On the assassination of American citizens by our government, by Greenwald of Salon

[Poll_Blind]

MODS: This appears to be longer than the regular 4 paragraph excerpt but the italicized 2nd, 3rd and 4th paragraphs (in all italics) are excerpts from Congressional testimony and I have not counted them toward that total.

From On the claimed "war exception" to the Constitution by Glenn Greenwald at Salon:

Last week, I wrote about a revelation buried in a Washington Post article by Dana Priest which described how the Obama administration has adopted the Bush policy of targeting selected American citizens for assassination if they are deemed (by the Executive Branch) to be Terrorists. 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.

More, quite a bit more (and very interesting stuff) at the link above.

PB

[Luminous Animal]

1. Greenwald followed up today...

The Government can literally just flash someone's face on the TV screen with the word Terrorist over it (as was done with al-Awlaki), and provided the face is nefarious and Muslim-looking enough (basically the same thing), nothing else need be offered.

That's enough for many people -- including many Democrats -- to march forward overnight and mindlessly proclaim that al-Awlaki is "a declared enemy of the United States working to kill Americans" (if you can stomach it, read some of these comments -- from Obama defenders at a liberal blog -- with several sounding exactly like Dick Cheney, screeching: "Of course al-Awlaki should be killed without charges; he's a Terrorist who is trying to kill Americans!!!"). Even now, beyond government assertions about his associations, the public knows virtually nothing about al-Awlaki other than the fact that he's a Muslim cleric with a Muslim name dressed in Muslim garb, sitting in a Bad Arab Country expressing anger towards the actions of the U.S. and Israel. But no matter. That's more than enough. They're willing not only to mindlessly embrace the Government's unproven accusation that their fellow citizen is a TERRORIST ("a declared enemy of the United States working to kill Americans"), but even beyond that, to cheer for his due-process-free execution like drunken fans at a football game. And the same people declare: no civilian trials are necessary for Terrorists (meaning: people accused by the Government of being Terrorists). Even more amazingly, the identities of the other Americans on the hit list aren't even known, but that's OK: they're Terrorists, because the Government said so.

http://www.salon.com/news/opinion/glenn_greenwald/index.html

[Poll_Blind]

2. See also THIS DU thread from today as well covering ACLU's response: (LINK)

Drones, Targeted Killings and the Fifth Amendment

PB

[Echo In Light]

3. Absolutely

[leftstreet]

4. I have a shocking idea - what if we had 3 branches of govt?

We could do this experimental thing where we had, like, 'checks and balances'

K&R

[Flaneur]

5. This is important. And mind-boggling.