Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: BuckeyeTexan
In the memo, the administration focuses its argument on the applicability of .U.S. Code and the Authorization for Use of Military Force.

18 U.S. Code § 1119 - Foreign murder of United States nationals

b) Offense.— A person who, being a national of the United States, kills or attempts to kill a national of the United States while such national is outside the United States but within the jurisdiction of another country shall be punished as provided under sections 1111, 1112, and 1113.

(1111 refers to murder. 1112 refers to manslaughter. 1113 refers to attempted murder and manslaughter.)

The text of the AUMF:

(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
I haven't get read the whole memo, but so far, I don't see any consideration of a citizen's constitutional protections.
14 posted on 06/23/2014 12:09:54 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
[ Post Reply | Private Reply | To 2 | View Replies ]


To: Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; GregNH; Salvation; ...
Of possible interest to the SCOTUS ping list. See also post 14.

The administration's conclusion relies on the SCOTUS decision in Hamdi v. Rumsfeld which says, essentially, that the AUMF authorized the President to detain a member of the Taliban who was captured abroad in an armed conflict against the U.S. on a traditional battlefield even if he is a citizen of the United States.

The administration further concludes that since the AUMF authorizes lethal force against enemy belligerents that the AUMF authorizes the President to use lethal force against a U.S. citizen abroad who is engaged in armed conflict against the U.S.

15 posted on 06/23/2014 12:38:14 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
[ Post Reply | Private Reply | To 14 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson