To: J_F_Shepard who wrote (704284 ) 3/14/2013 4:53:39 PM From: joseffy Respond to of 1577981 Killing Americans on U.S. Soil: Eric Holder's Evasive, Manipulative Letter 4MAR 6 2013, 6:00 AM ET On December 7, 1941, Japanese war planes bombed the U.S. naval base at Pearl Harbor, Hawaii. Six decades later, Al Qaeda terrorists flew hijacked airplanes into the World Trade Center and the Pentagon. Neither President Franklin Roosevelt nor President George W. Bush targeted and killed Americans on U.S. soil in the aftermath of those attacks. Doing so wouldn't have made any sense. How strange, then, that Attorney General Eric Holder invoked those very attacks in a letter confirming that President Obama believes there are circumstances in which he could order Americans targeted and killed on U.S. soil. "It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws ... for the President to authorize the military to use lethal force within the territory of the United States," he wrote. "For example, the President could conceivably have no choice but to authorize the military to use such force if necessary to protect the homeland in the circumstances of a catastrophic attack like the ones suffered on December 7, 1941 and on September 11, 2001." The very scenario to be guarded against is a president using the pretext of a terrorist attack to seize extraordinary powers. Isn't that among the most likely scenarios for the United States turning into an authoritarian security state? To be sure, if Americans are at the controls of fighter jets en route to Hawaii, of course Obama could order that they be fired upon. If Americans hijacked a plane, of course it would be permissible to kill them before they could crash it into a building. But those are not the sorts of targeted killings that Senator Rand Paul asked about in a letter to White House counterterrorism adviser John Brennan, prompting Holder's response. If you read to the end of Holder's letter, to the passage where he says, "Were such an emergency to arise, I would examine the particular facts and circumstances before advising the president on the scope of his authority," it becomes clear that, despite invoking Pearl Harbor and 9/11, even he isn't envisioning a response to an attack in process, which would have to happen immediately. So whatdoes he envision? If he can see that a "for example" is necessary to explain, he ought to give us a clarifying example, rather than a nonsensical one that seems to name-check events for their emotional resonance more than for their aptness to the issue. Cont...theatlantic.com