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Military Drone Attacks Are Not 'Hostile'

sanzibar writes "Not satisfied with the legal conclusion of the DOJ, the Obama administration found other in-house lawyers willing to declare a bomb dropped from a drone is not 'hostile'. The strange conclusion has big implications in determining the President's compliance with the law. If drone strikes are in fact hostile and the Libyan campaign continues past Sunday, he may very well be breaking the law."

16 of 892 comments (clear)

  1. Butters knows this one by Anonymous Coward · · Score: 5, Insightful

    "You know, you can call a shovel an ice-cream machine, but it's still a shovel, Mom and Dad"

  2. Yep, not the change I voted for by Anonymous Coward · · Score: 5, Insightful

    This is even worse than claiming that waterboarding isn't torture. WTF? I can't believe that I donated money to this douche in 2008.

  3. "Not hostile" by girlintraining · · Score: 5, Insightful

    The use of explosives by anyone on this forum would be considered "hostile" and would land them in jail. They can label it whatever they want, but you drop a bomb somewhere, you better expect a "hostile" reply.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:"Not hostile" by shutdown+-p+now · · Score: 5, Interesting

      It's the natural continuation of the long-existing slippery slope. First they stopped the use of the term "war" (to remind, the US has last officially used the term "war" in 1942 - neither Korea nor Vietnam nor Afghanistan nor Iraq were "wars"). The next logical step is to excise any mention of violence whatsoever. Conveniently, this also removes the need to authorize it.

      In the long term, though, I suspect that this moment - and not all the other Obama's blunders - will end up in history as the marking moment of his presidency. Even Bush asked (and received) authorization to use force from the Congress - albeit with a lot of deception and outright lies. Obama pretty much says he doesn't care for one, and it's his way or the highway.

      Frankly, waging war in explicit denial of the parliament would be grounds for immediate impeachment in pretty much any other country. How does that normally work in US?

  4. It doesn't matter. by Jane+Q.+Public · · Score: 5, Insightful

    It is a coercive, destructive, military act, 100% consistent with what our Founding Fathers meant when they wrote "war". Therefore I don't give a crap whether somebody re-defines it as "hostile" or "friendly" or a "love tap". It's illegal as hell.

    1. Re:It doesn't matter. by Pyrion · · Score: 5, Insightful

      Bush got congressional authorization. Obama thinks he doesn't have to. That's the key difference.

      --
      "There is much pleasure to be gained from useless knowledge." - Bertrand Russell.
    2. Re:It doesn't matter. by snl2587 · · Score: 5, Insightful

      Bush got congressional authorization by lying to Congress. Obama thinks he doesn't have to. That's the key difference.

      FTFY

    3. Re:It doesn't matter. by Jane+Q.+Public · · Score: 5, Insightful

      "I don't give a crap" is not a logical non-sequitur. Further, the Constitution already gives the power to declare war to Congress, not the President. And further yet, the "War Powers Act" does not trump the Constitution, it merely clarifies Congress' policies regarding the waging of war.

      The President's power over our military is generally considered to be limited to the power to repel invasion, without Congress' prior approval. However, this is neither a repulsion of an invasion, or a War declared by Congress. Therefore it is an illegal act, regardless of how "hostile" it is, or not. Nor does the President have any Constitutional authority to re-define the law.

      Therefore, the President has committed an illegal act. And there is no non-sequitur in that chain of logic.

  5. Re:Of Course Drone Attacks Are Hostile by jhoegl · · Score: 5, Interesting

    Yeah, doesnt that basically give an open window to terrorists and Iran?
    WTF!

  6. Re:It's not a law! by zill · · Score: 5, Informative

    It's called the War Powers Resolution for a reason... it was a resolution, of Congress... which does not have the signature of a President... it was not vetoed... or even pocket vetoed... because it was never presented to a President for his signature... preventing any possibility of a veto override.

    As much as I loathe this President... I do have to give him credit for standing up against the WPA... it’s a shame he’s not competent enough to recognize the reality of the WPA and state it... rather than playing these games.

    Wrong, wrong, wrong, and wrong.

    It passed the House on July 18, 1973.
    It passed the Senate on July 20, 1973.
    President Nixon vetoed it on October 24, 1973.
    His veto was overridden by the Senate on November 7, 1973. Thus immediately the bill became law, without the need for Nixon's signature.
    And this is a high resolution scan of the final bill.

  7. How is that... by Mark+Atwood · · Score: 5, Funny

    How's that Hope & Change working out for y'all?

  8. Re:Set an iron-clad precedent by guspasho · · Score: 5, Insightful

    "But we can't just agree to ignore the law for presidents we like."

    I voted for Obama because he said he would end the presidential lawlessness, end the wars, end the abuse of "state secrets" to block justice through the courts, close Guantanamo Bay and end the 4th and 5th Amendment violations that it represented, and protect whistleblowers. But since he was elected he has done the exact opposite, attempting to assassinate US citizens simply by declaring them enemies of the state with no process whatsoever, escalating the wars and even claiming the power to start more wars without consulting Congress, increased the abuse of state secrets to even prevent cases from being heard, refused to do anything about Guantanamo Bay and even opened up the greater black hole at Bagram, prosecuting whistleblowers to a far greater extent than any previous president ever did, and trying to prosecute Wikileaks under the Espionage Act. All of this is the exact opposite of what he said he would do when we elected him.

