Holder: When It Comes to Assassinating Americans, Due Process Includes Arbitrary Whims of the Regime
March 6th, 2012Via: MSNBC:
The Fifth Amendment provides that no one can be “deprived of life” without due process of law. But that due process, Holder said, doesn’t necessarily come from a court.
“Due process and judicial process are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process,” the attorney general said.
Holder said a U.S. citizen can legally be targeted in a foreign country if that person is “a senior leader of al-Qaida or associated forces,” and is actively involved in planning to kill Americans. Killing would be justified if the person poses an imminent threat of a violent attack against the U.S. and cannot easily be captured.
Any military operation targeting a citizen overseas must be carried out consistent with the law of war. “The principle of humanity requires us to use weapons that will not inflict unnecessary suffering,” he said.
The ACLU called Holder’s explanation “a defense of the government’s chillingly broad claimed authority to conduct targeted killings of civilians, including American citizens, far from any battlefield without judicial review or public scrutiny.”
“Few things are as dangerous to American liberty as the proposition that the government should be able to kill citizens anywhere in the world on the basis of legal standards and evidence that are never submitted to a court, either before or after the fact,” said Hina Shamsi, director of the ACLU’s National Security Project.
“Anyone willing to trust President Obama with the power to secretly declare an American citizen an enemy of the state and order his extrajudicial killing should ask whether they would be willing to trust the next president with that dangerous power,” she said.
