“A lawyer for the plaintiffs, Bruce Afran, noted that the government’s lawyers told Judge Forrest during arguments after she issued her first temporary injunction in May that they did not know if the administration was using the detention provision. If the government is now arguing that stopping the practice would cause irreparable harm, it shows the administration was indeed using the law and violating the injunction, Afran said.”

http://www.huffingtonpost.com/2012/09/14/ndaa-case-indefinite-dentention_n_1885204.html

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