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/

CIA's Extrajudical Killings have long been The Not so Secret Secret (widely known to have been carried out by The CIA but Hushed Up by The CIA's Media Lip Service and Dismissed as "Conspiracy Theories" by The same CIA Media Lip Service, who has long acted as The PR Sanitation Deparment for The CIA since The CIA came into being after WW II, Meaning that though it is No Secret The CIA is behind these Murders, The CIA is still trying to Plausibly Deny They are The Assassination Bureau they are) from Zaire, JFK, RFK, MLK, Malcom X, to Paul Wellstone, Gary Webb (exposed the Fact The CIA was behind The Crack Cocaine Epidemic in America), The DC Maddam, Hariri and Gemayel in Lebanon, Archbishop Romero, The Archbishop in Iraq (for being a Vocal Opponent of The CIA's War on Islam in Iraq), Iranian Nuclear Scientist, up to Their Latest Non Judical Killing of The CIA's Political Opposition in Tunisa, who began to see through The CIA's Hijacking of "Arab Spring" via their Royal CIA Saudi Arabian Agents Satellite, The Muslim Brotherhood, which like The CIA's Saudi Salafist being used for Terrorist Bombings across The Middle East, is nothing but a Bunch of CIA Al CIA Duh Takfiris (CIA Agents posing as Muslims in Order to Deceive Muslims) working hand and Glove with The CIA so they may achieve their Unholy Objectives in The Middle East. CIA Devil's Drone Targeted Killings of Civilians are also another CIA Not so Secret Secret, which is Categorigly Denied, but Widely known, by The Public, just as The CIA's Al CIA Duh 9-11 Extrajudical Killings of Civilians of American Citizens on America Soil, which began this Mess, Categorigly Denied, though Widely Known by The Public. The Reason for this Plausible Denial by The CIA is Simple. Even through everyone knows The CIA did these Killings, including 9-11, The CIA must Deny it in order to Maintain their Power, which The CIA does so by having their Media Lip Service act as a Buffer between The Real Truth and The CIA's Manufactured Recreation of The Truth aka The Offical Story aka The Big Lie. The Romans knew all to well about Assassination as did their Praetorian Guard, which often helped Carry them Out. So did Hassan Bin Sabbah The Leader of a Fanatical Sect called The Order of Assassins, the Arabic Word root word for Assassin being Hashishin, since many of his Follower Smoked Hashhish so they could be easily Duped to Carry Out Hassin Bin Sabbah's Orders, often Planted as Trojan Horses in Key Location as Sleeper Agents until the Time of The Kill. The Borgias, like Their Roman Ancestors also knew much about Assassination, often using Wine as The Murder Weapon, which is how it became a Custom for The Host to Taste The Wine First. All this brief History points to One Conclusion and that is that The Greatest Conspiracy ever done is to Deny That Conspiracies Exist in The Home Court, in This case being America. We're all to glad to Accuse someone Else of Conspiracies, but when it comes to our own Backyard we try to Deny it, Simply because it Frightens us to think we are capable of Barbarism just like the Rest of The World, and it is this Fear that Gives The CIA Conspirators their Real Power to Usurp The Truth and Replace it with Trojan Horse Falsehoods aka The Offical Story. That is why we now have a Government that, while it Publicly Condems Murder like The Killings of People in Conneticut, it Privately Plans and Condones Murders, when they suit it's Nefarious Purposes, From Zaire & JFK to Paul Wellstone and CIA Devil's Drones.

George Zimmerman and Obama both consider themselves protectors of their communities.

Zimmerman considered Treyvon Martin to be a threat to the community. Quit possibly a gang member.

Obama considered Al Awlaki to be a threat to the community. Quit possibly a Al Quida gang member.

Zimmerman at least had the consideration of confronting Martin before what ever happened happened that got Martin killed.

Obama didn't even try to confront Al Awlaki with criminal charges of any kind before unleashing death on him, and days latter on his 16 year old son, who has also never been accused of any crimes.

Martin was 17, young Awlaki was 16.

...Barokeydoke is playing by "Chicago Rules"

And if Zimmerman had a son, he would look more like Awlaki's son.

I still don't know what Obama's point to that was.