Posted on 02/04/2013 6:29:12 PM PST by kristinn
A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” -- even if there is no intelligence indicating they are engaged in an active plot to attack the U.S.
The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically increased use of drone strikes against al-Qaida suspects, including those aimed at American citizens, such as the September 2011 strike in Yemen that killed alleged al-Qaida operatives Anwar al-Awlaki and Samir Khan. Both were U.S. citizens who had never been indicted by the U.S. government nor charged with any crimes.
SNIP
But the confidential Justice Department “white paper” introduces a more expansive definition of self-defense or imminent attack than described by Brennan or Holder in their public speeches. It refers, for example, to what it calls a “broader concept of imminence” than actual intelligence about any ongoing plot against the U.S. homeland.
SNIP
“A lawful killing in self-defense is not an assassination,” the white paper reads. “In the Department’s view, a lethal operation conducted against a U.S. citizen whose conduct poses an imminent threat of violent attack against the United States would be a legitimate act of national self-defense that would not violate the assassination ban. Similarly, the use of lethal force, consistent with the laws of war, against an individual who is a legitimate military target would be lawful and would not violate the assassination ban.”
(Excerpt) Read more at openchannel.nbcnews.com ...
Okay...just no water-boarding though.
“I don’t trust our present administration any more than anybody else, but I think the principles outlined here, as such, are valid”
I’m with you. If you’ve got a blue passport and want to hang around with some really bad terrorists in Yemen, fine, but don’t expect that passport to protect you from a drone with your name on it. To me, the Americans we’re killing are taking up arms against us...or getting close enough to that point.
In other words, if you want to be left alone, don’t be serving tea to Osama (or whoever these days). IT’S THEIR CHOICE. We are not droning them in Kentucky, we’re droning them in some really, really, nasty places and they have NO BUSINESS being there, if they truly consider themselves to be Americans.
Checks and balances ALWAYS operate even in times of war. And due process usually operates as well. That is why our courts continue to operate even during war time. Our Congress continues to sit even in war time. And the Supreme Court has declared that our right to due process continues during war time. (See Ex Parte Milligan)
The Constitution cannot be suspended even in time of War. Consequently checks and balances continue to operate even in time of war. This is both true historically and theoretically. The only time that the normal procedures of due process can be ignored is if there is something like actual combat in the streets that make it impossible to operate the courts. (Again see Ex Parte Milligan).
Congress has to suspend Habeas Corpus to limit due process. It doesn't happen just because Congress declares war. Congress has to specifically suspend it, and Congress can only do this if the the safety of the public requires it.
But when it is necessary to cross such a slope to defend American lives, you do so, and protest when excesses are proven, not because excesses CAN happen.
How could you prove there are any excesses? The executive will just classify the information and deny that a crime occurred. Also, what is to stop the government from accusing any whistle blowers of being a threat and getting rid of them too? The system that you are proposing is more than just a slippery slope. It is near the bottom of the slippery slope. The system that you are proposing is blatantly unconstitutional. Under the system your post advocate, you only have rights when the government says you can.
What Fourth Amendment? Oh you mean to the Constitution? That old, out-dated document?
Is it excessive when a 16 year old American citizen is murdered by drone? BTW, the 16 year old was wanted by nobody, been accused of nothing and never had a day in court. Is it OK for the king to murder him because you fear Al Qaeda?
Note this is from the same people who who obsessed with the supposed imminence of non-imminence of the Iraqi threat in 2002-2003.
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NBC EXCLUSIVE: Justice Department Memo Reveals Legal Case for Drone Strikes on Americans
Ping, TM, too.
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A “legal case” doesn’t make it legal, all it means is that someone gave their “opinion”.
They’s been a whole lotta opinionatin’ goin’ on, lately.
Very interesting that Isikoff appears to find Holder’s lies and the lack of transparency troubling. Jarrett won’t be happy that Barry’s cage is getting rattled by NBC and Isikoff whose job is the genuflect whenever commanded by the WH.
Maybe Isikoff is still p*ssed that Barry released his forged LFBC right after Isikoff went to HI and doubled-down on his investigation which concluded by supporting Barry and the HI DOH’s previous claim that an LFBC couldn’t possibly be obtained for Barry!
Cheers!
The outrage is based upon the very real possibility that this administration could easily decide to designate conservative gun owners as terrorists who pose an imminent threat to national security.
Cheers!
Heh! In that case ...
Dear Mods:
Those birthers are terrorists, I tell ya, terrorists. They pose an imminent threat.
(It’s a joke, people. Don’t get your panties in a twist.)
Just wait, the next memo will say “pro-life activist” instead of “Al Qaeda member.”
Didn’t Whoraldo play a part in Ruby Ridge?
1/30/13
“Drones to Watch Over US Highways”
http://news.yahoo.com/drones-watch-over-us-highways-155240670.html
“But this policy makes the President the judge, jury, and executioner of American citizens and we don’t operate that way. “
We do now. Gun owners(NRA) are looking to have a march of millions in May in DC. Think of all the “terrorists” a few drones would be able to get there.
Well, the guy in charge (Eric Holder), has lots of experience in killing (and kidnapping) American citizens. Big Sis, not so much...yet.
5.56mm
The tyrannical government just notched it up some more.
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