ACLU sues Obama for assassination secrecy

Glenn Greenwald reports:

The ACLU yesterday filed a lawsuit against various agencies of the Obama administration — the Justice and Defense Departments and the CIA — over their refusal to disclose any information about the assassination of American citizens. In October, the ACLU filed a FOIA request demanding disclosure of the most basic information about the CIA’s killing of 3 American citizens in Yemen: Anwar Awlaki and Samir Khan, killed by missiles fired by a U.S. drone in September, and Awlaki’s 16-year-old son, Abdulrahman, killed by another drone attack two weeks later. The ACLU’s FOIA request sought merely to learn the legal and factual basis for these killings — meaning: tell us what legal theories you’ve adopted to secretly target U.S. citizens for execution, and what factual basis did you have to launch these specific strikes? The DOJ and CIA responded not only by refusing to provide any of this information, but refused even to confirm if any of the requested documents exist; in other words, as the ACLU put it yesterday, “these agencies are saying the targeted killing program is so secret that they can’t even acknowledge that it exists.” That refusal is what prompted yesterday’s lawsuit (in December, the New York Times also sued the Obama administration after it failed to produce DOJ legal memoranda “justifying” the assassination program in response to a FOIA request from reporters Charlie Savage and Scott Shane, but the ACLU’s lawsuit seeks disclosure of both the legal and factual bases for these executions).

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Secret discretionary court-less American executions

Here's how Barack Obama's Defense Secretary (and former CIA chief) Leon Panetta attempts to justify secret American executions of American citizens without any judicial proceedings. You will never hear more circular reasoning. Here's my take-home on Panetta's "explanation": In these modern times, all you need to do is convince the President to mutter the code word "terrorist" and then you start the killing. The President of the United States has become judge and jury, but you won't find permission for this conduct anywhere in the United States Constitution. This approach is part of the modern "terrorism" exception large swaths of federal and state law. Declaring someone a "terrorist," despite the incredible vagueness of the term, trumps all other laws. "Terrorism" is a term that is waved around to justify anything at all and to simultaneously compel anyone who questions its use to shut up lest they be accused of also being "terrorists." It is the battle-cry for the modern witch hunt that seeks to muzzle journalists and concerned citizens, in order to facilitate intoxicated U.S. warmongering. "Terrorism" is also a code-word for pretending to explain why we are ignoring most of our domestic needs. The unbridled use of the word "terrorism" is supported by a cottage industry of absurdly unqualified "terrorism" experts. The Obama Administration's reprehensible approach to lawless enforcement is a dangerous power grab that knows no bounds. Who will be declared a "terrorist" next? Someone who vigorously protests U.S. warmongering? A journalist who is working to expose U.S. military abuses and cover-ups? How wide is this circle? Does it include those who might be accused of "sympathizing" with "terrorists" in that they publicizing why it is that some groups who have been labeled "terrorists" are undeniable victims of the actions and policies of the United States and its surrogates? Glenn Greenwald dissects this incredibly disingenuous statement. As he so aptly points out, where is the outcry from Democrats? When George W. Bush was pulling less-reprehensible stunts, there was intense criticism.

This is one of the towering, unanswerable hypocrisies of Democratic Party politics. The very same faction that pretended for years to be so distraught by Bush’s mere eavesdropping on and detention of accused Terrorists without due process . . . The way the process normally works, as Reuters described it, is that targeted Americans are selected “by a secretive panel of senior government officials, which then informs the president of its decisions”; moreover, “there is no public record of the operations or decisions of the panel” nor “any law establishing its existence or setting out the rules by which it is supposed to operate.” So, absent a fortuitous leak (acts for which the Obama administration is vindictively doling out the most severe punishment), it would be impossible for American citizens to know that they’ve been selected for execution by President Obama (and thus obviously impossible to assert one’s due process rights to stop it).

