MURDER, POLITICS, AND THE END OF THE JAZZ AGE
by Michael Wolraich
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MURDER, POLITICS, AND THE END OF THE JAZZ AGE by Michael Wolraich Order today at Barnes & Noble / Amazon / Books-A-Million / Bookshop |
By Ryan J. Reilly, TPM Muckraker, March 5, 2012
The Obama administration believes that executive branch reviews of evidence against suspected al-Qaeda leaders before they are targeted for killing meet the constitution’s “due process” requirement and that American citizenship alone doesn’t protect individuals from being killed, Attorney General Eric Holder said in a speech Monday.
“Due process and judicial process are not one and the same, particularly when it comes to national security,” Holder said. “The Constitution guarantees due process, not judicial process.”
Broadly outlining the guidelines the Obama administration has used to conduct lethal drone srtikes overseas, Holder said [.....]
For more see:
The following March 5 & 6 links from Ritika Singh @ Lawfare Blog, March 6:
Lots of coverage of Attorney General Eric Holder’s speech yesterday–Ben (Benjamin Wittes) discusses today’s Washington Post’s editorial here; Bobby (Robert Chesney) breaks down the speech’s key passages here; John (John Bellinger) digs in here; and Steve (Steve Vladeck) weighs in here. If that isn’t enough to satisfy your appetite, here is coverage from the New York Times, the Politico, the Post, the Los Angeles Times, and Wired magazine’s Danger Room.
And:
Jonathan Turley @ Foreignpolicy.com, March 6: Obama's Kill Doctrine.
Glenn Greenwald @ Salon.com, March 6: Attorney General Holder defends execution without charges.
Ezra Klein @ Wonkblog @ washingtonpost.com, March 6: Would Democrats have supported extrajudicial killings under Attorney General John Ashcroft?
David Cole @ New York Review of Books Blog, March 6: An Executive Power to Kill?
Robert Chesney @ Lawfare Blog, March 7: Klingler on Holder’s Speech: Does Due Process Require LOAC Compliance?
Comments
Is there a Powerpoint on all this somewhere? MEGO just thinking about reading all that even though I know I should and probably eventually will but for first I want to clarify what I think.
As basically the sheriff of the Federal government, the executive branch has killed American citizens extrajudicially since, well, forever. As with other homicides, sometimes the killings may be justified; sometimes not.
Since it was denied prior to killing, due process after the fact becomes much more important. The person(s) responsible for ordering and executing the killing must face an open, public trial for it. (In the case of a President and his administration, the trial probably should be deferred until after his/her term. No more Ken Starrs, please)
Killings like these can be forgiven but must never be given permission, must never be codified; they are too situational, too circumstantial. Yet, that is exactly what Holder et al are attempting to do. It reminds me of how Nazi bureaucrats were always portrayed in those post WW2 movies, always making sure that what they did no matter how heinous was perfectly legal.
As usual, media left has taken its stand on the wrong principle and on behalf of the wrong people. Anwar al-Awlaki and Samir Khan may have been American citizens (barely) but they chose to be the worst kind of outlaw - mass murderers, maybe just wannabes, but still. Not the most sympathetic defendants.
by EmmaZahn on Thu, 03/08/2012 - 10:21am
Emma,
Thank you for your comment and excuse me for not responding for so long; first I was too busy to post at all, then I really wasn't equipped to respond (I'm just not into the kind of conversation on this that's occurring on Cleveland's thread, for one thing, and I've not gotten to the stage where I can really express my own thoughts on it well, for another.)
So just some of my random thoughts---
I admit I didn't read everything I posted carefully either, some I skimmed, I just wanted to collate all the opinions I was running across where I could find them. I don't think much about a lot of liberal bloggers on it, they just seem to be such simplistic emotional, knee-jerk arguments, not willing to confront the Christopher Hitchens argument he posed in an essay before his death: that those who disagree have to say what they would do instead.
I found Robert Chesney's piece at Lawfare, Holder on Targeted Strikes: The Key Passages, with Commentary to be most helpful in going to back to, in that it goes over what Holder actually said. (Not some bloggers third hand interpretations or hyperbole about what all this means, but what he said.)
I'm glad I waited and didn't comment sooner. Because closest to what I personally think is pretty well said in the NYT editorial for this last Sunday's paper: The Power to Kill. They say it much better than I could, they've spent more time on it and they also have a FOIA request in on the Awlaki memo. I also think they've got the right perspective in the editorial that doesn't get into hyperbole and doesn't veer off into non-applicable thoughts. (And even they let things percolate quite a few days before they ventured an opinion on what he said.)
