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Legal Experts Slam 'Targeted Killings' of US Citizens
NEW YORK - Civil liberties advocates and legal authorities struck back Friday at what they describe as the "deliberate targeted killing of U.S. citizens far away from any active hostilities, as long as the executive branch determines unilaterally that they meet a secret definition of who the enemy is."
In an admission that took the intelligence community and its critics by surprise, Director of National Intelligence Dennis Blair acknowledged in a congressional hearing Wednesday that the U.S. may, with executive approval, deliberately target and kill U.S. citizens who are suspected of being involved in terrorism.
The American Civil Liberties Union is among those expressing serious concern about the lack of public information about the policy and the potential for abuse of unchecked executive power.
Attorney George Brent Mickum, who has defended a number of Guantanamo Bay detainees, told IPS, "I guess my sense is that it's just more fear mongering. They kill somebody and don't need to offer any justification."
"We have killed thousands of innocent civilians while attempting to target alleged operatives. And let us not forget how frequently our intelligence has been wrong about alleged operatives," Mickum noted.
He added, "My clients Bisher al Rawi, Jamil el-Banna, Martin Mubanga, abu Zubaydah, and Shaker Aamer all are alleged to have been operatives based on intel. In every case that intel was incorrect. I don't have any expectation that our intel with respect to alleged American operatives is likely to be any better."
Another constitutional scholar, Professor Francis A. Boyle of the University of Illinois Law School, told IPS that "this extrajudicial execution of human beings" violates both international human rights law and the fifth amendment of the U.S. constitution.
"The U.S. government has now established a 'death list' for U.S. citizens abroad akin to those established by Latin American dictatorships during their so-called dirty wars," he said.
The human rights advocacy community was equally forceful in its pushback. Daphne Eviatar, an attorney with Human Rights First, told IPS, "The short answer is that combatants can be targeted and civilians cannot under international law. Their citizenship isn't relevant. But just being a 'suspected terrorist' doesn't necessarily mean they're a combatant."
She added, "The key question, and where there may be serious disagreement, is whether the person targeted is 'directly participating in hostilities'. If not, and they're targeted, it's a war crime."
Chip Pitts, president of the Bill of Rights Defence Committee, told IPS, "As with its embrace of the [George W.] Bush approach to indefinite detention, the Obama administration's even greater reliance on targeted extra-judicial killing - including of U.S. citizens - is a tragic legal, moral, and practical mistake."
"Even for those who accept the legitimacy of the death penalty, this further undermines the rule of law that is our best weapon in the fight against true terrorists, while completely subverting due process and constitutional rights of U.S. citizens," he said.
Ben Wizner, staff attorney with the ACLU National Security Project, said, "It is alarming to hear that the Obama administration is asserting that the president can authorise the assassination of Americans abroad, even if they are far from any battlefield and may have never taken up arms against the U.S., but have only been deemed to constitute an unspecified 'threat.'"
Testifying before the House of Representatives Intelligence Committee, Blair said, "We take direct action against terrorists in the intelligence community."
He said U.S. counterterrorism officials may try to kill U.S. citizens embroiled in extremist groups overseas with "specific permission" from higher up.
In response to questions from the panel's top Republican, Rep. Pete Hoekstra of Michigan, Blair said, if "we think that direct action will involve killing an American, we get specific permission to do that."
Blair's remarks followed a Washington Post article reporting that U.S. President Barack Obama had embraced his predecessor's policy of authorising the killing of U.S. citizens involved in terrorist activities overseas.
The Post reported that "After the Sep. 11, 2001, attacks, Bush gave the CIA, and later the military, authority to kill U.S. citizens abroad if strong evidence existed that an American was involved in organizing or carrying out terrorist actions against the United States or U.S. interests, military and intelligence officials said. The evidence has to meet a certain, defined threshold. The person, for example, has to pose 'a continuing and imminent threat' to U.S. persons and interests."
The Obama administration appears to have adopted exactly the same policy as its predecessor.
The Post, citing anonymous U.S. officials, said the Central Intelligence Agency (CIA) and Joint Special Operations Command have three U.S. citizens on their lists of specific people targeted for killing or capture.
Blair said he was offering such unusually detailed information in public because "I just don't want other Americans who are watching to think that we are careless."
Blair didn't specifically articulate the standards he used, saying only that "We don't target people for free speech. We target them for taking action that threatens Americans."
Hoekstra cited an incident in 2001 in which Peru's air force shot down a plane carrying U.S. missionaries, killing a woman and her seven-month-old daughter, after the aircraft was misidentified as a drug-smuggler.
