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Friday, March 09, 2012

Can The President Kill You?

Can the president kill an American simply because the person is dangerous and his arrest would be impractical? Can the president be judge, jury and executioner of an American in a foreign country because he believes that would keep America safe? Can Congress authorize the president to do this?

Earlier this week, U.S. Attorney General Eric Holder attempted to justify presidential killing in a speech at Northwestern University law school. In it, he recognized the requirement of the Fifth Amendment for due process. He argued that the president may substitute the traditionally understood due process – a public jury trial – with the president's own novel version of it; that would be a secret deliberation about killing. Without mentioning the name of the American the president recently ordered killed, Holder suggested that the president's careful consideration of the case of New Mexico-born Anwar al-Awlaki constituted a substituted form of due process.

Holder argued that the act of reviewing al-Awlaki's alleged crimes, what he was doing in Yemen and the imminent danger he posed provided al-Awlaki with a substituted form of due process. He did not mention how this substitution applied to al-Awlaki's 16-year-old son and a family friend, who were also executed by CIA drones. And he did not address the utter absence of any support in the Constitution or Supreme Court case law for his novel theory.

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5 comments:

Anonymous said...

Hell one if the few things Obama's done right.any American citizen that leaves the country to fight with our enemies should die.its called treason. And any American that disagrees is no American and needs to be locked up under Obama's new laws on detaining any one for anything since they are obviously sympathetic to the enemies cause

Dana said...

What are you talking about? He's killing me because he's still in office!!!!

Anonymous said...

He can do what he wants, you didnt realize that by now?

Anonymous said...

al-Awlaki surrendered his citizenship as soon as he picked up arms against our flag. The same thing has happened in every war this country has ever fought... The revolution: Loyalists were considered enemy. The Civil War: An entire portion of the country became the enemy... WWII: Many European and Asian Americans returned to their native country and picked up arms against the US. In all of these examples, the offenders were treated the same as any other enemy combatant, as well they should have been. al-Awlaki's case is no different. Nobody pointed a gun at this guy and demanded that he become a Christian or tell him that he had to stay in US and denounce he religion... He made a free choice to do what he did and he paid the full price for doing it. In war, things are simple.

Anonymous said...

American citizen that leaves the country to fight with our enemies should die.its called treason. And any American that disagrees is no American and needs to be locked up under Obama's new laws

No it is not. And you are crazy. I hope you are the first one locked up under that whacko's laws.