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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.
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?
Well, in one case specifically the US was targeting a US Citizen who was overseas and supposedly involved in terror campaigns. He had no trial, even in absentia, which convicted him of the crime. The administration just decided it was okay to find him, launch a Hellfire missile at the vehicle he was in, and end the problem for good. It's entirely different if you find out ex post facto that one of the participants was a US citizen.
If there citizens are required to be afforded due process by constitution and can not be shown to receive such, it's forbidden. The actual question is how far they can/will go before there's enough push back to either make them decide to stop or face repercussions. All of this secrecy nonsense is simply meant to avoid some of the push back by implying there is legitimacy. So long as that strategy keeps working nothing is going to change.
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"
I think the basic problem is that we are not at war with country X.
I actually believe the basic bill of rights applies to the agents of government, not the people. i.e. it does not just protect these special people called "citizens", it restrains the government from certain actions, such as denial of due process of law, against any person. However, the general "rule of law" does not apply in a war zone. The problem is that we have become stupendously lax about exactly where the wars the US is currently fighting actually are. Are we at war with Pakistan? No, but we perform military strikes inside Pakistan without their consent. Are we a warlord or a modern country?
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).