imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Subscribe Calendar Publish RSS
Tell the NSA: StopWatching.US

Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

CopWatch LA

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List





IMC Network: www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech
printable version - js reader version - email this article - view hidden posts - tags and related articles
link:

Extrajudicial Killing: Official US Policy

by Stephen Lendman Thursday, Feb. 07, 2013 at 11:19 PM
lendmanstephen@sbcglobal.net

police state

Extrajudicial Killing: Official US Policy

by Stephen Lendman

Since taking office, Obama headed America toward full-blown tyranny. He enforces Bush administration police state laws. He added more of his own. He governs like a tinpot despot.

He targets free expression, dissent, whistleblowing, and other constitutional freedoms. He usurped diktat authority.

He spurns civil protections, judicial fairness, and other fundamental rights. Abuse of power is institutionalized.

By executive order, he authorized anyone indefinitely detained with or without charge on his say. He promised to close Guantanamo but keeps it open. He operates a secret global torture prison network.

In January, Law Professor Jonathan Turley called America "no longer the land of the free," saying:

"An authoritarian nation is defined not just by the use of authoritarian powers, but by the ability to use them."

"If a president can take away your freedom or your life on his own authority, all rights become little more than a discretionary grant subject to executive will."

Post-9/11, constitutional rights no longer apply. Diktat power replaced them. Bush took full advantage. So does Obama.

He governs extrajudicially. He claims the right to order anyone incarcerated indefinitely or killed on his say. US citizens are included. No reasonable proof is needed. No one anywhere is safe.

He ordered outspoken Muslim cleric Anwar al-Awlaki killed. He was a US citizen. He threatened no one. He lived in Yemen. He opposed US imperial lawlessness. He committed no crime. He's dead for supporting right over wrong.

Others like him are vulnerable. No one's safe anywhere. There's no place to hide. Rule of law protections don't apply. Murder, Inc. was elevate to a higher level. It's official policy. Summary judgment targets state enemies.

Obama decides who lives or dies. He appointed himself judge, jury and executioner. He's got final kill list authority. Police states operate that way. America by far is the worst. It menaces humanity

Democracy is a figure of speech. American never was beautiful and isn't now. Diktat power is policy.

On February 5, The New York Times headlined "Memo Cites Legal Basis for Killing US Citizens in Al Qaeda," saying:

Administration lawyers turned jurisprudence on its head. They call it lawful to kill US citizens if "an informed high-level (government) official" says they belong to Al Qaeda and pose "an imminent threat of violent attack against the United States."

A Justice Department "white paper" inverted inviolable legal principles. It's titled "Lawfulness of a Lethal Operation Directed Against a US Citizen who is a Senior Operational Leader of Al Qa'ida or An Associated Force."

It's unsigned and undated. It's "the most detailed analysis yet to come into public view." It calls lawless killing without trial or evidence legal.

Thresholds of evidence and just cause aren't discussed. Vague language substitutes. "Imminent" threats are highlighted. So is ill-defined "terrorism."

Extrajudicial executive authority is usurped. Courts have no say. Nor does Congress.

Twisted logic claims judicially enforcing "orders would require the court to supervise inherently predictive judgments by the president and his national security advisers as to when and how to use force against a member of an enemy force against which Congress has authorized the use of force."

Last March, Attorney General Eric Holder made the case. He claimed America's lawful right to operate extrajudicially. He said Washington can kill US citizens affiliated with Al Qaeda if capture isn't possible.

"Given the nature of how terrorists act and where they tend to hide, it may not always be feasible to capture a United States citizen terrorist who presents an imminent threat of violent attack," he said.

"In that case, our government has the clear authority to defend the United States with lethal force."

"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."

In other words, the UN Charter, Geneva Conventions, other inviolable international laws, constitutional rights, and US statute laws don't apply.

With no evidence or justification whatever, Holder said "a small number of US citizens" plot attacks on America. Citizenship grants no immunity, he claims. They're fair game. They can be targeted and killed extrajudicially.

Pentagon general counsel, Jeh Johnson, made the same case. He claims "(b)elligerents who also happen to be US citizens do not enjoy immunity where non-citizen belligerents are valid military objectives."

"The legal point is important because, in fact, over the last 10 years Al Qaeda has not only become more decentralized, it has also, for the most part, migrated away from Afghanistan to other places where it can find safe haven."

"Within the executive branch the views and opinions of the lawyers on the president’s national security team are debated and heavily scrutinized, and a legal review of the application of lethal force is the weightiest judgment a lawyer can make."