"We were careless and we were reckless," Blair replied. "I want to make sure that this committee does everything that it can and within its power that it does not allow the community to be reckless and careless again."
The Washington Post story, by Pulitzer Prize-winner Dana Priest, revealed that, "In November 2002, a CIA missile strike killed six al Qaeda operatives driving through the desert. The target was Abu Ali al-Harithi, organiser of the 2000 attack on the USS Cole. Killed with him was a U.S. citizen, Kamal Derwish, who the CIA knew was in the car."
The article says, "Word that the CIA had purposefully killed Derwish drew attention to the unconventional nature of the new conflict and to the secret legal deliberations over whether killing a U.S. citizen was legal and ethical."
111 Comments so far
Show All"The U.S. may, with executive approval, deliberately target and kill U.S. citizens who are suspected of being involved in terrorism."
innocent until proven suspect.
someone shold remind 0 that it's the law he is supposed to execute.
Law? what law? he IS the law! whatever the man says goes... slowly but surely those up top "earned" the right to do as they please and anything/anyone else be damned.
Voicing our opinions is not yet terrorism but who knows it might be someday, doesnt seems so farfetched now does it?.
"We have met the enemy and they are us" - Pogo, 1970.
At the time of the birth of this nation King George had less powers over his subjects then the last two presidents. We fought sometimes in stocking feet to gain our freedom from King George but have allowed our last president and now this one to be judge, jury and executioner.
Excuse me. Actually, an executioner puts someone to death after they have been judged. The executioner then has the legal right to kill his prisoner. So Bush and Obama were not and are not judge, jury and executioner but just murderers as no legal steps have been taken.
It's funny that 200 years ago people struggling to survive in the pre-industrial age found the courage to throw off the bonds that oppressed them yet we today must be to drunk, drugged, or obsessed only occasionally looking up from our navels to exclaim WTF, and returning to the search for more lint.
'..."The U.S. government has now established a 'death list' for U.S. citizens abroad akin to those established by Latin American dictatorships during their so-called dirty wars," he said.'
Isn't that lovely. Does anybody still believe that we live in a democratic society that abides by the rule of law?
I am no legal scholar, however didn't the Magna Carta of 1215 guarantee habeas corpus and due process? Does Emperor Obama have more arbitrary power than the Kings of old?
Cicero: "Freedom is participation in power."
If Obama gets re-elected it's going to be because the DLC uses the same tactics the GOP did in 2000.
I think everyone should start writing all the members of the Black and Progressive Caucuses of the Democratic Party and tell them, "OK, when Obama publicly acknowledges his defeat in 2012 I think you and every other member of the Black and Progressive Caucuses should designate a spokesperson to deliver an immediate follow-up speech for why you are all collectively leaving the failed Democratic Party and going to form a nucleus of a new, Progressive Unity Party to unite America's authentic progressives and alienated Democrats for the sake of restoring our Constitution and re-building a real economy that lifts all boats.
Admirable and legally right-on as these civil liberties experts might be, the President has the force of public opinion at his back, as the majority of Americans tell public opinion pollers that they are willing to condone extra-legal actions against suspected "terrorists" if their President deems them a threat to national security. Say what you will for the incompetence of the Obama administration; these men and women have achieved results beyond those in the predecessor administration in frightening the people into a willingness to abandon principles of civil liberty in exchange for their "security."
At the bottom line, we seem to have a "fair weather" Constitution which will only be observed when our convenience dictates it. This country needs a massive re-education of its people in the civics of democracy, far more even than it needs expanded math and science education, as people can be well "educated" in these areas and civic idiots at the same time.
Public opinion be damned on constitutional matters. The more important consideration is: Does the president of the United States have the right to order assassinations of Americans without judicial sanction? The answer, of course is 'no.'
drosera: You and I can "damn public opinion" until we're blue in our respective faces, but that opinion will be a huge driver of the behavior of our elected officials until a constitutional conscience becomes part of the education every American citizen.
Yeah, when DID they stop teaching civics in American schools anyway?
Gary
“When the President does it, that means that it's not illegal.”
-- Richard M. Nixon
They still do teach Civics, but it is taught the way it always has been: a dry presentation of facts, dates, and names, divorced from issues that affect people's lives. Besides, one lame high school course doesn't do the job. The constitutional basis of our country should be taught from fourth grade on and should touch other subjects besides history. It hasn't been taught that way and won't be for a number of reasons--an outdated curriculum, unimaginative instructional methods, uninformed teachers, and a perception that the subject is not important since it is not tested on standardized, high-stakes tests.
