Holder Tells Senator That Obama Does Have Authority To Kill Citizens With Drones On U.S. Soil Without Criminal Charge or Conviction

300px-MQ-9_Reaper_-_090609-F-0000M-777President_Barack_ObamaAttorney General Eric Holder this week held out the possibility that the President could kill an American citizens with a drone attack on U.S. soil without any criminal charge or trial. After Holder announced President Obama’s kill list policy, many apologists for the Administration insisted that the policy was limited to targets outside of the United States and was subject to a form of due process of the President’s own making. At the time, I wrote that these arguments were nothing but spin by the Administration and its supporters since the underlying claim of authority would have no such limitations. Holder now appears to have confirmed that even they do not believe in such limitations. This follows the release of a memo showing that Holder’s description of the policy at Northwestern University Law School was narrower than the actual policy described within the Administration.

Holder was responding to a letter from Sen. Rand Paul concerning the nomination of CIA director John Brennan on the use of lethal force. Holder said “It is possible I suppose to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States.”

It will be difficult for people to find someway, as in the past, to blame this policy on Republicans. The kill list policy of Obama belongs to him. As I discussed in earlier columns (here and here and here), it is astonishing how citizens, including so many liberals and civil libertarians, have remained relatively silent in the face of a classic claim of authoritarian power. The relative silence over this latest development shows just how passive the country, and particularly liberals, have become in challenging Obama on his aggregation of executive power. It also is the latest evidence showing Obama’s evisceration of the civil liberties movement in this country. There is little observable movement left after it was divided over loyalty to Obama in the first term. A president has previously said that he can kill U.S. citizens on his own authority. It was then revealed that the citizen does not actually have to be involved in an imminent terrorism attack. Now he claims the right to use that authority in the U.S. The response at every stage has been a collective and prolonged yawn from a people growing comfortable with a burgeoning security state and an imperial president.

Source: CNN

183 thoughts on “Holder Tells Senator That Obama Does Have Authority To Kill Citizens With Drones On U.S. Soil Without Criminal Charge or Conviction”

  1. OS,

    I never said this dinner wasn’t being served with Morton’s Fork. However, when your options are fascism and fascism? Given what history teaches about the the ultimate costs of fascism for a society, the option to respond to “a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security” is a valid response.

    Peacefully or not is the crux.

    I’ve been listening to the filibuster. I’ll have to say I am pleased that so much of the talk as centered on Congress retaking their proper power and role as a check on Executive authority. The Unitary Executive is the greatest threat to liberty and freedom we face today. Not terrorists or terrorism or some maladaptive state like North Korea. Our very own pols are destroying our country and undermining the very foundations of our government better than any outsider could do and all in the name of fear, greed and the lust for absolute power.

  2. As for some banks being too big to prosecute.

    Although the Supremes declared corporations to be persons, I will not believe that until we get to see Texas execute one. However, corporations are run by people. Real meatworld people can and do go to jail. I am waiting to see some of the banksters that got us into this mess perp-walked through a press gaggle. I will not hold my breath.

  3. Gene,
    Sometimes it is a Hobson’s choice. Look on the brighter side. How would we be doing right now under President Romney?

    Sometimes things suck. Other times they suck worse.

  4. SWM, the elder Paul is less offensive to me than the lesser Paul but context is everything. 🙂 I was struck that during the debate wherein Ron Paul was asked about letting sick, poor people die he never got to answer. That was the debate wherein one of the crazed electorate called out “Yes” or the like and got applause. That stepped on RP’s answer and it looked like RP was forming “No” with his mouth. I actually would have liked to hear his answer. I think he may have more humanity in him than his positions allow.

  5. Bron,

    It wasn’t that long ago the blindly devoted Obama defenders were saying he’d never claim the extrajudicial killing power within our borders. That’s how fascism works. It creeps in by incremental degrees. Germany under the Weimar Republic was a federal republican parliamentary representative democracy until suddenly it wasn’t and instead was a fascist police state.

    History doesn’t repeat, the specifics are always a little different, but patterns sure do.

  6. Swarthmore mom 1, March 6, 2013 at 12:37 pm

    … A Texas right wing congressman threatens to impeach over gun control. I would certainly be wary of joining up with the gun nuts in an impeachment effort. Agree with OS. I don’t think Boehner is interested. A better use of time might be to examine why the civil liberties is dwindling and what can be done about it apart from Obama. He won’t be around in a few years.
    ===================================================
    The Epigovernment cannot be impeached.

