Comment: Re:Oh, the surprise. (Score 1) 800
I sometimes wonder what real change could occur if people channeled all their energy into the real issues instead of getting lost in divisive political spin.
Amen.
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I sometimes wonder what real change could occur if people channeled all their energy into the real issues instead of getting lost in divisive political spin.
Amen.
senior operational leader of al-Qa'ida or an associated force
This distinction is kind-of important as AQAP is not an organization designated by the AUMF(that was for 9/11 participants,) and the U.S. citizens we know were murdered, al-Aulaqi and son(so unless your going to argue that a 16 year old boy from Denver is a senior operational leader with AQ we already know that killings occur when even the low bar set by this whitepaper is not met), was part of a co-belligerent force, not AQ. Problem here is associated forces is pretty vague. A link to the circuit court decision about associated forces can be found here. The conclusion of the ruling talks about how determining who is and isn't a member when they are not actively armed is something that needs to be adjudicated on a case by case basis, something those who are assassinated will never get. This is where it comes down to your a member of AQ because we say you are.
I will point out that this document contains
As stated earlier, this paper does not attempt to determine the minimum requirements necessary to render such an operation lawful
so basically as long as you meet these requirements your all set to go killing(at least until a court says you can't at which point, much like the torture memos, this document will be used a legal shield.)
The condition that an operational leader present an ‘imminent’ threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future
is directly lifted from the document that you don't need clear evidence. 9/11 was used right after this statement as an example of why you can't wait for clear details, except there was evidence of a clear and imminent threat in this case as the 9-11 report details. I used the whole "Bin Laden determined to strike in US" document as an example since it is well known. You are correct that the document asserts that
certain members if al-Qa'ida (including any potential targets of lethal force) are continually plotting attacks against he United States
what you miss is the rest of the rational in the same sentance
; that al-Qa'ida would engage in such attacks regularly to the extent it were able to do so; that the U.S. government may not be aware of all al-Qu'ida plots as they are developing and thus cannot be confident that none is about to occur
. Think about this argument, even if you accept that whole "they are always plotting against us" thing, the rest is there is always an imminent threat because there may be a secret threat that we don't know anything about. By this logic, any time a "sovereign citizen" leaves the country can they be assassinated since that group has a track record of plotting against the US and has engaged in terrorists acts? How about survivalists, another group with a track record of terrorist activities? KKK member leaves the country can we kill them, their certainly they are a terrorism organization who actively plots against the US? Let's set aside the US citizen thing, if someone post to a message board from outside the US how they would like to see the US government fall is the US justified in murdering them? After all, they are outside of the US, probably can't be captured, and to their extent possible would be plotting against the US.
At the top of page 10 we get there is not proper court to adjudicate this.
Finally, the Department notes that under the circumstances described in this paper, there exists no appropriate judicial forum to evaluate these constitutional considerations...Were a court to intervene here, it might be required to inappropriately issue an ex ante command.
Basiclly, there is not court with jurisdiction to adjudicate and if one were to intervene their ruling may not be proper.
And in section III on the same page
Section 1119, however, incorporates the federal murder and manslaughter statutes, and thus its prohibition extends only to "unlawful killing[s]"
Killing someone is only murder or manslaughter if it's unlawful
Section 1119 is best construed to incorporate the "public authority" justification
There is a "public authority" justification that can be used to exempt someone fro the letter of the law
As this paper explains below, a lethal operation of the kind discussed here would fall within the public authority exception
This paper is going to tell you that killing someone falls within this exception
It therefore would not result in an unlawful killing
Therefore it's OK to kill someone(as we saw before the authors already believe there is no court to adjudicate this claim)
In some instances, therefore, the best interpretation of a criminal prohibition is that Congress intended to distinguish persons who are acting pursuant to public authority from those who are not...for example, the application of a speed law to a policeman pursing a criminal or the driver of a fire engine responding to an alarm
An example of the public authority exception is emergency workers speeding.
The condition that an operational leader present an ‘imminent’ threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future
Although it goes on to cite 9/11 as reason why immanence cannot be used, it does not address the whole issue of clear evidence. In the case of 9-11 there was clear evidence of "Bin Laden determined to strike in US." (Not that the US didn't already try to kill him after the USS Cole and Embassy bombings) Top of page 8 gets even more specific with, and i am paraphrasing, [because some leaders may always be plotting, and the US government may not be aware of all al-Qu'ida plots, and thus cannot be confident none are about to occur]. The logical inference here is that, without clear evidence, we can assume they are always scheming for an imminent plot so an imminent threat always exists.
The paragraph at the top of page 10 lays out that because the military may do the killing, in response to the hypothetical threat, judicial over site would be unconstitutional.
Later in page 10(under III) we get the rational that these killings would not be unlawful because this paper says they and not unlawful, and as we just discussed not subject to judicial review. And at the bottom of page 12 we get the suggestion that we should think of this like a speeding by a fire engine responding to an alarm.
No. Try reading the memo. From the very first page it mentions it is for high level ranking al-Qa'ida located outside of the US.
I think the ACLU summed up your statement nicely with:
[T]he white paper assumes a key conclusion: It takes as a given that the target of the strike will be a “senior operational leader of al-Qa’ida or an associated force of al-Qa’ida,” and it reasons from that premise that judicial process is unnecessary. This is a little bit like assuming that the defendant is guilty and then asking whether it’s useful to have a trial.
So, basically all it takes is the government/president to say your al-Qa'ida and they are allowed to murder you far from any battle field and as the original NBC piece put it:
The condition that an operational leader present an ‘imminent’ threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future
They don't even need to have clear evidence you are a member of al-Qa'ida or planning anything.
Remember, as a result of signature strikes any male "of military age" is declared to be a combatant and can therefore be murdered regardless of what they are doing or where they are. And they don't even have to be of militay age as evdinced by the killing of three children who were gathering firewood last Decmber
Three individuals hit were 12, 10 and 8 years old, leading the International Security Assistance Force in Kabul to say it may have “accidentally killed three innocent Afghan civilians.
So yes, it is for high level ranking al-Qa'ida located outside of the US, but the government, who is then conducting the assassination, gets to decided who is al-Qa'ida. Nobody get to review the decision and no evidence ever has to be put forth before or after the killing.
Seriously, what "terrorist" attack in the last 10 years were you thinking of that hasn't caused a serous disproportionate response? Why do you think there seem to be more attacks in the last few years? For every couple thousand spent blowing, or attempting to blow, something up we spend hundreds or millions/billions/trillions reacting to it and every few large attacks causes the US to give away more of the "freedom(s)" that the terrorists hate. Over the last decade
the "terrorists", so to speak, [have] won.
Looks like it'll be on shelves around June 10th... Can it really be true?
No, its not true. The Ars, Amazon and EBGames all list the release date nearly a week later on June 14th.
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