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US can kill its own citizens without review when state secrets are involved, DOJ lawyer argues
ABA Journal ^ | 18 Nov 2020 | Debra Cassens Weiss

Posted on 11/27/2020 8:24:29 AM PST by Theoria

A U.S. Department of Justice lawyer argued Monday that the United States can kill its own citizens without judicial review when litigation would reveal state secrets.

The argument drew alarm among judges on the U.S. Court of Appeals for the District of Columbia Circuit, Courthouse News Service reports.

Judge Patricia Millett characterized the DOJ’s argument as giving the government the ability to “unilaterally decide to kill U.S. citizens,” according to coverage of the argument by Courthouse News Service. “Do you appreciate how extraordinary that proposition is?”

The government’s brief in the case supplies details of the lawsuit. The plaintiff, Bilal Abdul Kareem, is a U.S. citizen who works as a journalist in Syria for the “On the Ground Network” news channel, which provides access to the views of rebel fighters. The militants are linked to al-Qaida, according to Courthouse Service.

Kareem alleges that he was narrowly missed by five military strikes that he thinks were carried out by the U.S. military as a result of his inclusion on a kill list. He suggests that he was put on the list because of metadata from electronic devices, and he doesn’t meet the guidelines for inclusion.

The government sought to dismiss the case, invoking the state secrets privilege because Kareem sought discovery on whether he had been targeted, the process the government used to target him, and whether the United States had attempted to kill him. A federal judge agreed with the government.

In its appellate brief, the government argued that Kareem lacked standing because he makes an unsupported assertion about being targeted in a war zone. Even if he had standing, the government argued, the state secrets privilege forecloses litigation of his claim.

(Excerpt) Read more at abajournal.com ...


TOPICS: Crime/Corruption; Government; Syria; War on Terror
KEYWORDS: alqaeda; aq; bilalabdulkareem; bradleyhinshelwood; doj; fakeamericans; kareem; killlist; patriciamillett; standing; statesecrets; syria; tatesecrets; unlawfulcombatants; warzone; wot
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To: Theoria

He’s on a battlefield in enemy held territory providing support to the enemy. We don’t need an excuse to kill him. It doesn’t matter if he is a US citizen. Think of it this way - Lord Haha and Tokyo Rose were, respectively, British and American. But the provide enemy propaganda targeted at our citizens and troops. We would not need legal review kill them. This is the same case here.

But “...the United States can kill its own citizens without judicial review when litigation would reveal state secrets” is an effin’ absurd argument. I’d have that guy fired so bloody fast.


21 posted on 11/27/2020 9:00:11 AM PST by Little Ray (The Left and Right no longer have anything in common. A House divided against itself cannot stand.)
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To: Theoria

I see that my tagline below speaks the truth.


22 posted on 11/27/2020 9:00:28 AM PST by I want the USA back (I fear my government much much more than a virus from china.)
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To: Theoria

Is the reverse true, in self-defense?


23 posted on 11/27/2020 9:00:38 AM PST by NTHockey (My rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: Theoria

“State Secrets” is code for “Federal Bureaucrat Crimes”


24 posted on 11/27/2020 9:00:59 AM PST by E. Pluribus Unum (You are in far more danger from an authoritarian government than you are from a seasonal virus.)
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To: null and void

Nope not by us. I suppose this only applies one way?


25 posted on 11/27/2020 9:01:38 AM PST by Karliner (Heb 4:12 Rom 8:28 Rev 3, "...This is the end of the beginning." Churchill)
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To: Theoria


"Senators and presidents don't have men killed."

"Oh, who's being naïve, Kay?"
26 posted on 11/27/2020 9:03:14 AM PST by dfwgator (Endut! Hoch Hech!)
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To: himno hero

I think a lot of us do. Problem is it will never happen.


27 posted on 11/27/2020 9:05:45 AM PST by Karliner (Heb 4:12 Rom 8:28 Rev 3, "...This is the end of the beginning." Churchill)
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To: Theoria
It's always been accepted that the US government can kill citizens who have taken up arms against it.

This is just lawfare by terrorist supporters to interfere with US military operations.

