Obama okays assassinations of U.S. citizens, so STFU!?

by fairleft
Fri Feb 5th, 2010 at 04:38:16 PM EST

(H/t to Stu Piddy.) Director of National Intelligence Dennis Blair on Wednesday confirmed that President Obama can and does authorize assassinations of U.S. citizens, if those citizens are overseas. Are we all OK with this? Why no protest from progressive leaders within the Democratic Party? Progressives, leaders, within the Democratic Party? How can anyone still sane and moral in this country not agree with Glenn Greenwald (emphasis added):

Barack Obama, like George Bush before him, has claimed the authority to order American citizens murdered based solely on the unverified, uncharged, unchecked claim that they are associated with Terrorism and pose "a continuing and imminent threat to U.S. persons and interests." They're entitled to no charges, no trial, no ability to contest the accusations. Amazingly, the Bush administration's policy of merely imprisoning foreign nationals (along with a couple of American citizens) without charges -- based solely on the President's claim that they were Terrorists -- produced intense controversy for years.  That, one will recall, was a grave assault on the Constitution. Shouldn't Obama's policy of ordering American citizens assassinated without any due process or checks of any kind -- not imprisoned, but killed -- produce at least as much controversy?


And yet, the fact is, there is complete silence, by Democrats, Republicans, and the mainstream media (in fact the first exposure of the policy was buried deep inside an article on something else). Well, not complete silence. Apparently one representative at that Blair Congressional hearing, embarrassing as it is for Democrats a Republican, Peter Hoekstra (R-Mich.), sort of maybe 'criticized' the 'Citizen Assassinations ROK' policy, specifically over CIA involvement in the 2001 assassination of Christian missionaries (mistaken for drug exporters) in Peru:

"The targeting of Americans -- it's a very sensitive issue, but again there's been more information in the public domain than what has been shared with this committee. There is no clarity...what is the legal framework?"

To explain Hoekstra's concern dismissively, apparently FOX is going large on the wholesome, white Christian Bowers family, and how tragic it was that two of them were assassinated (and it certainly was), but of course the general policy of assassinations, well, FOX hit show '24' okays that if 'swarthy' actors play the bad guys.

I won't recap the case Glenn Greenwald has ably presented, the argument (obviously true) that assassinations of U.S. citizens, whether at home or abroad, solely on the President's authority violates U.S. law, the Constitution, international law, and just about everything legally progressive since 1215.

My focus is on the lack of any discernable left or progressive concrete reaction to this revelation. Uh, is there any place I can go on the net that is organizing protests, even civil disobedience against, this policy's people and symbols? What does it say about us and our 'democracy' that the answer is 'NO, not really'?

P.S. & BTW -- Jonathan Turley asks a couple of good questions:

If a president can kill U.S. citizens abroad, why not within the United States? What is the limiting principle beyond the practicalities?

Answers: Sure, why not? There ain't one.

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But everyone knows that Obama is "a great constitutional scholar". If Obama's for it, it must be constitutional!

This shows, by the way, the fundamental error of the Founders: their assumption that checks and balances can prevent tyranny. The problem with checks and balances is that they don't work, if all three branches of government are corrupt in similar ways, which is the case today.

Thus, in addition to checks and balances, one needs a virtuous ruling elite and/or a functioning democracy, neither of which we have today.

A bomb, H bomb, Minuteman / The names get more attractive / The decisions are made by NATO / The press call it British opinion -- The Three Johns

by Alexander on Fri Feb 5th, 2010 at 05:37:39 PM EST
The Founders opted for a (very) strong President system, and I imagine they wouldn't be displeased, so far, with what they've gotten.

fairleft
by fairleft (fairleftatyahoodotcom) on Fri Feb 5th, 2010 at 06:07:42 PM EST
[ Parent ]
I wouldn't be able to agree with your second point unless I knew it was the case that the Founders would have preferred not to have included the Bill of Rights into the Constitution. I don't know enough about them to say if that was the case or not.

Unless I'm mistaken, it's sometimes said in their defense that they saw the Bill of Rights as unnecessary, since it's principles were contained in English common law.

A bomb, H bomb, Minuteman / The names get more attractive / The decisions are made by NATO / The press call it British opinion -- The Three Johns

by Alexander on Fri Feb 5th, 2010 at 06:38:31 PM EST
[ Parent ]
Wikipedia: Background on the US Bill of Rights
The idea of adding a bill of rights to the Constitution was originally controversial. Alexander Hamilton, in Federalist No. 84, argued against a "Bill of Rights," asserting that ratification of the Constitution did not mean the American people were surrendering their rights, and therefore that protections were unnecessary: "Here, in strictness, the people surrender nothing, and as they retain everything, they have no need of particular reservations." ...

...

Finally, Hamilton expressed the fear that protecting specific rights might imply that any unmentioned rights would not be protected

...

Essentially, Hamilton and other Federalists believed in the British system of common law which did not define or quantify natural rights. They believed that adding a Bill of Rights to the Constitution would limit their rights to those listed in the Constitution. This is the primary reason the Ninth Amendment was included.

...

