Posts Tagged ‘PRESIDENT’S ASSASSINATION PROGRAM’

Written by Masoninblue and reblogged with permission.

President Obama’s assassination doctrine is a blatant violation of the Fifth Amendment and an insult to everyone who believes in due process of law, the rule of law, and the Constitution. No one is above the law, especially the President. That he would think and proclaim otherwise, says volumes about his arrogance and ignorance.

Attorney General Eric Holder delivered a speech at the Northwestern University School of Law purporting to justify the assassination doctrine as an acceptable form of non-judicial process that has never been reviewed, much less approved, by a court of law. Worse, the administration refuses to share and discuss the legal memorandum upon which Mr. Holder and Mr. Obama rely in claiming the assassination power.

As with everything else in this secretive administration, we are supposed to shut-up and trust them. I refuse to do so.

Support for the death penalty in this country has declined substantially due to the hundreds of innocent people wrongfully convicted and sentenced to death. Why would anyone think that the President should be trusted to get it right when he targets someone for assassination, if our criminal justice system and its vaunted trial by jury so often gets it wrong? What is to stop a president from targeting a political rival or a Reverend Martin Luther King, Jr. for assassination?

Nothing. The person is assassinated and we the people are never provided with an explanation. Absent a whistleblower, and we all know how much this president loves and welcomes whistleblowers, we would never know the president ordered the hit, much less why. Indeed, one might reasonably suppose that he or she would be next, if they asked too many questions.

I am truly disgusted and alarmed beyond words by this development. Under no circumstances will I vote for Barack Obama or any other candidate who supports his assassination doctrine.

Cross posted from my law blog.

written by Masoninblue and reblogged here with permission from frederickleatherman.wordpress.com

Drone State?

by Truthout on Creative Commons at Flickr

Judges use a legal expression when they decide to prevent the potential evisceration of a fundamental rule of law by exception. In denying an argument to recognize such a proposed exception, they point out that, if they were to accept it, the exception would “swallow the rule.”

Our fundamental constitutional right to due process of law is in danger of being swallowed up by the Obama Administration’s policies of assassinating and indefinitely detaining United States citizens, no matter where they may be located, without due process of law, if the president decides that the citizen is a terrorist, supports terrorism, or is a member of al-Qaeda, an affiliate of al-Qaeda, or an associated force.

For example, in a recent federal case in which Anwar al-Awlaki’s father sued President Obama, Secretary of Defense Gates, and CIA Director Leon Panetta seeking to prevent them from assassinating his son without due process of law, the Department of Justice persuaded the judge to dismiss the case because, nothwithstanding the Due Process Clause of the Fifth and Fourteenth Amendments that explicitly prohibit the government from depriving a person of “life, liberty, or property without due process of law,” the judicial branch of government has no constitutional authority to question or review decisions by the president as Commander in Chief of the Armed Forces to assassinate U.S. citizens on his say so anywhere in the world at any time pursuant to the Authorization to Use Military Force (AUMF), passed by Congress in response to 9/11, and the president’s authority under Article 2 of the United States Constitution.

Go here to read the government’s arguments in its motion to dismiss the father’s complaint.

Anwar al-Awlaki and Samir Khan, both U.S. citizens, were subsequently assassinated in Yemen last September by Hellfire missiles fired from a U.S. drone. Mr. al-Awlaki’s 16-year-old son, Abdulrahman, was assassinated by drone two weeks later.

As Glenn Greenwald points out today, the Obama Administration hypocritically uses the CIA drone assassination program to publicly congratulate itself on removing targeted individuals like al-Awlaki “from the field” without due process of law while at the same it refuses to admit or deny that it has a list of targeted individuals and a drone assassination program. With the exception of Mr. al-Awlaki, whose name was confidentially disclosed to journalist Dana Priest as a person targeted for assassination, we do not know whether the president has targeted anyone else and, assuming that he has, we do not know if such person or persons have been assassinated. We also do not know what criteria the president uses to decide whether to put someone on the list. For all we know, any one of us already could be on the list or at risk to be added to it. Since we do not know whether we are on the list and we cannot find out if we are, we cannot challenge the president’s decision to add us to the list, assuming for the sake of argument that he did. We, by which I include every U.S. citizen no matter where situated in the world, are left with no choice except to trust the president to never make a mistake and never succumb to the temptation to use the assassination program for political purposes.

In the mistake department, one need only consider the relatively frequent stories that pop up about innocent people, including young children, whose names inexplicably are added to the No-Fly List maintained by the Department of Homeland Security. I will not go into the category of assassinations for political purposes as it remains a raw and bleeding wound of grief and endless suspicion and speculation by many people. Think, for example of John F. Kennedy, Robert Kennedy, the Reverend Martin Luther King, Jr., Dr. Bruce Ivins and others too numerous to mention. The point is that many unscrupulous people of wealth and privilege covet the power of the presidency. We already know that this president is for sale and we cannot trust him. The question is whether, assuming you openly oppose him, you are willing to trust him not to target you for assassination. And if you trust him not to do so, would you also trust a Newt Gingrich, a Sarah Palin, or someone like them not to do so, if they should be elected president?

The answer to that question should be self-evident.

Consider these words written by Justice Black of the United States Supreme Court in Reid v. Covert, 354 U. S. 1, 10 (1956):

Trial by jury in a court of law and in accordance with traditional modes of procedure after an indictment by grand jury has served and remains one of our most vital barriers to governmental arbitrariness. These elemental procedural safeguards were embedded in our Constitution to secure their inviolateness and sanctity against the passing demands of expediency or convenience.

This is not the first president and certainly will not be the last to seek to detain people indefinitely and/or target them for assassination without due process of law in the name of keeping us safe. Whether in good faith or in bad faith for political purposes in the pursuit of power, I feel much safer if his decisions and actions are constrained by the Due Process Clause and the right to habeas corpus.

Cross posted from my law blog.