    “They” are reading this one way wrong … bubbleosis … the “they” are becoming “the Germans who let Hitler in.”

    “They”: good, decent, law abiding, loving, intelligent “Germans” who for whatever reason failed themselves.

  7. Eric, A majority of Texas republicans want to impeach Obama. I live in Texas, too, but hopefully, not for long. It is a big state, and I have met some wonderful people but at the same time I am excited to leave. I have lived in the land of Rick Perry long enough. The state is dominated by christian fundamentalists. It is so backwards here they even have a ban on gay marriage. I am not a native Texan and have no loyalties to the place.

    1. Actually I think Texas is much like most of the rest of the country – so good luck finding a more congenial place.

      At least Texas does have Taco Cabana – that almost makes it all worth while.

      PS I am pretty sure they also have more gun racks per pick up truck than any other state in the nation – well what the heck, its America

      And at least they do warn you with big signs in big red letters at the entrance of every bar that it is a felony to bring a fire arms into a place that serves alcohol. Talk about gun control! If you want to shoot some one please step outside.

  8. Obama isnt going to whack American citizens on American soil. I cant even believe that. And I havent liked his policies since Joe the Plumber.

    But I would be all for impeaching his facist b*tt. Excpet we would just have a fascist a$$ to replace him.

  9. Swarthmore Mom: Wow, the depth of your prejudice is allays shocking to me, but today really takes the cake. How is it possible that you feel it is justified to judge an entire group of people simply because of the geographic region of the United States they live in.

    Your prejudice is so deep, that you fail to even absorb the content of what you post. You obviously only see what you want to see.

    I live in Texas and I find it impossible to believe that “a majority of Texans want to impeach Obama” as you state so I clicked through the link you posted above. The article clearly states “39 percent of all of those polled believe the president should be impeached.”. Clearly, you read about the “65% of Republicans” who want Obama impeached. Your prejudice is so deep, that you see only what you want to see.

    There is no difference between the people in Texas and New York. There are wonderful people in both places, and there are people consumed with judgement and hate who have extreme views, much like yourself, in both places.

    They way you judge people based on where they live is no different than those who judge people based on the color of their skin, their gender, or anything else.

  10. I agree with at least one other, Impeach this bozo. To those that were vocal opponents of GWB policy of detaining people and now sit silent, you are the lowest of the low. The BO policy of killing anyone he deams a threat will become the policy of the next president. How about President Sarah Palin having this power? President Hillary Clinton? President David Duke?

    Impeach this bozo now.

  11. Q: Would President Obama allow another nation to drone within the US boarders?

    Q: Would Obama insist that his Administration be in charge of that strike?

    Q: How many Americans is President Obama willing to accept as “collateral damage”?

    Q: Will military aged males killed by a drone strikes in the USA be automatically categorized as a enemy combatant as is regularly done in this war on terror, abroad?

  12. Rand Paul is sympatico w/ most of the folks posting here. He’s doing a Mr. Smith Goes to Washington fillibuster on the Brennan nomination because of this kill citizens edict. Strange bedfellows indeed!

  13. OS,

    Note the use of “should” versus “would”. For example, if Congress had been operating as it should and as our Founders envisioned absent the corrupting influence of both money and ouroboros of the two-party gridlock monster, Dick Cheney would have have been arrested within a week of ordering the torture of prisoners and Obama impeached for even suggesting he as Prez unilaterally has the right to kill citizens.

    If he didn’t make a mess on an intern’s dress and wasn’t reigned in at the first blush of this jackbooted dictatorial edict, I’m perfectly aware he’s not going to be impeached, but he sure as Hell should be.

    And to all of you who poo pooed on my stance that I wasn’t going to vote for a man who claimed this ultra vires power (regardless of lack of viable options) and that said claimed power would get out of hand quickly?

    I told you so.

  14. I’m telling….. Some of your negative comments about Obama can be turned into ” You folks are racist”……tsk, tsk…..

    Like I care…..

  15. lotta, I think the lesser Paul is far far worse but he was the only person filibustering today. Have to give him that.

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