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So, Eric Holder, We Should Just Trust that the President Won't Assassinate Us?
Attorney General Eric Holder was at Northwestern University law school Monday explaining President Barack Obama's claimed authority to kill any American if he unilaterally determines them to be a threat to the nation. The choice of a law school was a curious place for discussion of authoritarian powers. Obama has replaced the constitutional protections afforded to citizens with a "trust me" pledge that Holder repeated Monday at Northwestern.
Eric Holder: 'The unfortunate reality is that our nation will likely continue to face terrorist threats that at times originate with our own citizens.' Photograph: Jeff Haynes/Reuters
The good news is that Holder promised not to hunt citizens for sport. Holder proclaimed that:
"The president may use force abroad against a senior operational leader of a foreign terrorist organization with which the United States is at war – even if that individual happens to be a US citizen."
The use of the word "abroad" is interesting since senior administration officials have asserted that the president may kill an American anywhere and anytime, including in the United States. Holder's speech does not materially limit that claimed authority. He merely assures citizens that Obama will only kill those of us he finds abroad and a significant threat. Notably, Holder added, "Our legal authority is not limited to the battlefields in Afghanistan."
The Obama administration continues to stonewall efforts to get it to acknowledge the existence of a memo authorizing the killing of Anwar al-Awlaki. Democrats previously demanded the "torture memos" of the Bush administration that revealed both poor legal analysis by Judge Jay Bybee and Professor John Yoo to justify torture. Now, however, Democrats are largely silent in the face of a president claiming the right to unilaterally kill citizens.
Holder became particularly cryptic in his assurance of caution in the use of this power, insisting that they will kill citizens only with "the consent of the nation involved or after a determination that the nation is unable or unwilling to deal effectively with a threat to the United States." What on earth does that mean?
This is precisely why the framers of the US constitution rejected the "trust me" approach to government, as discussed in this column. Since last year, US drones have killed three Americans overseas.
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50 Comments so far
Show AllIt should be obvious to even dimwitted Americans that the real terrorists are in Washington and Tel Aviv.
Yes. toubibcal, its amazing Hillary doesn't choke on her rants against "them," when they so aptly and completely describe "us."
BTW, if you are publicly critical of US policies, better rethink your overseas vacation plans (or keep a sharp watch over your shoulder....)
About time CD published something related to Holder's bullshit, although this is pretty sparce. I highly suggest reading Glenn Greenwald's long, detailed refutation of the entire totalitarian exercise and those supporting it. There are some excellent comments that expand his essay, too. Also not seeing the light of day is any critique of legislation passed by congress criminalizing the types of protests OWS engages in, but not yet signed by Public Enemy #1.
I suggest the federal government is treasonous and must be cleansed.
Peter Dale Scott agrees:
http://real-agenda.com/2011/11/24/the-doomsday-project-continuity-of-government-plans-and-the-events-that-enabled-it/
Thanks for the link.
I look over the enumerated powers allowed the U.S. government by the Constitution, and I don't find this one. Government of laws. Yeah, right.
{"Holder became particularly cryptic in his assurance of caution in the use of this power, insisting that they will kill citizens only with "the consent of the nation involved or after a determination that the nation is unable or unwilling to deal effectively with a threat to the United States." What on earth does that mean?}
it means anyone, anywhere, anytime, by any means.
however - i do see a paradox, if the subject is a US citizen entitled to the due process of american jurisprudence - as articulated in the bill of rights. in this instance the government would be granting consent to itself. which begs the question, at this point , who (or what) is the government ? (if it can supersede the rules that predicated it's authority) and, why is congress exempt from any oversight of targeted assassinations ?
the indefinite detention clause and the clause authorizing assassinating opponents (defined ambiguiosly as terrorists) are unconstitutional, and hopefully will be jettisoned as soon as they're examined by a federal judge (fingers crossed).
also, this president is now a murderer (on multiple counts but in this instance i'm referring to the three murdered americans abroad - killed w/out a trial or due process).any future administration should prosecute this president for his authorization of these crimes.
otherwise, it's anyone, anywhere, anytime by any means for the indefinite future.
