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OpEdNews Op Eds    H1'ed 3/6/12

Attorney General Holder defends execution without charges

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In a speech at Northwestern University yesterday, Attorney General Eric Holder provided the most detailed explanation yet for why the Obama administration believes it has the authority to secretly target U.S. citizens for execution by the CIA without even charging them with a crime, notifying them of the accusations, or affording them an opportunity to respond, instead condemning them to death without a shred of transparency or judicial oversight. The administration continues to conceal the legal memorandum it obtained to justify these killings, and, as The New York Times" Charlie Savage noted, Holder's "speech contained no footnotes or specific legal citations, and it fell far short of the level of detail contained in the Office of Legal Counsel memo." But the crux of Holder's argument as set forth in yesterday's speech is this:

Some have argued that the president is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of Al Qaeda or associated forces. This is simply not accurate. "Due process" and "judicial process" are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.

When Obama officials (like Bush officials before them) refer to someone "who is a senior operational leader of Al Qaeda or associated forces," what they mean is this: someone the President has accused and then decreed in secret to be a Terrorist without ever proving it with evidence. The "process" used by the Obama administration to target Americans for execution-by-CIA is, as reported last October by Reuters, as follows:

American militants like Anwar al-Awlaki are placed on a kill or capture list by a secretive panel of senior government officials, which then informs the president of its decisions . . . There is no public record of the operations or decisions of the panel, which is a subset of the White House's National Security Council . . . Neither is there any law establishing its existence or setting out the rules by which it is supposed to operate.

As Leon Panetta recently confirmed, the President makes the ultimate decision as to whether the American will be killed: "[The] President of the United States obviously reviews these cases, reviews the legal justification, and in the end says, go or no go."

So that is the "process" which Eric Holder yesterday argued constitutes "due process" as required by the Fifth Amendment before the government can deprive of someone of their life: the President and his underlings are your accuser, your judge, your jury and your executioner all wrapped up in one, acting in total secrecy and without your even knowing that he's accused you and sentenced you to death, and you have no opportunity even to know about, let alone confront and address, his accusations; is that not enough due process for you? At Esquire, Charles Pierce, writing about Holder's speech, described this best: "a monumental pile of crap that should embarrass every Democrat who ever said an unkind word about John Yoo."

Read this entire critical article at Salon

 

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[Subscribe to Glenn Greenwald] Glenn Greenwald is a journalist,former constitutional lawyer, and author of four New York Times bestselling books on politics and law. His most recent book, "No Place to Hide," is about the U.S. surveillance state and his experiences reporting on the Snowden documents around the world. His forthcoming book, to be published in April, 2021, is about Brazilian history and current politics, with a focus on his experience in reporting a series of expose's in 2019 and 2020 which exposed high-level corruption by powerful officials in the government of President Jair Bolsonaro, which subsequently attempted to prosecute him for that reporting.

Foreign Policy magazine named Greenwald one of the top 100 Global Thinkers for 2013. He was the debut winner, along with "Democracy Now's" Amy Goodman, of the Park Center I.F. Stone Award for Independent Journalism in 2008, and also received the 2010 Online Journalism Award for his investigative work breaking the story of the abusive (more...)
 

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