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Constitutional Expert: “President Obama … Says That He Can Kill You On His Own Discretion" Without Charge or Trial

George Washington's picture




 

OBAMA SAYS HE CAN ASSASSINATE OR INDEFINITELY DETAIN AMERICANS ON AMERICAN SOIL WITHOUT ANY DUE PROCESS OF LAW
 

I've previously noted that Obama says that he can assassinate American citizens living on U.S. soil.

This may sound over-the-top.

But nationally-recognized constitutional law expert Jonathan Turley (the second most cited law professor in the country, one of the top 10 lawyers handling military cases, who has served as a consultant on homeland security and constitutional issues and is a frequent witness before the House and Senate on constitutional and statutory issues, who ranked 38th in the top 100 most cited ‘public intellectuals’ in a recent study by a well-known judge) said yesterday on C-Span (starting at 15:50):

It's even worse than coming into your house. President Obama has just stated a policy that he can have any American citizen killed without any charge, without any review, except his own. If he's satisfied that you are a terrorist, he says that he can kill you anywhere in the world including in the United States.

 

Two of his aides just were just at a panel two weeks ago and they reaffirmed they believe that American citizens can be killed on the order of the President anywhere including the United States.

 

You've now got a president who says that he can kill you on his own discretion. He can jail you indefinitely on his own discretion

 

***

 

I don't think the the Framers ever anticipated that. They assumed that people would hold their liberties close, and that they wouldn't relax those fingers ...

 

THE GOVERNMENT HAS NEVER GIVEN A RATIONALE FOR ASSASSINATION
While one might assume that the government has given a valid justification for his claim that he can assassinate anyone anywhere, the Washington Post noted yesterday regarding assassination by drone:

In outlining its legal reasoning, the administration has cited broad congressional authorizations and presidential approvals, the international laws of war and the right to self-defense. But it has not offered the American public, uneasy allies or international authorities any specifics that would make it possible to judge how it is applying those laws.

 

***

 

“They’ve based it on the personal legitimacy of [President] Obama — the ‘trust me’ concept,” [American University law professor Kenneth Anderson] said. “That’s not a viable concept for a president going forward.”

 

***

 

Under domestic law, the administration considers [assassinations] to be covered by the Authorization for Use of Military Force that Congress passed days after the Sept. 11, 2001, attacks. In two key sentences that have no expiration date, the AUMF gives the president sole power to use “all necessary and appropriate force” against nations, groups or persons who committed or aided the attacks, and to prevent future attacks. [But the government just broadened the authorization for use of military force from those who attacked us on 9/11 to include the Taliban and the vague category of "associated forces".]

 

***

 

The authorization did not address targets’ nationality or set geographical boundaries, and there was “nothing about the permission of the government” of any country where a terrorist might be found, the former official said.

ALMOST ANY AMERICAN COULD BE ARBITRARILY LABELED A "TERRORIST"
 

As I've previously noted, this is especially concerning when almost any American could be labeled a "terrorist" if the government doesn't happen to like them:

It is dangerous in a climate where you can be labeled as or suspected of being a terrorist simply for questioning war, protesting anything, asking questions about pollution or about Wall Street shenanigans, supporting Ron Paul, being a libertarian, holding gold, or stocking up on more than 7 days of food. [And the FBI says that activists who investigate factory farms can be prosecuted as terrorists.] And see this.

 

And it is problematic in a period in which FBI agents and CIA intelligence officials, constitutional law expert professor Jonathan Turley, Time Magazine, Keith Olbermann and the Washington Post have all said that U.S. government officials “were trying to create an atmosphere of fear in which the American people would give them more power”, and even former Secretary of Homeland Security – Tom Ridge – admitst hat he was pressured to raise terror alerts to help Bush win reelection.

 

And it is counter-productive in an age when the government – instead of doing the things which could actually make us safer – are doing things which increase the risk of terrorism.

 

And it is insane in a time of perpetual war. See this, this, this and this.