...peace...
Holder .....[insisted] that they will kill citizens only with "the consent of the nation involved..."
Does that mean Obomber will inform the nation hosting the "rogue" American, but not the American people? NTFU!
We are not officially AT war with Syria or the countless other nations that the US is bombing.
The US IS. The terrorist to the rest of the World.
If any other Nation was dropping bombs on us, or has SF or the CIA. In them like we do, they would be terrorists.
The US is not governed by laws. It is a rogue Nation and a security threat to the rest of the World that have resources the corporations want.
And I feel nothing for dead soldiers or those that come back with missing limbs.
Saw a picture of a guy who is literally a stump. He has half an arm. That is it. Well, a head and a torso.
But what about all the dead civilians that live on those lands?
We do not do body counts.
The leaders of the other countries are just as complicit, or they would have declared war on this murderous country.
Anyone that votes R or D also have blood on their hands.
As do we taxpayers.
But only the rich can get away with not paying them. Like Geitner, Daschle and most Kongress whores.
Whatever caused Barack Obama to become such a fear-biter? Was it the lynchings of black persons in the South? The cajolings of W. Bush when he and Barack met in private? Presidential assassination in the past if the person had anything the least bit idealistic about him? Insecurity at being the first black president? A combination of these factors? Are any of these questions bad or off the mark and how or why-- reader, please tell me.
Bottle,
Lynchings had no effect on Obama as he grew up as a white kid, with a white mom, and white grandparents. No, Obama learned to love killing from his own mom and step-dad.
Obama believes in killing as a instrument of policy. Remember, as a small child he lived with his CIA agent mother and his genocidal Indonesian step father, Colonel Lolo Soetoro, who returned to Indonesia in 1965 precisely to participate in the genocide in Indonesia from 1965-66, where at least 500,000 died and some estimates go as high as 2 million. Obama's step dad participated in this and it had to have permeated their home life.
Obama enjoys killing people, pure and simple. He learned it where most of us learn our moral values -- at home.
...his genocidal Indonesian step father, Colonel Lolo Soetoro, who returned to Indonesia in 1965 precisely to participate in the genocide in Indonesia from 1965-66...
There doesn't seem to be good evidence about what Soetoro was actually doing in that time period, though there are definitely interesting gaps in the story told to us by Obama.
Yes, Wary, we don't have good information. But we do know Soetoro was a colonel in the Indonesian army and the Indonesian army went on a rampage of mass slaughter that killed at least 500,000. I think guilty until proven innocent here.
Holder, "Our legal authority is not limited to the battlefields of Afghanistan". Laws in contravention to the constitution are null and void, so Mr Holder you have no legal authority unless you are willing to admit that the constitution is Null and Void. This government is traitorous to the constitution, is criminal in it's actions and intent, and is a puppet of the international corporate banking cartels that are instituting the Corporate State. But you dems don't care if they are baby killers, you're going to reelect Obama anyway. This country has lost far more that it's moral compass, we have lost our morality. This is way beyond hypocrisy. The US system and it's body politic are mentally ill.
But, it's really nothing new: The US government and its system were dysfunctional from day #1, and much of what's being done by Obama was done before albeit by different means/technologies. Fortunately, no one can escape death.
"Nothing new" about an open declaration by the President of the right to unilaterally assassinate a citizen, something that even King George III would not have attempted? What bloody nonsense. Please try to think before you write. Have you ever heard of the Magna Carta and habeus corpus? Nothing new there either, it had been an established principle of Anglo-American jurisprudence since the thirteenth century.
Are you ignorant or what? George III and those before and after him placed bounties on the lives of people to be paid when delivered dead or alive, as did the US legal system after becoming independent of George III. Then there's the whole history of interactions with the Native Peoples and Black and White Slaves, followed by relations with other Nationals, such as Mexicans, Filipinos and Hawaiians, for example. And there's even more. I do think prior to typing; you should do the same.
post deleted
Karlof, I'm with Tony on this one. To say it's ALWAYS been this way glosses over the decades when law did work, and when the American experiment began to spread more "goodies" around to more persons. Is it perfect? Hardly. But I think The Founders got a lot right given the era they lived in, and its consciousness. Plus the laws held and largely did protect human rights... granted, as some have pointed out in this forum, the rights were slow to extend to Black citizens, women, the Indigenous, etc. However, the thing to remember is, there WAS law! Now it's being bypassed, erased, stomped upon, etc.