One thing I keep coming back to, one thing that really puzzles me, is that Obama really was a Constitutional Law Professor, no joke and no exaggeration. So this is not a case of Bush just okaying a Yoo memo without understanding it! And the guy has some experience in explaining this kind of stuff to a class of law students. So how come he can't come up with a few words now himself on the issue for the citizens of the country for which he now works? I think Bill Clinton would have found some words.
The Times' editorial board is correct in stressing for one thing the transparency issue. You don't have to talk about intel about those on a kill list to say something general about how this is being approached. Without them telling me more than Holder has now, I suspect that they just didn't feel it politically possible to set up the kind of review system they would have preferred, and needed to act without one because of politics. That's sad, that's chicken. But I am just guessing there, guessing because they won't be transparent.
Another thing that affects my own perspective on it is that I do follow the news of terrorism trials, and have since before 9/11. They're going on all the time. One good example, a recent one: AP here and Reuters here of a sort of Awlaki wannabe (and was in contact with Awlaki) handled in the courts under Obama's watch, an American citizen, arrested in Kosovo in 2009, just got sentenced to 27 years. I think the hyperbole of them giving up on the courts in the terrorism fight isn't true and takes one away from the real thorny issues here; the kill list is something created for exceptional cases in a situation of an unconventional war. The problem is that they are not being transparent enough about what those exceptions are (though Chesney's article does point out how Holder's speech did address that somewhat, with a list,) and haven't set up a proper system for review.
P.S. As for the kill list itself, I am a relativist, with opinions developed since my Vietnam war protesting days --along the lines of: why do countries always go to war to the effect of thousands and thousands of lives lost and other lives destroyed ,when a targeted assassination of a few might solve the problem? Does that have to do with that military industrial complex and the positive economic effects of war? Suffice it to say I am not as anti-drone as many here. I'm not the least interested in arguing about that, though.
by artappraiser on Tue, 03/13/2012 - 1:32am
I understand and appreciate how you collect links on important topics. I find them quite useful references and have even copied your technique from time to time. In no way did I intend any criticism.
Frankly, I was just overwhelmed by the intensity of the media and internets reaction to what Holder said. It did not help that the subject falls within Greenwald's area of expertise. I do dread reading him. Not really sure why, maybe something to do with my worsening AADD or his writing style. However, the left tends to fall in lockstep with him on anything constitution or law related and since I feel compelled to read first sources....
Having given the topic a little more thought, I remembered that both the military and police have existing guidelines for the use of deadly force. No doubt with the GWOT. these are undergoing considerable revision and expansion. That may be the best place to look for what transparency is available though you probably will not find a kill list, which reminds me, whose faces are in that terrorist card deck nowadays?
The more I think about this so many other questions come to mind. Quite a rabbit hole.
Thanks again for the links.
by EmmaZahn on Wed, 03/14/2012 - 3:56pm
I do dread reading him. Not really sure why, maybe something to do with my worsening AADD or his writing style
Oh I think he's very clearly a terrible writer, and I come up with that opinion judging it against all categories: traditional journalism, blogging , rant, op-ed, legal, or any other standards. My eyes usually glaze over before his first "update," much less his 23rd one. (Ok, perhaps in the "stream of consciouness" category, he might rate "not terrible.")
Edit to add: I did not take your comment as criticism in any way. I was feeling guilty for not responding.
by artappraiser on Wed, 03/14/2012 - 4:36pm
A couple of links to add to your list:
Adam Serwer |When the US Government Can Kill You, Explained | Mother Jones
Kevin Drum | Holder: Oversight is a Good Idea if You're Killing U.S. Citizens, But That Doesn't Mean We're Going to Allow Any | Mother Jones
by EmmaZahn on Thu, 03/08/2012 - 10:28am
ICYMI, Kevin Drum riffs on the transparency issue in another case.
Obama and Shaye: Will the White House Explain its Actions? | Mother Jones:
by EmmaZahn on Thu, 03/15/2012 - 1:50pm
Thanks, I think that's a decent job expressing some of the problems.
As much as I hate conspiracy theorizing, with this whole issue, it does help with this to try to see it from the administration's POV to have an imagination--
For one example, what is going on behind the scenes if the following is true?
With Arms for Yemen Rebels, Iran Seeks Wider Mideast Role, NYT, March 15, cavaet: according to an American official and a senior Indian official.
by artappraiser on Thu, 03/15/2012 - 2:33pm
I just ran across this "somewhat related" by accident: David Ignatius did his March 2 column basically praising the House Intelligence Committee as the only working bipartisan place in Congress, including oversight being much better than it was in the last Congress:
by artappraiser on Thu, 03/15/2012 - 3:27pm