 

And when the “War on Terror” in the Middle East and North Africa which is being used to justify the attack on Americans was planned long before 9/11.

 

And when Jimmy Carter’s National Security Adviser told the Senate in 2007 that the war on terror is “a mythical historical narrative”. And 9/11 was entirely foreseeable, but wasn’t stopped. Indeed, no one in Washington even wants to hear how 9/11 happened, even though that is necessary to stop future terrorist attacks. And the military has bombed a bunch of oil-rich countries when it could have instead taken out Bin Laden years ago.

 

***

 

And – given that U.S. soldiers admit that if they accidentally kill innocent Iraqis and Afghanis, they then “drop” automatic weapons near their body so they can pretend they were militants – it is unlikely that the government would ever admit that an American citizen it assassinated was an innocent civilian who has nothing at all to do with terrorism.

 

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Wed, 12/21/2011 - 03:26 | 2000250 Bulletsnbullion
Bulletsnbullion's picture

double post

Wed, 12/21/2011 - 03:25 | 2000249 Bulletsnbullion
Bulletsnbullion's picture

Time to get 'Mad as hell; America  I'm a human being god damn it!!

Wed, 12/21/2011 - 02:57 | 2000224 One World Mafia
One World Mafia's picture

Crib notes for why US citizens are NOT exempt: Section 1031 of the NDAA includes an amendment designed to fool people into thinking US citizens are exempt from indefinite detention without trial:
(e) Nothing in this section shall be construed to affect existing law or authorities, relating to the detention of United States citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States.

(a) IN GENERAL.—Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107–40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.

www.gpo.gov/fdsys/pkg/BILLS-112hr1540pp/pdf/BILLS-112hr1540pp.pdf

The existing law that allows military authority (Public Law 107-40 Authorization for Use of Military Force (cited above in the NDAA)):

"That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001..." 

www.gpo.gov/fdsys/pkg/PLAW-107publ40/html/PLAW-107publ40.htm

In the NDAA, they spell out what they ridiculously claim is "necessary and appropriate force," i.e. indefinite detainment without trial.

Wed, 12/21/2011 - 09:40 | 2000658 my puppy for prez
my puppy for prez's picture

There is also some wording about "belligerence against the US" or something like that.  The word "belligerence" definitely caught my eye, though...I was like, "What does THAT mean?"  Of course, it was a rhetorical question on my part...it can mean just about anything!

Toddlers beware....."fit throwing" can get you disappeared!

Wed, 12/21/2011 - 13:10 | 2001454 Uncle Remus
Uncle Remus's picture

The word "belligerence" definitely caught my eye, though...I was like, "What does THAT mean?"

 

You vill drink zee KoolAidt, und you vill enjoy drinking zee KoolAidt.

Wed, 12/21/2011 - 02:51 | 2000220 Advoc8tr
Wed, 12/21/2011 - 12:54 | 2001378 DosZap
DosZap's picture

Silences my ass, it was a Press realease.

I read YESTERDAY, in a separate study the DUTCH had developed a super bug, so dangerous that if it got out, ZOMBIE LAND WORLD.

NO survivors, WHY do you want to mess around with shit so bad, you cannot stop it?

Wed, 12/21/2011 - 10:57 | 2000882 Dr.Evil
Dr.Evil's picture

I guess this is how they want to fix Social Security. The old and the weak goes first!?

Wed, 12/21/2011 - 11:39 | 2001095 UnderDeGun
UnderDeGun's picture

Thats the rule with virulent epidemics. The strong and the protected survive.

Wed, 12/21/2011 - 10:36 | 2000820 Sweet Chicken
Sweet Chicken's picture

Can you say V for Vendetta?!

 Fuck 9/11 was nothing in terms of loss of life, it was more SPECTACULAR to focus everyone's attention. Just wait until they unleash something like a super virus. Millions or even possibly billions dead from a terrible flu and then a miraculous cure from a major pharma company!!!