Assassiations by order of the president of the United States upon American citizens. At first I thought my eyes were playing a dirty trick on me. Surely it couldn't be true?
But it was.
Stuff of spy movies. A License to Kill. Extreme Prejudice.
Flat out murder.
Of ALLEGED "terrorists" supposedly "actively involved" in actions against the United States -- as determined by a secret cabal at the CIA and then authorized by the President utilizing an illegal "power." Since when does the President have the power to order the death of ANY American citizen not convicted of treason? I guess since 9/11,
The date the terrorists _won_ the war to destroy America.
Gary
"Everybody's worried about stopping terrorism. Well, there's a really easy way: stop participating in it."
-- Noam Chomsky
"We have killed thousands of innocent civilians while attempting to target alleged operatives."
But they aren't U.S. citizens. So no "serious concern" about them and their dubious human rights.
It's no wonder that the so-called "terrorists" are gaining popular support almost as quickly as the U.S. is losing it worldwide. Looks like a contest with Israel to determine which nation can make their country and its people the most hated on the planet. It will be a close race, but I have little doubt that the U.S. will ultimately prevail.
USA! USA! We're number one! We're number one!
Did you notice what is not in this article? Not one criticism of the "death list" by either any Republicans or any Democrat members of congress?
Once again, all you Democrat supporters...Isn't it time for a real opposition party...maybe a "radical" one whose members believe in "far out" stuff like ...the law?
Cicero: "Freedom is participation in power."
It's not just that the public has stupidly bought into the idea that the government & military can treat the "war on terror" as a terrorist rat hunt sans diplomacy or coherent rebuilding plans, but they don't even cogitate the fact that Muslim extremism is now (thanks to our messed up policies) a global cult of martyrdom and the more of their most famous leaders we kill the more eager a hundred or a thousand new young martyrs-in-waiting are to take their place. There are 1.3 Billion Muslims in the world. To significantly kill even a significant minority of them would take decades. Both the strategy and tactics of this "war" are entirely screwed from the git-go in terms of "winning" such a badly waged war because the real goal isn't to win it but to prolong it until global neo-liberal/neo-conservative capitalist fascism rules as much of the planet as possible under a new form of totalitarianism and things like the American middle-class and a free press are a distant memory.
The more I think about it the more I'm convinced that Obama is much worse than Bill Clinton. I don't think Clinton fully thought through the consequences of much that he was suckered into doing. Obama has seen the byproduct of Clinton's and Bush II's choices and has chosen to proceed with the worst of those failed choices as ongoing policy and damn the consequences. There will be a frozen lake in hell for Obysmal.
jlocke123: Not so surprising really that no member of Congress condemned the Blair testimony. It's hard to find more than one or two civil libertarians in Congress, for a pretty obvious reason. These men and women "represent" the views of their constituents and, as I noted in my 5:40 post above, dedication to Constitutional principles is equally hard to find in the population at large. I'm all for a true opposition party, but it may take a hell of a lot of effort to educate the people so that our "party" will be more than a few professors of law.
The Murdered and Maimed of the USS Liberty were deliberately targeted with the retroactive approval of the US Government. Rachael Corrie and Cynthia McKinney were deliberately targeted with tacit approval...
Waco.
"Ben Wizner, staff attorney with the ACLU National Security Project, said, ‘It is alarming to hear that the Obama administration is asserting that the president can authorize the assassination of Americans ABROAD, even if they are far from any battlefield and may have never taken up arms against the U.S., but have only been deemed to constitute an unspecified "threat."' . . .
"He [Blair] said U.S. counterterrorism officials may try to kill U.S. citizens embroiled in extremist groups OVERSEAS with ‘specific permission' from higher up. . . .
"The Post reported that "After the Sep. 11, 2001, attacks, Bush gave the CIA, and later the military, authority to kill U.S. citizens ABROAD . . ."
[My emphases]
Can anyone tell me what -- a law, executive order, promise, or remark? -- establishes that the president can authorize these assassinations? Second, does the law, executive order, promise, or remark establish that the assassinations can only occur "abroad"?
The actions of US presidents require no legal sanction in this world. They fall under the same holy writ as the divine right of kings.
Let us be very clear that we're discussing absolute monarchy here. Wishy washy constitutional monarchs (like George III of England, for example) need not apply for an office that combines the powers of head-of-state, head-of-government and commander-in-chief with those of judge, jury and executioner. Absolute monarchy, once established, knows no limits. If it can order executions entirely at its own discretion abroad, it can certainly do so at home.
