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Thu Feb 7, 2013, 08:07 AM

Juan Cole: Top Five Objections to the White House's Drone Killing Memo

Actually six--the article misnumbers them.

http://readersupportednews.org/opinion2/277-75/15901-focus-top-five-objections-to-the-white-houses-drone-killing-memo

1. In the Western tradition of law, there can be no punishment without the commission of a specific crime defined by statute.
2. To any extent that the president's powers under the memo are alleged to derive from the 2001 Congressional Authorization for the Use of Military Force, i.e. from the legislature, they are a form of bill of attainder.
3. The memo's vision violates the principle of the separation of powers. It makes the president judge, jury and executioner.
3. The memo resurrects the medieval notion of "outlawry" - that an individual can be put outside the protection of the law by the sovereign for vague crimes such as "rebellion," and merely by royal decree.
4. The memo asks us to trust the executive to establish beyond the shadow of a doubt the guilt of an individual in a distant land, to whom access is so limited that the US cannot hope to capture him or have local authorities capture him.
5. The memo, as Glenn Greenwald points out, ratifies the Bush/Cheney theory that the whole world is a battlefield on which the US is continually at war.

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Arrow 9 replies Author Time Post
Reply Juan Cole: Top Five Objections to the White House's Drone Killing Memo (Original post)
eridani Feb 2013 OP
GeorgeGist Feb 2013 #1
freedom fighter jh Feb 2013 #2
Octafish Feb 2013 #3
rhett o rick Feb 2013 #4
rhett o rick Feb 2013 #5
woo me with science Feb 2013 #6
Electric Monk Feb 2013 #7
Catherina Feb 2013 #8
Tierra_y_Libertad Feb 2013 #9

Response to eridani (Original post)

Thu Feb 7, 2013, 08:23 AM

1. How quaint ...

however, the official 'very serious' people are not amused. Drone on.

















































just in case :sarchasm:

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Response to eridani (Original post)

Thu Feb 7, 2013, 08:59 AM

2. Crime or war?

The first four points, I think, could be dismissed on the reasoning that the justice system is irrelevant because this is, after all, war. You don't try a soldier who is pointing a gun at you; you kill him or her if you have to.

So the fifth point becomes critical: The whole justification depends on drone victims being soldiers of an enemy with whom we are at war. But with whom are we at war? I think this is an enormous blind spot: We keep hearing that these things have to happen because we are at war. Isn't it Congress that's supposed to declare war? Did they do that and somehow we all missed it? If we are at war, then who is our enemy?

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Response to eridani (Original post)

Thu Feb 7, 2013, 09:16 AM

3. There are two number threes.

Other than that, it adds up: We are so far through the looking glass one more unconstitutional act doesn't make a difference to everyone except those turned into bug splat.

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Response to eridani (Original post)

Thu Feb 7, 2013, 09:28 AM

4. I noticed that a drone has been following that pesky Greenwald lately. Probably just for

surveillance. Probably.

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Response to eridani (Original post)

Thu Feb 7, 2013, 09:31 AM

5. I dont believe the Constitution allows Congress to abrogate their responsibility to

the president. This would violate the checks and balances. The Authorization to Use Military Force needs to be challenged in court.

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Response to eridani (Original post)

Thu Feb 7, 2013, 10:53 AM

6. K&R

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Response to eridani (Original post)

Thu Feb 7, 2013, 08:37 PM

7. k&r

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Response to eridani (Original post)

Thu Feb 7, 2013, 08:51 PM

8. "ratifies... that the whole world is a battlefield on which the US is continually at war"

Ratified and endorsed by every single supporter of this abhorrent madness.

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Response to eridani (Original post)

Thu Feb 7, 2013, 09:00 PM

9. Juan suffers under the delusion that America is a civilized nation to which laws and decency apply.

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