Today in a congressional hearing, Director of National Intelligence Dennis Blair acknowledged that the U.S. may, with executive approval, deliberately target and kill U.S. citizens who are suspected of being involved in terrorism. I discussed this story in the segment on MSNBC Countdown below.
In the hearing, Blair stated “[w]e take direct actions against terrorists in the intelligence community. If we think that direct action will involve killing an American, we get specific permission to do that.”
The story raises serious legal questions. It is one thing to kill an American in the course of a terrorist act or to prevent an imminent attack. It is quite another thing to kill someone suspected of terrorism without a trial. That would amount to the assassination of a citizen.
Once again, the Obama Administration appears to be following Bush policies. In late 2002, Kamal Derwish (aka Ahmed Hijazi), a U.S. citizen, was killed in an attack by a Hellfire missile fired by a Predator in Yemen. The U.S. knew it was killing a U.S. citizen because it was monitoring his phone at the time. We were targeting Al Qaeda figures. One of the men was Abu Ali al-Harithi, suspected of masterminding the 2000 attack on the USS Cole in Yemen. After the attack, the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions wrote a letter to the United States stating the attack “constitute[s] a clear case of extrajudicial killing.”
Notably, Derwish was a key possible witness for the defense in the controversial Lackawanna case. He was reportedly the individual who recruited the Lackawanna defendants to travel to Afghanistan and knew facts concerning their travels, timing, motivation, and the material support to al Qaeda.
Such use of unilateral authority put the United States on shaky legal ground. The Annex to Hague Convention Number IV, Respecting the Laws and Customs of War on Land, has a provision that reads: “In addition to the prohibitions provided by special Conventions, it is especially forbidden … to kill or wound treacherously individuals belonging to the hostile nation or army … .” The provision is admittedly a bit vague when put into specific situations on a battlefield. However, the U.S. Army has interpreted this provision “as prohibiting assassination, proscription, or outlawry of an enemy, or putting a price upon an enemy’s head, as well as offering a reward for an enemy “dead or alive.'” While the military believes it can target individual soldiers, the line between an assassination and legitimate killing has become more blurred with new technology like predators. What is not blurred are the rights of U.S. citizens.
As reaffirmed in cases like Reid v. Covert, 354 U.S. 1 (1957), American citizens have the same protections regardless of whether they are without or outside of the country. In that case, two American women who murdered their husbands on American military bases abroad were given the same protections under the Fifth Amendment regardless of the fact that they were located and committed the crimes abroad.
If a president can kill U.S. citizens abroad, why not within the United States? What is the limiting principle beyond the practicalities?
correction:
Wouldn’t mess…..
Buddha,
Are you claiming that Canadian men are high pitched? I’ll have you know that before Hockey was allowed to be played in the states there was a deal with the franchise owners that the only players that Detroit could have were either Parolee’s or Rejects from the Marines. There you have the inside story. So I would mess with some Canadian Eh.
Buddha,
Are you sure that your smeller is still intact after the nyquil attack?
BIL…
I did indeed mean Mr. Bojangles. I tend to think it’s a good idea to get lots of rest and not overdo when feeling sick even when sociable….don’t you?
AY….thank-you š
AY,
Actually where I’m at the water isn’t so bad, but I know of the sulfurous water of which you speak and it is indeed foul.
Canadian,
Your dad sings Doris Day songs? He must have some range.
Oh! You meant Mr. Bojangles!
Never mind.
It’s NyQuil on the rocks. For when you’re feeling sick but sociable. (I stole that joke from the late Mitch Hedberg.) That’s my story and I’m sticking to it.
Canadian Eh,
I would never tell. I can keep a secret, confidence…..
Buddha,
Yeah its called Sulpher. It smells like rotten eggs.
Duh,
Sweet…..
I happen to think that the water there would be a very welcome change from the sour stuff I take in here.
And btw AY, excellent choice of song above. My father sang it to me all the time when I was a little girl.
[youtube=http://www.youtube.com/watch?v=W8Ar9Q0Eru4&hl=en_US&fs=1&]
I can’t argue that. There is something in the water here. It’s nasty too.
rofl….yes I think he is quite aware, as are you now it would seem!
Psst, Canadian Eh,
Does he know that one other that is less noble is pinning for your attention as well?
However, he is from the pinny woods of North Louisiana, me think it is something in the water as it is near Mississippi.
ROFL… I hadn’t read your offer to joust for my affections AY. I am indeed flattered, and am sure that it would be an event to watch indeed. I should forewarn though, the one who holds my heart is a champion verbal jouster!
A very nice offer it was, but alas by heart belongs to someone else. Ay is certainly welcome to dinner anytime he’s in the area. I’m sure that he and the holder of my heart would get along very well!
You’ll have to pardon me. There is nothing more desperate and irresponsible than a man the depths of a NyQuil binge.
Buddha,
Ya never know hand and leg restraints might be required as necessary attire…..
Fair enough Buddha. In the hill country I have a home court advantage.
But Mr. Bojangles Lives…..
[youtube=http://www.youtube.com/watch?v=ZIZgivVGsTQ&hl=en_US&fs=1&]
This is played at the Texas Connection which I think was the old opera house….
And AY is a nice person, Canadian.
Despite being a Texan and all.
You might want to take him up on his offer. He is a smooth talker.
Crikey! Look at that, kids! It’s the mating dance of the wild AY. Keep your arms and legs in the boat! That thing will come along and hump your leg right off! That’s a common behavior among the creatures found in Texas. It can make a visit to the Hill Country more fun than a finger in a guana’s cloaca!
I kid. I kid. š
The Hill Country is lovely.