28 posted on 11/27/2020 9:06:37 AM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: elpadre

There is a process whereby the court room is secured, the judge is read in and they can divulge whether or not the plaintiff was on a kill list. Does not matter who tried to execute the kill. Only thing the judge needs to know is, yes or no regarding the kill list and what agency put him on the list. If an American citizen, especially a reporter can be unilaterally placed on a CIA or DOD kill list everyone who opposes government overreach needs to be afraid. If that man is a US citizen and a USA three letter agency put him on a kill list, whomever the head of that agency was should be prosecuted. I would have thought the ACLU would want to take this case. The fact they are not involved makes leads me to believe if true, it was initiated by the Obama era CIA or DOD.


29 posted on 11/27/2020 9:07:11 AM PST by OldGoatCPO (No Caitiff Choir of Angles will sing for me)
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To: Theoria

With such logic, would the Deep State feel unchained in an attempt on a president’s life? Why not?


30 posted on 11/27/2020 9:07:32 AM PST by Uncle Miltie (Biden: Senile, pedophile, grifter, extortionist, thief.)
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To: Theoria

Yep you get the sense this is going to happen shortly.....


31 posted on 11/27/2020 9:08:43 AM PST by ncfool (Joe Biden USSA.. United Socialist state of aMeriKa...... 11.3.2020 - President in waiting Kama-la-la)
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To: Little Ray
But “...the United States can kill its own citizens without judicial review when litigation would reveal state secrets” is an effin’ absurd argument. I’d have that guy fired so bloody fast.

I wouldn't be surprised if the lawyer was an Obama holdover deliberately trying to throw the case: that's what one of the officials in DHS did with DACA. She so weakly defend Trump's position that his authority to end the program was postponed.

32 posted on 11/27/2020 9:10:12 AM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: OldGoatCPO

Well, if you travel to a war zone and join the other side, you should be afraid.


33 posted on 11/27/2020 9:11:39 AM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: Theoria

Are the ABA, and Patricia Millett daft?

They claim that is is extraordinary” for the government “unilaterally deciding to kill U.S. citizens,” is hardly “extraordinary”.

It is not extraordinary. It is every day practice, endorsed by the ABA, Judge Millett and their friends.

In the US we allow the killing of thousands of innocent and defenseless Americans every day, often with the government footing the bill, and often with government coercion. 60,000,000 in the last 50 years, making premeditated murder with complete government sanction, and often support, the leading cause of death in the USA. Way above cancer and heart disease.

In October 2017 Judge Millett wrote an opinion (Garza vs Margen) claiming that it was against the Constitution for the government to decide NOT to kill a person.


34 posted on 11/27/2020 9:13:16 AM PST by OVERTIME (Tammie Lee Haynes)
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To: Vitesse

“This guy must be a Trump voter.”

And you must be an Obama troll.


35 posted on 11/27/2020 9:17:29 AM PST by odawg
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To: elpadre

Church was a national hero. He exposed massive FBI and CIA crimes. Church was an Intel Officer in WWII and knew the difference between legitimate intel and police state crap.
The spook world always claims that any attempt to reign them in endangered America, compromises sources and methods, and “if only we could know what they do for us”.

All BS


36 posted on 11/27/2020 9:20:49 AM PST by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. .... )
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To: Vitesse

How about telling us more about yourself on your page?

For starters—are you with us or against us?


37 posted on 11/27/2020 9:22:03 AM PST by cgbg ( Remember 1876--we _can_ do this!--Biden--Office of the Prisoner-Elect)
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To: pierrem15

Makes sense.
One thing everybody forgets is that government is own biggest special interest...


38 posted on 11/27/2020 9:25:42 AM PST by Little Ray (The Left and Right no longer have anything in common. A House divided against itself cannot stand.)
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To: Vitesse

Go make love to your self


39 posted on 11/27/2020 9:28:00 AM PST by al baby (Hi Mom Hi Dad)
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To: Theoria

The biden crime gang, led by soros, considers it essential to get this enshrined into law for the next millennium they hope to be in power.


40 posted on 11/27/2020 9:29:24 AM PST by DPMD
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