Skip to main content

Not FYI - The basis for the decision to use a drone, even to kill someone

This from a president  - none other than good ol' Barrack, with an already appalling record under his belt - who claims to be a liberal.   And who is lawyer, and one-time law teacher, to boot!

"In a little noticed filing at week's end, the US government made its first legal response to a challenge made by civil liberties groups about the Obama administration's secretive "Kill List" program by urging a federal court to dismiss the case, arguing that the courts should not interfere with Obama's declared authority that he can kill US citizens without congressional, judicial, or public oversight.

The case surrounds the targeted killing of three US citizens in Yemen last year, including Anwar Al-Awlaki, his 16-year-old son Abdulrahman and Samir Khan.

The ACLU and the Center for Constitutional Rights, who helped bring the suit on behalf of family members of those killed, said in a joint statement that the essence of the government’s argument was "that it has the authority to kill Americans not only in secret, but also without ever having to justify its actions under the Constitution in any courtroom."

"To claim, as the administration [has now done], that the courts have no role at all to play in assessing whether the government's targeted killings of Americans are lawful – even after the fact – simply cannot be squared with the due process clause," they said.

In the motion to dismiss, Justice Department lawyers made the case that any demands for judicial review are superseded by what the government said are necessary actions in protecting national security. It further argued that the court's desire to explore alternatives to assassination (versus possible capture) was not in its "proper purview".

Not only did the Obama administration push to have the case dismissed, as Politico's Josh Gerstein reports, the government lawyers "also threatened to invoke the State Secrets Privilege if the suit is not dismissed on other grounds."

Comments

Popular posts from this blog

Robert Fisk's predictions for the Middle East in 2013

There is no gain-saying that Robert Fisk, fiercely independent and feisty to boot, is the veteran journalist and author covering the Middle East. Who doesn't he know or hasn't he met over the years in reporting from Beirut - where he lives?  In his latest op-ed piece for The Independent he lays out his predictions for the Middle East for 2013. Read the piece in full, here - well worthwhile - but an extract... "Never make predictions in the Middle East. My crystal ball broke long ago. But predicting the region has an honourable pedigree. “An Arab movement, newly-risen, is looming in the distance,” a French traveller to the Gulf and Baghdad wrote in 1883, “and a race hitherto downtrodden will presently claim its due place in the destinies of Islam.” A year earlier, a British diplomat in Jeddah confided that “it is within my knowledge... that the idea of freedom does at present agitate some minds even in Mecca...” So let’s say this for 2013: the “Arab Awakening” (the t...

Palestinian children in irons. UK to investigate

Not for the first time does MPS wonder what sort of country it is when Israel so flagrently allows what can only be described as barbaric and inhuman behaviour to be undertaken by, amongst others, its IDF. No one has seemingly challenged Israel's actions. However, perhaps it's gone a bridge too far - as The Independent reports. The Foreign Office revealed last night that it would be challenging the Israelis over their treatment of Palestinian children after a report by a delegation of senior British lawyers revealed unconscionable practices, such as hooding and the use of leg irons. In the first investigation of its kind, a team of nine senior legal figures examined how Palestinians as young as 12 were treated when arrested. Their shocking report Children in Military Custody details claims that youngsters are dragged from their beds in the middle of the night, have their wrists bound behind their backs, and are blindfolded and made to kneel or lie face down in military vehi...

Wow!.....some "visitor" to Ferryland in Newfoundland