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Administration Ordered To Divulge Legal Basis For Killing Americans With Drones
An anonymous reader writes "In a claim brought by The New York Times and the ACLU, the Second US Circuit Court of Appeals has ruled that the administration must disclose the legal basis for targeting Americans with drones. From the article: 'Government officials from Obama on down have publicly commented on the program, but they claimed the Office of Legal Counsel's memo outlining the legal rationale about it was a national security secret. The appeals court, however, said on Monday that officials' comments about overseas drone attacks means the government has waived its secrecy argument. "After senior Government officials have assured the public that targeted killings are 'lawful' and that OLC advice 'establishes the legal boundaries within which we can operate,'" the appeals court said, "waiver of secrecy and privilege as to the legal analysis in the Memorandum has occurred" (PDF).'"
Good it passed appeals; the administration will likely appeal the decision and this is the kind of thing the SCOTUS will take. Frankly it's about time some of the "war on terror" policies were seriously and heavily scrutinized for their legality.
History dictates that Obama will declare "executive privilege" or some other nonsense. He has already done this for himself and his AG; the latter currently in contempt of an ineffective Congress which is unlikely to do anything about it. With a Democratic Senate, there will be no impeachment.
These are the facts, and I commend all of you who could read them before down-moderation.
Gamingmuseum.com: Give your 3D accelerator a rest.
we have not followed the law of the land for some time. why start now?
more meaningless proclamations.
I wont hold my breath that he wont hide behind executive privilege or use bushes favorite "Turruiists!!!" but one thing I do know is that obama will find some way to avoid having to explain himself. Most transparent president in history and all....
have you seen my sig? there are many others like it but none that are the same
So let me get this straight, it's perfectly OK to kill people with drones as long as they're not American citizens?
I am -- and the court seemed -- appalled at the idea that "secret laws" can apply in a constitutional republic.
I doubt SCOTUS will touch this, as they tend to kick the can down the road on big issues like this, which, of course, will let it stand.
Since when is it permissible for any government to employ military force against its own (civilian) citizens? I'm pretty sure that armed (combat) drones are military technology.
You sure understand what it means to be living in a country that's supposed to be filled with free and brave people. You're an ally of democracy, due process, and individual liberties in general.
Just because some of these so called "Americans" had a US passport doesn't mean they can take up arms against their country without consequences. I'm glad we can just blow these fuckers to smithereens and save taxpayer money on these enemy combatants. They should know not to fuck with US and should scare their buddies from thinking they can do the same.
Yeah, fuck due process, fuck the constitution! The United States Constitution is un-American!
its easier to simply do something and say you're sorry later than to ask for permission or follow the rules. We've locked up japanese americans during the second world war for nothing more than being japanese. We've tortured and detained without trial in secret military prisons the nationals of other countries in which we've declared a war upon something so ephemeral as 'terror.' We shackled and enslaved thousands of africans throughout our history in direct defiance of the charter that all men are created equal. We exterminated more native americans than hitler killed jews, an entire race of natives, just because we could. We branded countless celebrities communist, forever obliterating both their good name and their gainful employment.
in short, this administration as every one before it will invoke the same rhetoric to assert the privilege of spying on, and murdering, american citizens. that to think otherwise is unpatriotic, that to question it at all is tantamount to unamericanism. "Because fuck you, thats why."
Good people go to bed earlier.
Nobody (including US) seems to obey that rule, however . . .
That doesn't mean that it will actually happen though.
File under 'M' for 'Manic ranting'
We're not really better, I guess. Just different.
Note that "convicted" doesn't mean "we know" - it means there was a trial of some sort, with rights preserved and arguments presented before sentence is carried out.
Bravo! USA is finally taking its well deserved place among countries like China and North Korea.
Really, that's your ad campaign? "USA: It's not as bad as China or North Korea?"
You're just the spiritual successor to Steve Rogers there, aintcha?
You do your beliefs ill service by rabidly posting invective. 'Speak' more calmly - less people may hear you, but more will listen.
What kind of rationalization is that? So as long as we're one step ahead of North Korea, it doesn't matter? Land of the not-quite-as-repressive-as-China? =\
The truth is somewhere in the middle.
... if you Democrats and you Republicans will, just this once, stop trying to frame this massive criminality as something that Those Awful Others are chiefly to blame for. On this matter - as in all matters of true importance to the Empire - the two wings of the Money Party are in complete, intimate, and profound agreement.
If I had to venture a guess, the Obama administration would say, "We did it because we can. Who's going to stop us?"
Go on, citizen, stamp the vote card. R or D, your choice.
I am confused on this issue. I'm not sure I even understand the question. Here is my thinking, so please comment:
Suppose the US was at war with Country X. Men with guns attacked a US military base in Country X. The US troops fire back, killing the forces of Country X. But aha! One of the enemy was actually a US citizen! So does that mean the US troops cannot shoot at that one person?
Suppose the US was at war with Country X. Country X had terrorists bombing buildings in Country X. The US send drones to shoot at the men who have been bombing buildings. But aha! One of the bombers was actually a US citizen! So does that mean the US troops cannot send drones to shoot at that one bomber?
I'm unclear why the citizenship of the person has anything to do with the military action used against them. I am also unclear why the method used to fire upon the person changes anything either. Would it make a difference if the person was a US citizen because they were born here but left 2 days after birth? What if they were a naturalized citizen who was a resident for more than 7 years?
Why is it okay to target non-US citizens with drones, but not US citizens? Why is it okay to shoot them, but not with drones?
It's turned into a bunch of paranoid libertarians trying to one up each other with how outraged they are.
What doesn't kill you only delays the inevitable
Note that if he were in the US, "preaching violence and providing religious indoctrination", he would be protected by the First Amendment, at least up to the point that an actual act of violence occurred.
At that point, I think they could get him for incitement, perhaps, but that crime doesn't carry a death penalty....
"I do not agree with what you say, but I will defend to the death your right to say it"
"Military (force|technology)" is an arbitrary distinction.
Military technology is an arbitrary distinction, yes. The OP used the phrase "military force".
Military force is when the military is used to apply force, and it is completely distinct from "military technology". A US Army PFC acting under his commander's order wielding an ax to stop someone looting a grocery store in the US is still a violation of posse comitatus even if the technology isn't "military" in nature, because it is still military force.
The saddest thing of this fiasco is that it applies only to Americans. (Un-)People of other nations are of no concern whatsoever. Obama can bomb the hell out of them and no one cares - at least in the US it not discussed at all. This looks pretty much like taken straight from nazi playbook. It emphasizes hipocrisy of all Americans proud of being "the greatest democracy in the world" (which it isn't).