Following the Philadelphia Convention, some famous revolutionary figures and statesmen, such as Patrick Henry, publicly argued against the Constitution. Many were concerned that the strong national government proposed by the Federalists was a threat to individual rights and that the President would become a king, and objected to the federal court system in the proposed Constitution.

Thomas Jefferson, at the time serving as Ambassador to France, wrote to Madison advocating a Bill of Rights: "Half a loaf is better than no bread. If we cannot secure all our rights, let us secure what we can." George Mason refused to sign the proposed Constitution, in part to protest its lack of a Bill of Rights.



En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Fri Feb 5th, 2010 at 08:06:31 PM EST
[ Parent ]
This diary needs to be fleshed out a bit. For example, the missionary case seems to have been a case of mistaken identity, unfortunate circumstances, and poor judgement, not direct targeting of innocent Americans (as if nationality would have made a difference).

I would like to know why nationality makes a difference.  The police kill suspected dangerous felons every day in many countries based on their observation of crimes in progress.  Sometimes mistakes are made and these are most regrettable, but that doesn't change the protective responsibility/role of law enforcement.  I don't disagree that great care and judicial process should be taken/considered in dealing with dangerous criminals/terrorists, who often are wanted dead or alive, but the devil is in the details -lets see some policy details.  Does anyone know? Should citizenship make a difference?  To me the targeting of terrorists with drone aircraft presents a much greater problem since innocent civilians may be present.

I can swear there ain't no heaven but I pray there ain't no hell. _ Blood Sweat & Tears

by Gringo (stargazing camel at aoldotcom) on Fri Feb 5th, 2010 at 06:43:44 PM EST
I think this has to do with the tradition of political theory. For example, Locke holds that in the state of nature, the right to self-preservation takes precedence over the right of others not to be harmed by you, so that if you are starving, and there is someone who has food who does not want to give it to you, you have the right to kill that person if there is no other way of getting his food. When government is created, people cede their right to do violence to others to the state, because the state extends its protection to them as equals. People who have entered into a "contract" with the state, creating it, are citizens. Thus, citizens do not have the same obligation to non-citizens as they do to other citizens, since they never entered into an agreement with these "others" not to do harm to them.

This makes war more palatable, obviously, since in a (non-civil) war, you kill citizens of another country.

As for "collateral damage" by drone aircraft targeting "terrorists", that has to do with another set of issues, the principles of war (and hence the Geneva Conventions). (But it's not even clear that drone aircraft are engaged in war in any other than a metaphorical sense, since they are involved in covert assassinations, not any kind of military actions. Thus their killing even of alleged "terrorists" is illegal under international law, not just that of "civilians".)

Usually one thinks of national law and one's rights as a citizen as more "fundamental" than international law, so there is a sense in which their own government assassinating Americans abroad is more barbaric than the US government's indiscriminate killing of civilians.

But really, all these are fine distinctions. The fact of the matter is that the US has become a rogue state, killing anyone it wants at will, and this is tolerated by its allies, because it has military and other kinds of power over them.

A bomb, H bomb, Minuteman / The names get more attractive / The decisions are made by NATO / The press call it British opinion -- The Three Johns

by Alexander on Fri Feb 5th, 2010 at 07:21:08 PM EST
[ Parent ]
But it's not even clear that drone aircraft are engaged in war in any other than a metaphorical sense, since they are involved in covert assassinations, not any kind of military actions. Thus their killing even of alleged "terrorists" is illegal under international law, not just that of "civilians".

LOL wut?

It's only war if you can see the whites of their eyes, otherwise it's assasination? What about artillery, or bog standard air-dropped bombs?

Peak oil is not an energy crisis. It is a liquid fuel crisis.

by Starvid (arvid.hallen at gmail.com) on Sat Feb 6th, 2010 at 04:48:57 PM EST
[ Parent ]
Emphasis on "assassinations," not on "covert."

Whether these "terrorists" are actually members of a military organisation engaged in hostilities with the United States of America or any of their allies is very much up in the air (no pun intended).

- Jake

"Terraforming your own planet to make it uninhabitable hardly counts as epic win." - ThatBritGuy

by JakeS (JangoSierra 'at' gmail 'dot' com) on Thu Feb 11th, 2010 at 07:41:51 PM EST
[ Parent ]
The missionary case was an 'assassinate illegal drug exporters' policy, more than likely pushed on Peru by the U.S.

fairleft
by fairleft (fairleftatyahoodotcom) on Sat Feb 6th, 2010 at 12:23:15 AM EST
[ Parent ]
I should've described it as an 'assassinate alleged illegal drug exporters' policy.

fairleft
by fairleft (fairleftatyahoodotcom) on Sat Feb 6th, 2010 at 12:24:18 AM EST
[ Parent ]
The policy details are secret, the playbook the assassins are working under is secret. In fact intelligence chief Blair expressed regret over releasing a few limited details.

That's part of the problem: we need a law (preferably a detailed one) spelling out a judicial branch check on assassinations proposed by the executive branch. That's how the U.S. Constitutional system of checks and balances is supposed to work. If we had that, then at least we would know that a quasi-independent eye had gone over the justifications and evidence related to a proposed assassination and given the okay or not.

