GLEEN GREENWALD: When Presidents Kill

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GLENN GREENWALD: In Barack Obama’s America, the way guilt is determined for American citizens — and a death penalty imposed — is that the President, like the King he thinks he is, secretly decrees someone’s guilt as a Terrorist.  He then dispatches his aides to run to America’s newspapers — cowardly hiding behind the shield of anonymity which they’re granted — to proclaim that the Guilty One shall be killed on sight because the Leader has decreed him to be a Terrorist.  It is simply asserted that Awlaki has converted from a cleric who expresses anti-American views and advocates attacks on American military targets (advocacy which happens to be Constitutionally protected) to Actual Terrorist “involved in plots.”  These newspapers then print this Executive Verdict with no questioning, no opposition, no investigation, no refutation as to its truth.  And the punishment is thus decreed:  this American citizen will now be murdered by the CIA because Barack Obama has ordered that it be done.  What kind of person could possibly justify this or think that this is a legitimate government power?Just to get a sense for how extreme this behavior is, consider — as the NYT reported — that not even George Bush targeted American citizens for this type of extra-judicial killing (though a 2002 drone attack in Yemen did result in the death of an American citizen).  Even more strikingly, Antonin Scalia, in the 2004 case of Hamdi v. Rumsfeld, wrote an Opinion (joined by Justice Stevens) arguing that it was unconstitutional for the U.S. Government merely to imprison (let alone kill) American citizens as “enemy combatants”; instead, they argued, the Constitution required that Americans be charged with crimes (such as treason) and be given a trial before being punished.  The full Hamdi Court held that at least some due process was required before Americans could be imprisoned as “enemy combatants.”  Yet now, Barack Obama is claiming the right not merely to imprison, but to assassinate far from any battlefield, American citizens with no due process of any kind.  Even GOP Congressman Pete Hoekstra, when questioning Adm. Blair, recognized the severe dangers raised by this asserted power. MORE

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