What concerns me about NDAA is that right now everyone ties it to Obama, and while most on C.D. know him for a cold-hearted Commander-in-chief, willing to do war at his casual bidding, imagine if by some fluke a maniac like Rick Santorum got into the Oval Office? This guy could set up faith-based initiatives that literally slaughtered those who refused to profess to be True Believers. The clock has been turned back, and what many of us thought was part of a former phase of existence based on primitive practices still burns in the hearts of those who remain spiritually retarded.
A law like this in the hands of an autocratic authoritarian religious whacko could mean people are burned for heresy all over again. What would such a one stop at when there are no laws in place to curb the savage, unchecked beast?
Besides the fact that laws worked back in King George's time (John Wilkes, a member of parliament and publisher actually sued George and won, and then published a pornographic screed denouncing George), the people in America had very high wages.
Despite the fact that the population doubled every 20 years, they had so much land available to them that people didn't stick with jobs long and employers had to pay high wages to get workers.
Contrast that with today when we have massive unemployment and millions working at minimum wage.
To get a pretty good picture of the religious dystopia Siouxrose mentions, read Robert Heinlien's "Revolt in 2100."
We are getting closer and closer.
Also to those who continually repeat that the US is evil, has always been evil, remember that that Constitution and Bill of Rights that the Founders worked so hard to get ratified was used to broaden freedom through amendments with a process laid out in said Constitution.
The illegal, unconstitutional, misnamed, Patriot Act and its many descendants abrogate the Constitution. The only way those acts would be legal would be if an amendment were put forth to voluntarily give up all of our rights and freedoms to the government and it was ratified by We the People.
The Constitution cannot be changed by legislative or executive fiat, but only by the amendment procedure.
Therefore, the entire US Government is illegal and should be replaced as it has abrogated its SWORN responsibility to "Protect and Defend the Constitution from all enemies, foreign and DOMESTIC," which it has NOT done!
Dear Souixrose, Truly, the NDAA and the Patriot Act that have suspended our Constitution and habeus corpus are ominous for the future of our nation. However, that there was no discernable public outrage when our president unaccountably and unilaterally ordered the execution of an American citizen, a breathtaking, astoundingly treasonous crime, I can say without reservation that I am ashamed to be an American citizen. What could be more fascistic than this? Land of the free and the home of the brave, indeed! It is utterly amazing how low this nation has sunk and I am not referring only to the government.
Tony Vodvarka
Tony: You probably know that I believe violence is conditioned INTO a people. Watching TV display "reality" shows where unfortunate people in low-income areas become televised as COPS break down their doors, is part of that process. Young girls allowing cameras to be planted in their bedrooms so that middle-aged, bored men who would never be allowed to date these co-eds, instead get an intimate view of their lives on a "subscription" basis, is another place where the walls of decency break down. The worst of these is the collateral loss of life that's not even "counted."
It's the psychological parallel to the frog being SLOWLY brought to a boil; and shows itself in the ways that respect for life is everywhere being dismantled (when not dismembered).
Minitrue: Thank you for the post. I'm not saying a Santorum (welcome to the Sanitarium) presidency is inevitable, but sooner or later a right wing maniac WILL take the throne and then, what will such a one DO with these new powers The State has (extra-legally) seized for itself? That Christian men are looking for ways to criminalize what women do with their own bodies/reproductive destinies is a harbinger.
"one has not observed life very closely, if he has not seen the Hand that kills quietly". I shall not forget the evening Mr. Obama strode down that red carpet and proclaimed the death of Osama bin Laden, there was no mistaking that a human life had been taken by choice for political gain. The ability to kill is an unwritten requirement of the US Presidency. The blood is on the hands of the Electorate. President Clinton, in his initial campaign came off the campaign trail and back to Arkansas to preside over the execution of an African American whose conviction was questionable. The execution served Mr. Clinton's political interests at the time.
