Yesterday, the Culture Project at Bleecker Street hosted Michael Moore and the plaintiffs of the Hedges v. Obama lawsuit filed against the Obama administration, including Christopher Hedges himself. Their case contests the National Defense Authorization Act for fiscal year 2012, which allows the federal government to detain terrorist supporters indefinitely.

The detention section of the NDAA was permanently blocked by a U.S. district judge in September of last year. But a month later, the Second Circuit Court of Appeals reversed the decision, allowing usage of the powers until a final judgment is rendered, which is expected to happen this June.

The plaintiffs argue that the loose language of the measure gives the government power beyond their constitutional authority to detain individuals who they suspect of sympathizing with terrorist groups without due process. These individuals may include investigative journalists and bloggers. Further, proponents of the lawsuit contend that the government can too easily violate basic rights of prisoners and get away with shoddy or potentially non-existent evidence that indicates substantial support for terrorist networks.

At the very minimum, military tribunal hearings should be held to determine if the federal government has enough compelling evidence to justify the indefinite detention of an individual. Obviously, there must be a certain amount of privacy in matters of national security, particularly concerning classified information and government operations. But an extension of due process must be afforded to those prisoners being held in limbo, if only to avoid the detention of innocent civilians.

A version of this article appeared in the Feb. 7 print edition. Email the WSN Editorial Board at [email protected]