each case and the relative strengths and weaknesses of each system. Otherwise, investigations could be compromised, our authorities to hold dangerous individuals could be jeopardized, and intelligence could be lost". On February 22, 2012, the Administration represented by Jeh Charles Johnson, General Counsel of the U.S. Department of Defense defined the term "associated forces". Johnson stated in a speech at Yale Law School: On February 28, 2012, the administration announced that it would waive the requirement for military detention in "any case in which officials [believe] that placing a detainee in military custody could impede counterterrorism cooperation with the detainee's home government or interfere with efforts to secure the person's cooperation or confession". Application of military custody to any suspect is determined by a national security team including the attorney general, the secretaries of state, defense, and homeland security, the chairman of the Joint Chiefs of Staff, and the Director of National Intelligence. On September 12, 2012, U.S. District Judge Katherine B. Forrest issued an injunction against the indefinite detention provisions of the NDAA (section 1021(b)(2)) on the grounds of unconstitutionality; however, this injunction was appealed to the U.S. Court of Appeals for the Second Circuit the following day and was later reversed. The Administration explained on November 6, 2012, the terms "substantially supported" and "associated forces" in its opening brief before the U.S. Second Court of Appeals in Hedges v. Obama. With respect to the term "substantially supported" the Obama administration stated: And with respect to the term "associated forces", the Administration cited the above-mentioned Jeh Johnson's remarks on February 22, 2012: The Administration summarized later in its brief that: NBC News released in February 2014 an undated U.S. Department of Justice White paper entitled "Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa'ida or An Associated Force." In it the Justice Department stated with respect to the term "associated forces" Legal arguments that the legislation does not allow the indefinite detention of U.S. citizens Mother Jones wrote that the Act "is the first concrete gesture Congress has made towards turning the homeland into the battlefield", arguing that "codifying indefinite detention on American soil is a very dangerous step". The magazine has nevertheless contested claims by The Guardian and the New York Times that the Act "allows the military to indefinitely detain without trial American terrorism suspects arrested on