 

Scary shit but I really don't think it's too far fetched. I need a drink and it's barely 8am.

 

Wed, 12/21/2011 - 13:13 | 2001468 Debt-Is-Not-Money
Debt-Is-Not-Money's picture

I guess anything can be put in chemtrails n"cest pas?

My avatar taken at daybreak this past Monday (S.E. Louisiana)- They were painting the sky.

Wed, 12/21/2011 - 11:35 | 2001085 UnderDeGun
UnderDeGun's picture

Oh, you are full of it. If that was the case you would see 5th columnists in the pharma and bioweapons related ares! No UNION of elements there. /sarc

Wed, 12/21/2011 - 09:26 | 2000610 Sean7k
Sean7k's picture

Great Post. Thanks. Already suspected, but veritication is nice. Eugenics- culling the world to make it safe for the rest of "us".

Wed, 12/21/2011 - 02:44 | 2000214 Reptil
Reptil's picture

The interview with Professor Turley is excellent.

Wed, 12/21/2011 - 01:08 | 2000096 bigwavedave
bigwavedave's picture

So what about a President Gingrich? or a President Romney? 

Wed, 12/21/2011 - 11:21 | 2001003 GOSPLAN HERO
GOSPLAN HERO's picture

"Honest Abe" Lincoln did damn near the same thing with thousands of southern sympathizers: imprisonment with no writ of habeas corpus.

You won't learn about this in public schools.

Wed, 12/21/2011 - 11:19 | 2000987 philipat
philipat's picture

So that means the US is now, officially, a Police State?

The land of the free??

Wed, 12/21/2011 - 12:20 | 2001288 cdude
cdude's picture

Officially????...a Police State.     It doesn't work that way.  When was Nazi Germany "officially" deemed a Police State?

 

Wed, 12/21/2011 - 12:23 | 2001304 john39
john39's picture

incremental steps... don't want to wake the sheeple until its too late.

Wed, 12/21/2011 - 11:45 | 2001114 lakecity55
lakecity55's picture

Yep. Pretty soon you'll see Soetoro wearing the Idi Amin fashion collection.

Wed, 12/21/2011 - 13:06 | 2001442 Uncle Remus
Uncle Remus's picture

Barack Hussein Dada? In a kilt?

Wed, 12/21/2011 - 13:46 | 2001608 lakecity55
lakecity55's picture

Complete with aviator shades and 250 medals on his uniform.

Wed, 12/21/2011 - 11:23 | 2001019 Cthonic
Cthonic's picture

Land of the fleeced, home of the bray.

Wed, 12/21/2011 - 01:26 | 2000117 George Washington
George Washington's picture

They'd be exactly the same as Obama, and Bush ...

Wed, 12/21/2011 - 13:59 | 2001661 sabra1
sabra1's picture

but, at least they were born in the US, no!

Wed, 12/21/2011 - 12:42 | 2001357 DosZap
DosZap's picture

Exactly why we need RON PAUL, he would stop all this bullshit.

I refuse to fear my Government,if they come after me for some bogus bullshit,and reason does not rule the day, then it will be game on.

Their are far worse things than death.

Wed, 12/21/2011 - 10:29 | 2000796 GMadScientist
GMadScientist's picture

Worse. They'll be in more dire straits and more likely to enage in desperate action.

Wed, 12/21/2011 - 07:24 | 2000406 Optimusprime
Optimusprime's picture

Indeed they would, GW.  Thanks again for persevering in your work, despite the insults and cavils of some of the posters at ZH. 

 

The whole devolution of the storied American love for liberty into a short-sighted settling for whatever comes down from above, with a concomitant gullibility as to "mythical narratives", an entitlement mentality geared to instant gratification in all forms at home and an ignorant and self-righteous bellicosity abroad, is very discouraging to contemplate.

 

That human nature can be so efficiently manipulated by our elites, alien and otherwise, is also sobering.

 

Keep up the fight!

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