Nobody ever said LIfe was fair. To Mr. Obama's adversaries, beware the smile when the eyes don't let you in. Man has the power to end Life, it seems we want to exercise this power more and more throughout the whole spectrum of existence. "Le bon Temps Roule".
Although many derided Bush Jr. for his "mission accomplished" display on the aircraft carrier, Obama's disgusting staging of a meeting of himself and many top officials that pretended to be "participating" in the presumed murder of Osama bin Laden was a new low in ignorant presidential posturing and a nadir of foul black propaganda. One could say, "shame on him" but this narcissistic empty suit knows no shame.
Tony Vodvarka
Anyone who votes for the treasonous Obama administration is putting a seal of approval on our disasterous plunge into fascism. Vote for a third party this November; it is an effective "none of the above". It doesn't matter which sock puppet swine goes into the degraded executive office. Don't go along with our march toward FASCISM. There is no other word to describe what our nation tragically has become.
Tony Vodvarka
I've got a bridge to sell you, abvodvarka@yahoo.com! I voted Green in our State Presidential Primary election today...for Jill Stein.
I'm afraid I don't understand your point.
"Eric Holder: 'The unfortunate reality is that our nation will likely continue to face terrorist threats that at times originate with our own citizens.' "
What a Goober! As if we don't already know this; furthermore, those of us with a functioning brain aren't ready to throw away our freedoms because a small percentage of U.S. Citizens aren't playing with a full deck! In fact, every continent and country has a certain percentage of unpredictable lunatics. Deal with it - in a way that encourages other nations to follow the "so-called" democracy we are supposed to be spreading around the globe.
Those of us who grew up during the cold war and were taught to hide under our desks at school if we should be "nuked" by the Soviet Union (like that was going to save us) are not particularly concerned about terrorist threats that "might" orginate with our own citizens, unless of course some fear their own shadow in the face of propaganda and outright BS and stupidity.
I wonder if our brilliant Attorney General can tell us why the government spends $Billions of our tax dollars every year on Intelligence Agencies if they're incapable of looking for and stopping these alleged threats in a civilized manner? WTF are they doing with their time and our money?
Thank you, Jonathan Turley, for speaking out about this insanity!
Re: "The unfortunate reality is that our nation will likely continue to face terrorist threats that at times originate with our own citizens."
__________________________
I presume that this is a truncated version of Holder's full comment:
"The unfortunate reality is that our nation will likely continue to face terrorist threats that at times originate with our own citizens-- and I'm one of them."
We'll be stuck with Obama or a Republican fascist next "election". Is there a plan out there or are we going to continue playing the oligarchy's electoral game after the election?
Direct democracy
So all our Assassins-In-Chief will retire on bets they make with life insurance companies?
Thanks to the editors of CD for running this article, and even more thanks to them for the many stories that they run about the use of drones against *non*-U.S. citizen "terrorists".
It's easy to be concerned about the ever-so-remote possibility that you, as a U.S. citizen, might be assassinated via drone strike. And by saying it's ever-so-remote, I'm not implying that we shouldn't be outraged: we should. But it's harder, or at least it takes a modicum of objectivity and selflessness, to make oneself empathize with the much-greater odds that a person living in Northwest Pakistan has of being killed in an "accidental" drone strike. No matter how much Obama throws out the rule of law with regard to American citizens, no U.S. citizen is likely to ever have their house blown up by a drone while they and their children are in their beds. No U.S. citizen is likely to have their wedding bombed from on high and most of their friends and family killed in one fell swoop. Afghans and some Pakistanis, Somalis, and Yemenis do face exactly that threat, and it's not just a threat: it has happened and will keep happening. The MSM get much more outraged about U.S. citizens being theoretically threatened by drone strikes, than over the brown people facing a real and actual threat of death, every single day, from American drones. And to top it off, we burn their holy books in their own country, then men running for the highest office in the country publicly say that it is wrong to apologize.