The U.S. hasn't just lost the protections of its own written constitution. It has cast aside every historic and fundamental principle of law since habeas corpus and the presumption of innocence. Magna Carta? What's that?!
RV February 5th, 2010 7:06 pm -- It's not that important to your argument, but we're talking about assassinations, not executions. Executions are performed on people who are in custody, after some discernible finding of guilt.
I think an assassination ordered by Obama of an American citizen in the United States would arouse concern even of conservatives, if only because they would worry that Obama might assassinate right-wing extremists deemed by Obama to be a "threat to the nation."
Execution, assassination, or just plain murder would depend on the president-king's 'divine right' to judge and pass sentence prior to the actual killing. But I won't quibble.
As for citizen reaction, considering recent history, I wouldn't count on anything anymore. Once the presidency (it need not be the current president) is accorded that kind of power, its sole discretion and usage may intially be tempered by some concern for public sentiment, but I'm sure you'll recall the old saying about power and corruption.
"I think an assassination ordered by Obama of an American citizen in the United States would arouse concern even of conservatives, if only because they would worry that Obama might assassinate right-wing extremists deemed by Obama to be a "threat to the nation.""
But this is the problem. They would oppose it because of OBAMA, not because they are against the principle in general. They might use it as a stick to beat Obama, but once they are in power, they will continue the policy. Just like the Democrat supporters who opposed Bush, because it was Bush, it was a Republican; now that it is the Democrats in power, they are coming up with the same excuses that Bush supporters did.
I'm still waiting for an answer to my February 5th, 2010 6:38 pm question.
First: It is preferable that the USA kill its own citizens, rather that than anybody else. (Why the fuss now I do not know because it has been going on in the USA for many years. Waco, Texas is only one instance.)
Nevertheless
Second: Once the president does kill US citizens then he must admit to having declared war against his own countrymen, which means the civil war required in these amazing times is officially begun.
Finally: Now let the guns do the talking. Anybody can see this as one of the fundamental premises of the United States of America. Just keep it in the USA.
This Is NOT "community"; this Is COMPANY (CIA, corporations, et al). And We, the People are Human AND SOVEREIGN! Three's a crowd and two's a crime!! Scatter the COMPANY "communities" to the whirlwinds of their own destruction!!! US Citizens RULE.
Another notch in his gun for the Nobel Peace prize prez. How low can this country sink? Now we are at the same level as those other international assassins and war criminals--the Israelis.
Is this "how democracy works", too, Professor Obama?
it's not often that I "quake in my boots", but I see now it is time to get them on the ground, while I'm still able.
it's not often that I "quake in my boots", but I see now it is time to get them on the ground, while I'm still able.
Another example of the takeover of our government by organized crime.
RV
Spoken like a American patriot who loves his country and the constitution.
Remember the propaganda, " Freedom Isn't Free" " United We Stand" " If your not doing anything wrong, you have nothing to worry about " regarding warrant less surveillance.
In the mean time , patriot act, 72 fusion centers, 1 million stazi spys, and gang stalking torture freaks following and destroying innocent American citizens.
All under the full knowledge of the FBI and Department of justice, and being organized and run by Fire Fighters, EMS workers and community watch vigilante freaks who have all been told that they are not going to be held responsible for damages done to anyone.IMMUNITY!!!!!!!!
The sanctioned murders should not come as a surprise, 72 fusion centers , 1 million spys, at tax payer expense is just as great a story.
The federal government most of us studied in school no longer exists and really hasn't since the 1947 National Security Act when lawless unaccountibilty started rising exponentially. The creature created then has matured and is now the ugly monster we see. It has no relation whatsoever to the philosophies present in the USA's founding documents. Indeed, it's fair to say the federal government has seceded from the states that created it.
In order to live, the monster requires money--lots and lots of money. The quickest, easiest way to kill it is to starve it. To do that, we must lobby, protest, convince other countries--especially China--to stop buying US-federal government issued debt. If there are no means to finance the massive deficits that empower the killing machine, then the machine will no longer have the one vital thing it must have to function.
Over a year ago I proclaimed Obama Public Enemy #1. It's past time to include the rest of his administration as enemies of the people--Terrorists is quite appropriate.
Barak Obama: International Terrorist #1.
JoannafromCanada
Karlof,
This is the call to action that we need to organize around - put our money where our mouths are, so to speak.
