Reply #10: Last I heard, DC Circuit put a restraining order . . .

[pat_k]

. . .temporarily slapping down the Bush administration shell game to evade due process.

http://www.brennancenter.org/programs/downloads/omarvharvey-opinion.pdf

They were also slapped down in 2004 with the SCOTUS decision on Hamdi v. Rumsfeld (an American citizen seized overseas as an "enemy combatant" must be allowed to challenge the factual basis of his or her detention before an independent arbiter).

Of course, I wouldn't be surprised to find out that Bush was secretly ordering the assassination of Americans, but I've never heard any administration shill actually claim that Bush has the power to unilaterally decide to kill citizens. (I don't think they have ever conceded he wouldn't have the power either, since they have been allowed to evade answering questions that would put define a limit on the unilateral power they claim.)

Unfortunately for us, far too few have asked point blank things like "Does Bush claim he has the power to put babies on spikes on the White House lawn if he believes doing so is vital to national security?

Sunstein is making a public statement that the right to kill Americans "flows" from AUMF -- and he is saying it matter-a-factly.

As far as I know, this is news.