Anyway, thank you CD for being a place where some sanity and sense of perspective prevails.
Jimmy: I appreciate (and honor) the empathy your post shows for those on the unfortunate, deadly receiving end of U.S drones. However, just as computers originated in our country and spread throughout the world, it's my understanding that drone technology is also spreading. Shit happens. If 911 could occur, then what's to say drones from a foreign land couldn't pierce US air space and do unto others what's been done unto them? Although I think 911 was an Inside Job, the premise still holds as the Air Command apparently had no defense for such a set of unexpected anomalies. The surprise element is always classic, especially in any form of asymmetric warfare. Those who think Out of the Box don't require expensive weaponry. Following the case in martial arts, they instead deftly use their opponent's resources (or energy) against him.
Jimmy, Many US citizens have had their homes bombed from the air by the US government. But they all have been black so our history books leave it out.
In 1921, the police bombed and destroyed the prosperous black neighborhood in Tulsa, Oklahoma. This link has a long story about this incredible (and buried) piece of American history:
http://www.tulsareparations.org/TulsaRiot.htm
More recently, in 1975, the Philadelphia cops bombed the headquarters of MOVE, a black radical group, killing 6 adults and 5 kids.
http://www.democracynow.org/2010/5/13/25_years_ago_philadelphia_police_bombs
Great point - thank you for the reminder.
I don't know what the fuss is about--just be a good slave, turn a blind eye to government atrocities, keep your opinions to yourself, and you'll only have to worry about being collateral damage--and probably not the actual target, unless someone with a name similar to yours is questioning authority, so you might want to change your name--or would changing your name make you a terrorist suspect? OK, just go to your safe room, pull the covers up around you and never come out--you'll be relatively safe. The America you once thought you knew is gone now, so you won't be missing anything.
According to Eric Holder, the Constitution guarantees "due process" but not judicial process. So the assassin Obama gathers around him his "national security advisors": they look at the "evidence," and arrive at the conclusion that a "terrorist" American in god-knows-where needs to be "taken out" by drone. This terrorist American has had his "due process," so it's perfectly legitimate to go after him. And they expect us to accept this reasoning...Amazing!
I think we all know that this is just the thin end of the wedge. Once this is no longer controversial, extra-judiciary executions of citizens withing the USA will gradually become common place, and the reasons offered for doing so in each instance will become boilerplate. It wont, eventually require the president to sign something, people will be delegated to sign on behalf of the president.
Exactly! Note that a few days ago a ten year old child was charged with a terror crime because he brought a BB gun to school.
In case you haven't noticed, most of our horrors are first tested by trial balloons. When people get used to them, the ante and the pressure is raised just a little.
As an example, look at airport "security." If you wanted to fly to see your grandparents on their anniversary back in the '90s and had your toiletry kit and nail file confiscated, you were strip searched and raped by a blue glove before you could fly, or perhaps told after all that that you were on a "no-fly list," this country would have come apart.
However, first you were apologetically asked to have your baggage x-rayed, and you had to put your pocket contents on a tray and step through a metal detector.
That was a nuisance, but you put up with it. Then they upped the ante a little bit and it became harder and more inconvenient to bring your carry-on.
Then, you had to be subject to a random search, then forced to disrobe, then submit to rape with a blue glove to be allowed to fly. Each time, the people got used to it, accepted it as something necessary. Then came the full body scans and x-rays. If you refused the scan, you got the search and glove treatment and perhaps got thrown out of the airport and missed your flight.
They keep raising the ante, not only at the airport, but in our lives. More surveillance, more harassment, more restrictions, AND WE KEEP PUTTING UP WITH IT!!!
Now, we are looking at a state which tells us it has the right to kill us at will, to pick us up, throw us into a KBR concentration camp without trial and keep us for life! Are the ovens that far away?
And We the Sheeple keep on pretending that, if we put in the right Dumbocrat or Repugnant into office, everything will be OK.