We need to stop feeding the beast!
1. Stop shopping, especially for goods and services that come from overseas.
2. Support our local farmers, especially organic growers.
3. Refuse to give these thieves and butchers your money. PAY NO TAXES!!!
4. Support the youth of our communities. Refuse to let them go to war.
5. Invest in local businesses, especially those with green initiatives.
6. Challenge the lies and deceptions by speaking up.
7. Refuse to buy into the fear mongering. It's all made up!
I would only add:
8. Don't vote for any candidate that approved the Pentagon budget.
9. Register and vote third party.
10. Recycle, repair, and don't eat out.
Gary
“It's a lack of responsibility for taking care of things you should be taking care of.”
-- Heather Janik
What happens when someone starts to "frame" some of the leadership of the government?
What if the Right Wing wackos frame Obama as a covert Muslim/Kenyan?
What if some Left Wing wackos frame Chief Justice Roberts as a terrorist sympathizer?
This may get very interesting, very soon.
Is it really that surprising the the U.S is now extending it's assassination/murder program to include U.S. citizens?
Nothing has brought U.S. murder to light more than the drone attacks, which despite international law and the the hundreds of people who die as "collateral damage," are increasing under Obomba's command.
It's appalling that the U.S. can murder anyone with impunity, regardless of citizenship.
Who cares?
It is Super Bowl Sunday weekend. ):
And Oprah..................
I recently watched the film "The US vs John Lennon" and was struck by the mass protests that were everywhere in the US against the war in Vietnam. Young people everywhere were actively opposing the tyrany of the government and the stupidity of war.
Where have all these protesters gone? What has gone so very wrong with the young people today that so few even care what their government is doing to its own citizens and "enemy combatants" abroad? The situation today is far worse than it was back in the days of the Vietnam war. The constitution has been trashed, personal freedom is at an alltime low, arrest and detention without charges, trials or even legal representation are rampant.
What the hell is wrong with America today that it sits back and just lets these things happen?
JoannafromCanada
Drugs (courtesy of the CIA); pharmeceuticals; vaccines; booze; gentically modified, chemically laced, nutritionally exhausted, processed 'food'; TV; video games; flouride ...
May be too 'out there' for most to consider, but add to your list the HAARP induced mind control to induce the deep sleeeep.
I hate to say it, but they're playing video games, probably violent video games like Call of Duty: Modern Warfare 2.
Bob
Cicero: "Freedom is participation in power."
!) There is no military draft to light a fire under the asses of young people.
2) Chlorinated and other toxic chemicals in our air, water and food have degenerated our genome.
3) 30 years of constant proliferating right-wing indoctrination that permeates "news" and entertainment programming.
4) 30-plus years of a deteriorating dumbed-down public education system that does not teach young Americans to think critically for themselves but to unquestioningly obey authority.
5) America is the most depressive and over-medicated society on earth.
Indoctrination, McDonald's and dumbing down from movies and video games maybe?
Taras,
We have a dumbed down population and more people concerned with everyday survival.
Also, those who have much don't care.
Those who do care and protest, the MSM ignores them.
If the Obama administration whacks Anwar al-Alwaki, so be it. His other option is to surrender or be captured, be put on trial, convicted and hung. It's his choice.
If someone whacks a major Politician so be it .... etc. It's his choice.
Savy Pardner?
Beautiful irony. First scenerio: 1) Citizen writes a comment or starts a blog. One sentence says "This is the way to nail the war criminals..." 2) Citizen is put on "no fly" list with a million others, 3) agent sends Citizen free tickets to beholden country, say, Turkey, 4) Citizen put on "okay to fly to Turkey list.", 5) Citizen flies and dies in unsolved traffic accident, aborted burglary, etc. 6) Citizen flies home in body bag. Second scenerio: 1) Chief torture-advocate Dick Cheney gets all-expense tour of beholden country, say Turkestan, to dedicate new international oil pipeline, 2) Cheney arrives. (Ohmigod, what if there is an "accident" and an investigation! Think of the hubub and the pious references to the Holy Constitution.) Third scenario: 1) cranky deviant nation leader (Iran, Venezuela, North Korea?) opines that U.S.A. is a nation of murderers. 2) Drones give that crank a dose of white phosporous or baby nuke. Hey, you write your own scenario.
Ah for the good old days when we had to try to get the MOB to oft Castro. Now we push a button outside Los Vega.
Gary
“Assassination's the fastest way.”
-- Moliere (Jean-Baptiste Poquelin)