SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Strategies & Market Trends : The Residential Real Estate Crash Index -- Ignore unavailable to you. Want to Upgrade?


To: DebtBomb who wrote (279617)9/29/2010 1:38:23 PM
From: Broken_ClockRespond to of 306849
 
TUESDAY, SEP 28, 2010 15:29 ET
Salon Radio: ACLU and CCR on the Obama DOJ's assassination defense
BY GLENN GREENWALD

As I wrote about on Saturday, the Obama administration on Friday night filed its first response in the case of Awlaki v. Obama, the lawsuit brought by Anwar Awlaki's father seeking a court order enjoining the President from assassinating his son with no due process. The Obama DOJ raised numerous arguments, all of which were grounded in the claim that courts have no role whatsoever to play in interfering with the President's decisions over who to assassinate as part of the "War on Terror." Along with several others, I focused on the DOJ's invocation of the "state secret" privilege because that was most viscerally horrifying: the very idea that the President claims the right not only to order Americans killed with no due process, but to do so in total secrecy beyond the reach of the courts, is -- as Radley Balko and Jamelle Bouie note -- as tyrannical a claim as we've heard in the last decade.

But beyond "state secrets," there were several other equally dubious, dangerous and Bush-replicating arguments raised by the Obama DOJ to immunize itself from judicial review. Included among them was a claim that Awlaki's father lacks "standing" to bring this lawsuit because (a) he cannot prove that the U.S. Government is trying to kill his son and (b) Awlaki himself could sue if he wanted to. The DOJ also argues that, as a result of the AUMF, it is for the President alone -- not the courts -- to decide who can and should be killed as part of the War on Terror.

salon.com