THE SYSTEM IS BROKEN! And I don't know if it can be fixed, but I fear that millions will die before it is. Millions are already dying, both here and abroad. Homeless, hungry, sick, and badgered from pillar to post by the minions of the 0.1% that have it all and even begrudge us crusts and a glass of water without paying for it. And now they can "Legally" lock us up or kill us at will!
I'm glad I'm in my seventies. I have seen this nation as a Constitutional Republic, I have seen this nation when the people had their dignity, and pride in their Constitution. It has never been perfect, but that Constitution put it well ahead of whatever was in second place.
Now, I live in a country ravaged by greed and hatred, where the average young person has no idea what the Constitution is, or what it stands for; they have NO IDEA OF WHAT THEY HAVE LOST! Where the law is a joke and the prisons are filled. Where the citizens have been turned into subjects of a cruel and vindictive empire.
Sorry for the rant, but dammit, America, PAY ATTENTION to what is happening to you!!!!
Exactly!
Keep on telling the Truth, Mini-true, for having seen the nuclear tests in the Pacific, you know what of you speak, and being a living Witness to so much, you are a voice that deserves being listened to. There are many, including some in this forum, who seek to paint the articulation of such Truths as being unnecessary alarmist rhetoric, and/or hysterical. It's tough to believe persons in this forum can be so blind given the daily content exposed on C.D. Therefore their attempts at obfuscation suggest something else, entirely, like protecting The Masters they serve.
In times of economic difficulty, even those who prefer to be honest might take pay for spying on their neighbors. This would hardly be the first time history would evidence such a trend, especially when The Wall Street Journal recently boasted about this very indecency as a job offer! The society that distills everything down to pragmatics, i.e. its fiscal costs, is one that no longer has the sensibility to understand or appreciate things of true value.
Truth!
jrp, above, writes: "According to Eric Holder, the Constitution guarantees "due process" but not judicial process." Although this phrasing is not in the article here, I have seen it elsewhere. Legal justifications for extra-judicial killing and torture tend to get "tortuous." The Bybee/Yoo torture memos---and much of the writing about them---are studies in turgid screed going back to a primitive scholasticism of the sort that might ask whether ant hills would be bigger if a god existed than if not.
One wonders what the "signing statements" accompanying a formal Kill Order might look like (if they exist). "Winston is questioning the authority of the state and besides his skills are not what they used to be, although he is too influential in certain coffee shops."
I tend to agree with braithwa842 above ("Once this is no longer controversial, extra-judiciary executions of citizens withing the USA will gradually become common place, and the reasons offered for doing so in each instance will become boilerplate."), but I also sense that the targets will be offering new forms of resistance.
What we have now, or so Prof. Turley would seem to implying, is the Abrogation of any requirement for Constitutional authority by the Executive. This is a form of anarchy (not Anarchism). The Rule of Law based on foundational documents, that once formed "a more perfect union," IS NOT EVEN GIVEN A DAY IN COURT. The President and his Minion have Decided that extra-judicial assassinations are okay, period. This of course lets the Congress off the hook, as they don't have to tackle a Bill entitled something like: "A Bill authorizing the President of the United States to Cause the Assassination of any one he pleases." Instead, they just let it happen.
This is structural Devolution, away from any rule of law. If I were in the military, I would be worried. It all lately has a Dr. Strangelove quality to it. Sen. John McCain as Presidential candidate, on stage, "Bomb, bomb, bomb Iran." Very funny.
People will ultimately be called upon to take Responsibility. If not, the situation is hopeless. -30-
And there are American citizens who want to keep these assholes in office or elect their even more evil twins! Two words: Fucking Morons!
NO!
It's three words:
Propaganda: Media Programming/ 24-7
What's PUMA for "I told you so"? ;)
The Founding Fathers were white businessmen and slave owners who didn't give a shit about rights for anyone but the ruling class. That's why the Bill of Rights are amendments tacked on afterwards to get support from the non ruling class. Like, ooops, we forgot about this rights stuff. Here. happy?
Here's a prediction: Roseanne makes enough noise to deny enough votes in the electoral college to the D & R nominees, so the appointment of the prez goes to the outgoing republican house. The constitution working as the framers intended.