Instead, our system is 'trust us'. And we know from the number of innocent prisoners in Gitmo, Abu Ghraib, and Bagram, and other U.S.-managed hellholes that the U.S. is wrong much more often than it is right about who is or isn't a 'bad guy'.

fairleft

by fairleft (fairleftatyahoodotcom) on Sat Feb 6th, 2010 at 01:10:28 AM EST
[ Parent ]
As far as I can understand, assassinations are unconstitutional by definition, since the target doesn't get to be present at a trial.

The only way I can see of justifying them would be to consider them to be precise military strikes that are part of a larger war effort, but if that's what they are, then "assassinations" are a poor name for them.

This is just one example of the inevitable lawlessness that the concept "war on terror" leads to.

A bomb, H bomb, Minuteman / The names get more attractive / The decisions are made by NATO / The press call it British opinion -- The Three Johns

by Alexander on Sat Feb 6th, 2010 at 02:19:06 AM EST
[ Parent ]
I agree, but I guess there are two issues here: 1, the illegality of assassinating anyone, and 2, the end of Constitutional safeguards when the entire decision on whether or not to kill is the President's alone. They're both morally wrong and post-Constitutional.

fairleft
by fairleft (fairleftatyahoodotcom) on Sat Feb 6th, 2010 at 10:01:38 PM EST
[ Parent ]
Obama can and does authorize assassinations of U.S. citizens

!?

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma

by Migeru (migeru at eurotrib dot com) on Fri Feb 5th, 2010 at 08:07:12 PM EST
Both the CIA and the JSOC maintain lists of individuals, called "High Value Targets" and "High Value Individuals," whom they seek to kill or capture.  The JSOC list includes three Americans, including [New Mexico-born Islamic cleric Anwar] Aulaqi, whose name was added late last year. As of several months ago, the CIA list included three U.S. citizens, and an intelligence official said that [Yemeni-American cleric Anwar al] Aulaqi's name has now been added.

http://www.washingtonpost.com/wp-dyn/content/article/2010/01/26/AR2010012604239.html?hpid=topnews  

The Obama administration acted on this targetting in the case of Anwar al Awlaki, by bombing his housing compound and/or village, killing many but not him.

Yemeni Cleric Says He Did Not Order Dec. 25 Attack, But Knew Suspect (Washn)
2/5/2010, 7:13 p.m. EST
Karen DeYoung
(AP)
WASHINGTON-Yemeni American cleric Anwar al-Aulaqi taught and corresponded with the suspect in the attempted Dec. 25 airline bombing but did not order the attack, Aulaqi said this week.

Umar Farouk Abdulmutallab, a Nigerian, "is one of my students; yes, we were in correspondence" Aulaqi said in an interview published Tuesday in Arabic by al-Jazeera.net. "But I did not give (him) a fatwa in regards to this operation." In Islam, a fatwa is an order by a recognized religious authority. . . .

Aulaqi was thought to be meeting with regional al-Qaida leaders at a compound in Yemen targeted by a U.S. missile strike on Dec. 24, although he was not said to be the focus of the attack. Yemeni and U.S. officials have denied early reports that he was killed in the strike.

"The American missiles and raids killed 17 women and 23 children in my tribe," Aulaqi said in the interview, which was translated and distributed Friday by Evan Kohlmann, a senior investigator with the NEFA Foundation. "So don't ask me whether al-Qaida killed, or if it bombed an American civilian jet after all of that, as 300 Americans are nothing before the thousands of Muslims they killed," he continued. . . .



fairleft
by fairleft (fairleftatyahoodotcom) on Sat Feb 6th, 2010 at 12:46:24 AM EST
[ Parent ]
I read GG's post from last week regarding Dana Priest's article and I was sooo pissed. I remember in 2002 when Bush II had a US citizen killed in Yemen while sitting adjacent to a "target" in a car.

After calling both my Senators and my Rep., I realized I was going to be at a large formal dinner later in the week with a US consul posted in Germany, and what do you know, the consul was seated at our table! So, when I had a moment, I took them to the side and gave them an ear full! They first said don't believe everything you read, but agreed that it was illegal and would look into it with legal staff. Now that it's been confirmed by the DNI in open hearings, they are getting a follow up email from me. I know there isn't a damn thing they can do about it except pass it on, but letting people in positions of power know that this is extremely unacceptable, to say the least,  and not going unnoticed by US nationals abroad is the least that must be done.    

by gioele (gioele(daught)sandler(aaaattttt)gmail(daught)kom) on Sat Feb 6th, 2010 at 03:44:45 AM EST
Thanks for the diary and comments fairleft.

I can swear there ain't no heaven but I pray there ain't no hell. _ Blood Sweat & Tears
by Gringo (stargazing camel at aoldotcom) on Sat Feb 6th, 2010 at 11:34:50 PM EST
criminal government we used to complain about (in other countries).  

The script is familiar, and it does not end well.  

The Fates are kind.

by Gaianne on Sun Feb 7th, 2010 at 09:55:24 AM EST


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