful is not trying to sue the Queen :p

Interesting that it is considered to be a lawsuit against the nation rather than a question to the Law Lords or the Supreme Court

Hedges vs Obama

Posted: Thu Jan 19, 2012 3:40 am
by Accountable
It's my understanding that one must show standing in order to sue the gov't, meaning show that he has been harmed in some way, though I disagree with the principle. Society is harmed by the law's very existence. He should have named the author of the bill in the suit as well.

Hedges vs Obama

Posted: Thu Jan 19, 2012 11:52 am
by koan
Hedges' stance in personally filing the suit is that, as a reporter in countries where terrorism is considered rampant, the wording of the bill makes him subject to arrest just for doing his job.

Hedges vs Obama

Posted: Thu Jan 19, 2012 2:49 pm
by Accountable
Well, I hope he makes it, but being subject to harm isn't harm, and he's accusing the rule makers of breaking the rules.