Thursday, February 4, 2010

Assassination Character

Double G has a must read today on our not-so-secret program to target and kill U.S. citizens in Afghanistan fighting as terrorists if determined to be so by the President.
As The Washington Times' Eli Lake reports, Adm. Dennis Blair was asked about this program at a Congressional hearing yesterday and he acknowledged its existence:
The U.S. intelligence community policy on killing American citizens who have joined al Qaeda requires first obtaining high-level government approval, a senior official disclosed to Congress on Wednesday.
Director of National Intelligence Dennis C. Blair said in each case a decision to use lethal force against a U.S. citizen must get special permission. . . .
He also said there are criteria that must be met to authorize the killing of a U.S. citizen that include "whether that American is involved in a group that is trying to attack us, whether that American is a threat to other Americans. Those are the factors involved."
Although Blair emphasized that it requires "special permission" before an American citizen can be placed on the assassination list, consider from whom that "permission" is obtained:  the President, or someone else under his authority within the Executive Branch.  There are no outside checks or limits at all on how these "factors" are weighed.  In last week's post, I wrote about all the reasons why it's so dangerous -- as well as both legally and Consitutionally dubious -- to allow the President to kill American citizens not on an active battlefield during combat, but while they are sleeping, sitting with their families in their home, walking on the street, etc.  That's basically giving the President the power to impose death sentences on his own citizens without any charges or trial.  Who could possibly support that?

But even if you're someone who does want the President to have the power to order American citizens killed without a trial by decreeing that they are Terrorists (and it's worth remembering that if you advocate that power, it's going to be vested in all Presidents, not just the ones who are as Nice, Good, Kind-Hearted and Trustworthy as Barack Obama), shouldn't there at least be some judicial approval required?  Do we really want the President to be able to make this decision unilaterally and without outside checks?  Remember when many Democrats were horrified (or at least when they purported to be) at the idea that Bush was merely eavesdropping on American citizens without judicial approval?  Shouldn't we be at least as concerned about the President's being able to assassinate Americans without judicial oversight?  That seems much more Draconian to me.
Agreed.  This is a mind-blower.  As bad as Dubya and Cheney were, they never said that they reserved the right to kill American citizens because the President says they are bad guys.  Not even John Yoo and Jay Bybee went that far.  This means that if he deems fit to do so, Barack Obama can end an American citizen's life for being a suspected terrorist.  No trial.  No evidence.  No check or balance on that.  Life or death on a suspicion.

I've had my problems with the way Obama has handled the Warren Terrah before, but this is legal insanity.  No President should have that power under any circumstances.  None.

Nevertheless, Greenwald writes an outstanding overview of the situation and what it means for a new low in the battle of America's civil liberties.  Please read the whole thing, if just to educate yourself on the full scope of what this means.  We have now authorized the President to be able to take a person's life on a suspicion.

My God.  We have become the abyss.

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