But it’s all good because we should just trust the President.
This Administration has not carried out drone strikes inside the United States and has no intention of doing so.
Obama officials refuse to say if assassination power extends to US soil
Glenn Greenwald, The Guardian
Friday 22 February 2013 09.46 EST
The crux of this issue goes to the heart of almost every civil liberties assault under the War on Terror since it began. Once you accept that the US is fighting a “war” against The Terrorists, and that the “battlefield” in this “war” has no geographical limitations, then you are necessarily vesting the president with unlimited powers. You’re making him the functional equivalent of a monarch. That’s because it is almost impossible to impose meaningful limitations on a president’s war powers on a “battlefield”.
If you posit that the entire world is a “battlefield”, then you’re authorizing him to do anywhere in the world what he can do on a battlefield: kill, imprison, eavesdrop, detain – all without limits or oversight or accountability. That’s why “the-world-is-a-battlefield” theory was so radical and alarming (not to mention controversial) when David Addington, John Yoo and friends propagated it, and it’s no less menacing now that it’s become Democratic Party dogma as well.
Once you accept the premises of that DOJ white paper, there is no cogent limiting legal principle that would confine Obama’s assassination powers to foreign soil. If “the whole world is a battlefield”, then that necessarily includes US soil. The idea that assassinations will be used only where capture is “infeasible” is a political choice, not a legal principle. If the president has the power to kill anyone he claims is an “enemy combatant” in this “war”, including a US citizen, then there is no way to limit this power to situations where capture is infeasible.
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Out of the good grace of his heart, or due to political expedience, Obama may decide to exercise this power only where he claims capture is infeasible, but there is no coherent legal reason that this power would be confined that way. The “global war” paradigm that has been normalized under two successive administrations all but compels that, as a legal matter, this power extend everywhere and to everyone. The only possible limitations are international law and the “due process” clause of the Constitution – and, in my view, that clearly bars presidential executions of US citizens no matter where they are as well as foreign nationals on US soil. But otherwise, once you accept the “global-battlefield” framework, then the scope of this presidential assassination power is limitless (this is to say nothing of how vague the standards in the DOJ “white paper” are when it comes to things like “imminence” and “feasibility of capture”, as the New Yorker’s Amy Davidson pointed out this week when suggesting that the DOJ white paper may authorize a president to kill US journalists who are preparing to write about leaks of national security secrets).
A Bad Idea Gets Worse
By Charles P. Pierce, Esquire
Feb 21, 2013 at 12:30AM
Of all the various Washington mystery cults, the one at that end of Pennsylvania Avenue is the most impenetrable. This is why the argument many liberals are making — that the drone program is acceptable both morally and as a matter of practical politics because of the faith you have in the guy who happens to be presiding over it at the moment — is criminally naive, intellectually empty, and as false as blue money to the future. The powers we have allowed to leach away from their constitutional points of origin into that office have created in the presidency a foul strain of outlawry that (worse) is now seen as the proper order of things. If that is the case, and I believe it is, then the very nature of the presidency of the United States at its core has become the vehicle for permanently unlawful behavior. Every four years, we elect a new criminal because that’s become the precise job description.
What a Targeted Killing in the US Would Look Like
By: emptywheel
Tuesday February 19, 2013 1:03 pm
The arrest was staged at a warehouse controlled by the FBI, outfitted with 5 closed circuit video cameras that gave the FBI full visibility into anyone entering and leaving the warehouse, as well as pallets loaded with sandbags to provide cover. Altogether 66 FBI Agents participated in the arrest, with 29 Agents, including a K-9 team and snipers, inside the warehouse itself, along with helicopter cover, another K-9 team, and a control room nearby. Members of the FBI’s Hostage Rescue and SWAT teams participated, with Agents flying in from Columbia, South Carolina and DC via a previous operation in Los Angeles. The team had practiced the arrest scenario up to 10 times before the actual arrest.
The arrest started when the FBI detonated 3 pre-positioned diversionary explosives in the room in which the leader, 4 accomplices, two undercover officers and an informant had been moving boxes (the FBI insiders had already left the scene). That allowed the FBI team, wearing bullet proof gear and helmets, to move into place.
On orders, “FBI, show me your hands, on the ground!” the leader’s four accomplices put their hands up and got down on the ground (for a variety of reasons, the FBI doesn’t have recordings of the audio of the event). The leader hesitated, but then got face down on the ground, though the FBI claims his hands were not visible.
At that point, 62 seconds after the diversionary explosions, the K-9 handler, who had been briefed that the leader was the main target of the investigation, released the dog and gave the “bite” command, the first time he had ever done so in the year he had been a K-9 handler; the dog lunged at the leader’s arm or face. The FBI claims the leader raised a gun and shot the dog three times. One accomplice disagrees, describing that the leader had both hands on the dog, trying to keep him away from his face. Two FBI Agents who admitted shooting their rifles also had Glocks, though of a different caliber than the one allegedly used by the leader. There was no gunpowder residue found on the leader and no fingerprints found on the Glock.
In the next 4 seconds, 4 different FBI officers shot the leader with their Colt M4 rifles (3 were from the Hostage Rescue Team that had flown in for this arrest), set on semiautomatic. He was hit a total of 21 times. He died within a minute.
This was the culmination of a 3-year counterterrorism investigation into Imam Luqman Abdullah, a black Muslim who led a mosque in Detroit.
Warning: Several minutes into this video (included at the link), graphic images of a corpse appear. Also, the government may start tracking your online viewing if you view this YouTube, as someone started following my mostly defunct YouTube account after I watched it.
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