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The rules of the game in the age of the “war on terror”

Glenn Greenwald notes several recent legal decisions, all of which accord with the following rules for deciding cases in the age of the war against "terrorism." The Rules of American Justice are quite clear, and remain in full force and effect:

(1) If you are a high-ranking government official who commits war crimes, you will receive full-scale immunity, both civil and criminal, and will have the American President demand that all citizens Look Forward, Not Backward.

(2) If you are a low-ranking member of the military, you will receive relatively trivial punishments in order to protect higher-ranking officials and cast the appearance of accountability.

(3) If you are a victim of American war crimes, you are a non-person with no legal rights or even any entitlement to see the inside of a courtroom.

(4) If you talk publicly about any of these war crimes, you have committed the Gravest Crime — you are guilty of espionage – and will have the full weight of the American criminal justice system come crashing down upon you.

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Today’s target of American civil rights abuses

Glenn Greenwald agrees with Law Professor Jonathan Turley that Americans are facing "ten major, ongoing assaults on core civil liberties, expanded during the Bush administration yet vigorously continued and/or expanded by President Obama:

Assassination of U.S. citizens; Indefinite detention; Arbitrary justice; Warrantless searches; Secret evidence; War crimes; Secret court; Immunity from judicial review; Continual monitoring of citizens; and Extraordinary renditions.
In today's column, Greenwald asks "who are generally the victims of these civil liberties assaults?" Perhaps his question could be tweaked as follows: "Who are today's victims of these civil liberties assaults?" Here is his answer:
The answer is the same as the one for this related question: who are the prime victims of America’s posture of Endless War? Overwhelmingly, the victims are racial, ethnic and religious minorities: specifically, Muslims (both American Muslims and foreign nationals). And that is a major factor in why these abuses flourish: because those who dominate American political debates perceive, more or less accurately, that they are not directly endangered (at least for now) by this assault on core freedoms and Endless War (all civil liberties abuses in fact endanger all citizens, as they inevitably spread beyond their original targets, but they generally become institutionalized precisely because those outside the originally targeted minority groups react with indifference).
This endless war and civil rights abuses are destroying the American character. On this point, Greenwald refers to Martin Luther King's 1967 speech critical of the Vietnam War, which includes this passage:
I knew that America would never invest the necessary funds or energies in rehabilitation of its poor so long as adventures like Vietnam continued to draw men and skills and money like some demonic destructive suction tube. So I was increasingly compelled to see the war as an enemy of the poor and to attack it as such . . . .
Like so much of Greenwald's research and writing, today's column is detailed and precisely and persuasively argued. I would highly recommend reading the entire original.

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Conservative Fantasy Role Playing

I wonder sometimes how a modern conservative maintains. Romney has won the New Hampshire primary.  All the buzz now is how he’s going to have a much tougher fight in South Carolina, primarily because of the religious and social conservatives who will see him as “not conservative enough.”  There is a consortium of social conservatives meeting this week in Texas to discuss ways to stop him, to elevate someone more to their liking to the nomination.  And right there I have to wonder at what it means anymore to be a conservative. I grew up, probably as many people my age did, thinking of conservatism as essentially penurious and a bit militaristic.  Stodgy, stuffy, proper.  But mainly pennypinching.  A tendency to not do something rather than go forward with something that might not be a sure thing. I suppose some of the social aspect was there, too, but in politics that didn’t seem important.  I came of age with an idea of fiscal conservatism as the primary trait. That doesn’t square with the recent past.  The current GOP—say since Ronny Reagan came to power—has been anything but fiscally conservative, although what they have spent money on has lent them an aura of responsible, hardnosed governance.   Mainly the military, but also subsidies for businesses.  But something has distorted them since 1981 and has turned them into bigger government spenders than the Democrats ever were.  (This is not open to dispute, at least not when broken down by administrations.  Republican presidents have overseen massive increases in the deficit as opposed to Democratic administrations that have as often overseen sizable decreases in the deficit, even to the point of balancing the federal budget.  You may interpret or spin this any way you like, but voting trends seem to support that the choices Republican presidents have made in this regard have been supported by Republican congressmen even after said presidents have left office.) [More . . . ]

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