"And, when these judgments start to become easy, it is time for me to return to private law practice."

ACLU National Security Project Director Hina Shamsi addressed the white paper. She calls it a "profoundly disturbing document."

"It’s hard to believe that it was produced in a democracy built on a system of checks and balances."

"It summarizes in cold legal terms a stunning overreach of executive authority - the claimed power to declare Americans a threat and kill them far from a recognized battlefield and without any judicial involvement."

ACLU Deputy Legal Director Jameel Jaffer called the document "chilling." It manipulates legal standards. It turns them on their head. Doing so justifies the unjustifiable.

ACLU said extrajudicial killings occur "with virtually no oversight outside the executive branch, and essential details about the program remain secret, including what criteria are used to put people on CIA and military kill lists or how much evidence is required."

America kills illegally. Rule of law principles are spurned. Transparency and openness are gone. Accountability no longer applies. Diktat authority usurped it. Doing so is unconstitutional.

On February 5, the Center for Constitutional Rights responded to Washington's white paper.

CCR's senior attorney, Pardiss Kebriaei said:

"This white paper’s claim of executive power is disturbing enough on its own, but it doesn’t describe the vast majority of targeted killings being carried out by the U.S. government, which now number in the thousands."

"The government claims the authority to target a US citizen who is a 'senior operational leader of Al Qa’ida or an associated force,' but it doesn’t provide an analysis that would explain, for example, the killing of our client’s grandson, 16-year-old Abdulrahman Al Aulaqi, nor does it describe the so-called signature strike killings of people whose identities are unknown but who fit some undisclosed profile."

“One of the most dangerous aspects of the white paper is the claim that 'there exists no appropriate judicial forum to evaluate these constitutional considerations' either before or after a killing."

CCR Executive Director Vincent Warren added:

"The parallels to the Bush administration torture memos are chilling. Those were unchecked legal justifications drawn up to justify torture; these are unchecked justifications drawn up to justify extrajudicial killing."

"President Obama released the Bush torture memos to be transparent; he must release his own legal memos and not just a Cliffs Notes version for public consumption, particularly when scores of civilian lives are at stake."

"Despite this attempt to appear transparent, the program remains opaque. This will rightly raise many questions for John Brennan."

He was deeply involved in Bush administration rogue policies. He a key architect of Obama's targeted killing program.

CCR filed suit (Al Aulaqi v. Panetta). It demands accountability "in a court of law."

On February 5, a New York Times editorial headlined "To Kill an American," saying:

Obama "utterly rejects the idea that Congress or the courts have any right to review (extrajudicial killings) in advance, or even after the fact."

Twisted logic defines administration policy. It exceeds the worst of George Bush. It includes a menu of lawless practices.

Congress hasn't officially seen the white paper. White House officials won't acknowledge administration authority to kill Awlaki. They provided no evidence justifying it.

"According to the white paper," said The Times, "Constitution and the Congressional authorization for the use of force after the attacks of Sept. 11, 2001, gave" Obama unchecked powers.

Definitions aren't forthcoming. Vagueness substitutes for specifics. Due process and judicial fairness don't apply. Geopolitical priorities alone matter.

The Times quoted Center for National Security Studies director Kate Martin calling the white paper "a confusing blend of self-defense and law of war concepts and doesn't clearly explain whether there is a different standard for killing a senior Al Qaeda leader depending on whether he is a citizen."

"Its due process is especially weak."

Congress needs to act. At stake are fundamental issues. They include balance of power and rule of law principles. They no longer apply. They need to be reasserted.

Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.

His new book is titled "Banker Occupation: Waging Financial War on Humanity."

http://www.claritypress.com/LendmanII.html

Visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

http://www.progressiveradionetwork.com/the-progressive-news-hour

http://www.dailycensored.com/extrajudicial-killing-official-us-policy/
Report this post as:
Share on: Twitter, Facebook, Google+

add your comments


LATEST COMMENTS ABOUT THIS ARTICLE
Listed below are the 10 latest comments of 4 posted about this article.
These comments are anonymously submitted by the website visitors.
TITLE AUTHOR DATE
CIA's Exatrjudical Killings from Zaire, JFK, RFK, MLK, Wellstone, Hariri, to Tunisa Zaire, MLK, JFK, RFK, MLK, Wellstone, Tunisa Friday, Feb. 08, 2013 at 1:48 AM
two sides of a bad coin PrionPartyy Friday, Feb. 08, 2013 at 2:14 PM
You're forgetting something,Prion.... Lord Locksley Friday, Feb. 08, 2013 at 4:18 PM
looking back PrionPartyy Saturday, Feb. 09, 2013 at 7:08 PM

Freenet/Sone comments box:

This is a comment system called babcom, which is a decentralized, anonymous, encrypted, troll-resistant, comment system that runs atop Freenet. These comments are not stored on this IMC server - they exist in the Freenet cloud, and you must be running Freenet and Sone to see the comments. Install Freenet and try it out.