    The only power citizens have to punish presidential lawlessness is to refuse to reelect them, and when possible, elect the candidate who says they will undo the lawless behavior. And when the country did that, the guy we elected broke every one of his election promises and proved to be much, much worse. And Congress, as well as both parties, have proven to be enthusiastic supporters of all of this. Senator Russ Feingold, the only one who really cared about the rule of law, lost reelection last year. When both parties support government lawlessness, in Congress and the White House, when we elect those who promise to stop it and they turn around and expand upon that lawlessness instead, what option do we have?

    The precedent, I'm afraid, has already been set. Nobody who matters supports the rule of law any more; not Congress, and not the courts, nor the mass media, who are all too deferential to presidential power to want to do anything about it, not the parties who both want that power for themselves when they win the White House, and certainly not the executive who reaps the benefits. That sort of unanimity among the branches of government is what establishes precedent for a very long time, generations if not indefinitely.

  9. Re:Of Course Drone Attacks Are Hostile by Wyatt+Earp · · Score: 5, Informative

    Except the US and NATO don't "indiscriminately" kill as they please, they put a ton of planning into every strike and try to conduct operations is with a minimal amount of civilian death and injuries.

    After all, the US and UK have been using inert bombs on radar and light structures for over 12 years, because an explosive would do too much civilian damage.

    Those ignorant of military history think all modern bombing and air strikes look like Sir Harris planned them and that because a B-52 can carry 35 tons of bombs, every time a B-52 is mentioned it must have dropped 35 tons of bombs.
    http://en.wikipedia.org/wiki/Carpet_bombing

    But the vast majority of airstrikes and bombings by the US and NATO since 1992 have been with smart weapons, guided missiles or single small (500 pound or 1000 pound) bombs

    http://en.wikipedia.org/wiki/Precision_guided_munition

    In Iraq/Kuwait in 1991 8.8% of air strikes were with PGMs, in the Kosovo War the number is up to 90%, in 2001 Afghanistan it drops back to 55%

    In Libya it looks like about 75-80% PGM, and of course anything from a Predator or Reaper drone is going to be a PGM, either a Hellfire (Laser or Millimeter wave radar) or a small JDAM (GPS and/or laser)

    http://theamericanaudacity.blogspot.com/2011/03/canadas-six-cf-18-hornets-deployed-to.html
    http://www.washingtonpost.com/world/nato-runs-short-on-some-munitions-in-libya/2011/04/15/AF3O7ElD_story.html?hpid=z1
    http://jha.ac/articles/a110.htm
    http://en.wikipedia.org/wiki/Precision_guided_munition

  10. Clearly /,ers are confused by LynnwoodRooster · · Score: 5, Insightful

    This President is 100% - after all, he's won a Nobel Peace Prize, how can he be wrong about what is hostile and what is not?

    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  11. Re:Of Course Drone Attacks Are Hostile by guspasho · · Score: 5, Insightful

    "The "terrorists" (let's be specific, Al Qaeda) have killed way more than 3,000 innocents."

    Sure, they've killed many thousands of innocent Middle-eastern Muslims too, and a few hundred other Americans before and since, but it was the 9/11 dead, and only those 3000-ish, that motivated the US to war. But they've killed thousands, and the US has killed hundreds of thousands. It's orders of magnitude more.

    "your assertion that "we've killed something like 300,000" is an irresponsibly nonspecific charge."

    See the estimates for yourself. In Iraq alone the numbers are astonishing: http://en.wikipedia.org/wiki/Casualties_of_the_Iraq_War

    http://en.wikipedia.org/wiki/War_on_Terror#Casualties

    It's impossible to be more specific because the US has refused to bother counting the war dead beyond its own soldiers, which has left us with independent estimates that partisans then assail for also being partisan. It also doesn't help the US' credibility or good will among their victims' families that they don't bother track the number of dead.

    And yes, when it comes to aggressive wars, it is absolutely reasonable to blame the aggressor for all the war dead, even those killed by the enemy, because without the aggressive war none of those people would have died.

    "Moreover, it is silly to compare numbers that way when many (most?) of the deaths it seems you are saying we are responsible for are also the responsibility of those terrorists."

    Do you have an estimate? I can find none on Google. Every number I've ever heard has been in the thousands, not hundreds of thousands, not even tens of thousands.

    But the idea that you could possibly attribute most of the war dead in the US' wars to al Qaeda is utterly ridiculous. al Qaeda numbers in the few hundreds, that's an estimate the US DOD freely admits. While the US has hundreds of thousands of soldiers and spent hundreds of billions of dollars on its wars. The wars are asymmetrical, al Qaeda are few and very ill-equipped. It's just incomprehensible to imagine how they can possibly be responsible for anything even approaching the numbers killed by the US.

    The point I'm trying to make is that the US has responded to a terrorist act of death and destruction by indiscriminately raining down death and destruction a hundred or thousand-fold on innocent Iraqis, Afghanis, Pakistanis, Yemenis, and now - or soon - Libyans. It's far, far more death and destruction than can be attributed to al Qaeda on 9/11, or since, or even "the enemy" if you want to include "militants" or "insurgents" - which are basically people who want us to stop killing them and leave their countries. If the US is justified in that, what are those countries, and their allies, justified in doing to the US?

    If they bombed the US with drones would it be okay because it isn't "hostile"?

  12. Re:Of Course Drone Attacks Are Hostile by Fjandr · · Score: 5, Insightful

    I expect you're one of those that argue dropping bombs are Hiroshima and Nagasaki were terrorist acts over a military one.

    Even if you excuse the first bombing, the second has none. You don't save the lives of soldiers by deliberately killing hundreds of thousands of civilians if you wish to keep the moral high ground, and especially not twice in a row without even giving them the opportunity to surrender after the first.