imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Subscribe Calendar Publish RSS
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

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

Local News

Stop Circus Animal Suffering – Protestors Urge Audiences to Shun the Wild Animal Circus S07 5:57PM

Nuclear Shudown News Aufust 2016 A30 3:46PM

WIKIpedia is not what we readers Thought nor is it even current about Pacifica or KPFK A24 3:10PM

"KPFK has a $500,000 deficit “ !! Can this be true? A19 6:10AM

Nuclear Shutdown News July 2016 A01 1:36PM

A 99-page report "Election fraud" from Election Justice USA A01 4:14AM

INDY's KPFK radio program being eliminated ? too ? J10 4:57PM

Bertolt Brecht Testifies Before the House Un-American Activities Committee (1947) 2 min J02 3:04PM

Pacifica-KPFK Archives, director resignation J18 4:50PM

SAVE KPFK & PACIFICA: VOTE IN THIS CRUCIAL ELECTION! J18 3:39PM

KPFK radio elections for LSB coming Quick ! J18 1:05PM

KPFK Local Station Board Elections In-Progress J13 11:31AM

Black Lives Matter Activist Jasmine Abdullah Sentenced Three Months in Jail on Attempted Lynching Charge J09 2:08AM

Why are the Park Rangers making it even more difficult for the homeless in Los Angeles? J04 3:11PM

Bernie Sanders in Lincoln Heights M23 8:23PM

Los Angeles Sit-In to Fight Voter Suppression M18 4:28AM

War Within California's 46th CD M13 11:42AM

NPR's David Greene & Alison Aubrey along with David Ludwig Shill For Factory Farm Eggs M13 7:55AM

2016 AT&T Shareholders engaged by Communications Workers of America D9 Activists M12 11:43PM

Communications Workers of America District 9 Action at AT&T Shareholders M12 9:38PM

Voter Registration at ELAC M10 3:31PM

LA Times Fails to Cover Protest Against Clinton M07 9:15PM

Violence Against Poor In Venice A29 12:59PM

California Safe Schools Honors 11 Year Old Daniel Randall A25 2:25PM

More Local News...

Other/Breaking News

Cuba Liberates „Miss Burqa“ From Guantanamo S26 7:10AM

Dennis Mahon and Auntie Racist S26 6:58AM

This is your country, your people, not mine S25 7:46PM

Castle Clash Tips & Tricks S25 8:45AM

Datologie S25 12:47AM

Counterintelligence Operations Against A Target Are Global S24 8:15AM

Star Wars Battlefront Death Star DLC S23 3:18PM

Paraphysique de l'aplasie S23 2:37AM

The Shortwave Report 09/23/16 Listen Globally! S22 5:34PM

Philippines: The Punisher's dirty war on drugs S21 11:50PM

Final Shot Astuce Gem Tricks S21 3:58PM

How to get rid of fleas by Robert George Tronge S21 11:52AM

SB Game Hacker is ready to work S21 10:06AM

Joanna Lumley slams CITES’ rhino horn proposal S21 9:24AM

KPFK :must VOTE by 9/30 to local board. S21 9:02AM

NBA 2K17 Prelude Download Australia/New Zealand on PS4 and Xbox One S21 5:29AM

Power Elites: On the Great Illusion of Pluralist Liberalism S21 5:05AM

Chronicité intempestive S21 2:04AM

USA: Inhumane S20 5:49PM

Joanna Lumley slams CITES’ rhino horn proposal as ADI make a stand for the African elephan S20 5:22PM

Joanna Lumley slams CITES’ rhino horn proposal as ADI make a stand for the African elephan S20 5:20PM

Dorothy Willetts Designs a Chair for Event to Benefit Illumination Foundation S19 4:26PM

KPFK & Pacifica's Archives seem oddly silent about transitions. Any ? S19 1:09PM

Modern Strike Online Hack - Get Unlimited Gold S19 4:34AM

Growth Criticism and Reduced Working Hours S18 9:54AM

Algorithmes de l'isolement généralisé S18 12:24AM

Homo homini lupus S17 8:53PM

Fbi illegal methods and criminal agenda exposed S16 11:05PM

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