Use Node:

⚙ Babcom is trying to load the comments ⚙

This textbox will disappear when the comments have been loaded.

If the box below shows an error-page, you need to install Freenet with the Sone-Plugin or set the node-path to your freenet node and click the Reload Comments button (or return).

If you see something like Invalid key: java.net.MalformedURLException: There is no @ in that URI! (Sone/search.html), you need to setup Sone and the Web of Trust

If you had Javascript enabled, you would see comments for this page instead of the Sone page of the sites author.

Note: To make a comment which isn’t a reply visible to others here, include the red link below somewhere in the comment text.

Add this link to the comment:

Local News

Pressure on Orange County District Attorney to Prosecute Minors Counsel N22 5:30PM

RE-VISITING CARLOS BULOSAN N22 1:08PM

Winter 2014 National Immigrant Solidarity Network News Alert! N20 11:12PM

#UCLADivest N19 1:46AM

Ferguson verdict Monday? N16 1:42PM

TV LEGEND BOB BARKER FUNDS ‘LION’S SHARE’ OF SUCCESSFUL MISSION TO SAVE CIRCUS ANIMALS IN N13 11:30AM

“Protest blackface”: Vegan protest turns racist as white vegans pose as “people of color” N11 3:59PM

Veterans Against Foreclosures Marches in San Fernando Veterans Day Parade N11 2:46PM

Disappeared Documentary in L.A N11 2:23PM

Los Angeles Questions Oversized LAPD Response to Million Mask March N07 1:57AM

Ghosts of Wall Street Occupy Hollywood Blvd Halloween Night N06 12:48PM

The "Cleaning Up" of Venice N02 5:16PM

Activists Hold Prayer Vigil for Lexi Dillon and Jonah Rief in Orange County O31 2:32PM

New ID Verification Feature on this Site O21 1:06AM

Sierra Club endorses activists for Water Board O20 2:02PM

INDY has been hijacked or sold? to commentators ? O17 9:58AM

Columbus Day Protest, Downtown L.A. O14 4:44PM

Demonstration in Los Angeles: In Solidarity with Kobani O11 12:23PM

More Local News...

Other/Breaking News

Deadlocked Iran Nuclear Talks N24 10:20AM

Why Austerity Kills N24 6:47AM

NEW INTERVENTION BY FILIPINO WRITER IN FILIPINO N24 6:29AM

Albert Woodfox: 41 Years in Solitary Unjustly N24 2:54AM

Labor Solidarity Demands a “No” Vote on Israel Boycott N23 6:07PM

Palestinian resistance N23 4:00PM

Evidence of a new, unheralded, illegal, quasi 'Criminal Justice System' (CJS) forged by N23 1:20PM

Israel: Racist Pariah State Writ Large N23 11:43AM

Afghanistan: War Without End, Permanent US Occupation N23 6:53AM

REMEMBERING CARLOS BULOSAN N23 6:27AM

Paraphysique des crimes contre l'humanité N23 4:45AM

Sham Bahraini Elections N23 2:57AM

Lavrov: West Wants Regime Change in Russia N22 12:07PM

Russia Bans GMOs N22 8:13AM

Biden in Ukraine N22 2:18AM

Obama's Sham Immigration Reform N21 12:22PM

fbi/cjis continue to cause killings, shootings N21 8:55AM

MH17 Coverup N21 1:51AM

NUCLEAR SHUTDOWN NEWS NOVEMBER 2014 N20 9:48PM

The Shortwave Report 11/21/14 Listen Globally! N20 4:30PM

America: The Real Evil Empire N20 2:43PM

Israel: Human Rights Abuser Writ Large N20 1:06PM

The USA is under the control of evil men N20 11:43AM

Time For Amtrak To Allow Pets And Carry More Vegan Options N20 9:45AM

Kiev Plans Full-Scale War N20 7:05AM

Le théorème de Bakounine, Coeurderoy, Hofmann N20 2:05AM

Keystone XL Pipeline: Down but not Out N19 1:55PM

African Mayors Call for Debt Cancellation for Ebola-Stricken West Africa N19 10:44AM

More Breaking News...
© 2000-2003 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy