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 dark side of the new military authorization bill

Glenn Greenwald spells out the concerns we should all have with the new military authorization bill (2012 National Defense Authorization Act (NDAA)), well on its way to passage:

Here are the bill’s three most important provisions:
(1) mandates that all accused Terrorists be indefinitely imprisoned by the military rather than in the civilian court system; it also unquestionably permits (but does not mandate) that even U.S. citizens on U.S. soil accused of Terrorism be held by the military rather than charged in the civilian court system (Sec. 1032); (2) renews the 2001 Authorization to Use Military Force (AUMF) with more expansive language: to allow force (and military detention) against not only those who perpetrated the 9/11 attacks and countries which harbored them, but also anyone who “substantially supports” Al Qaeda, the Taliban or “associated forces” (Sec. 1031); and, (3) imposes new restrictions on the U.S. Government’s ability to transfer detainees out of Guantanamo (Secs. 1033-35).
There are several very revealing aspects to all of this. First, the 9/11 attack happened more than a decade ago; Osama bin Laden is dead; the U.S. Government claims it has killed virtually all of Al Qaeda’s leadership and the group is “operationally ineffective” in the Afghan-Pakistan region; and many commentators insisted that these developments would mean that the War on Terror would finally begin to recede. And yet here we have the Congress, on a fully bipartisan basis, acting not only to re-affirm the war but to expand it even further: by formally declaring that the entire world (including the U.S.) is a battlefield and the war will essentially go on forever.

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Inventor says police are abusing weapons-grade pepper spray

From Democracy Now:

We speak with Kamran Loghman, the expert who developed weapons-grade pepper-spray, who says he was shocked at how police have used the chemical agent on non-violent Occupy Wall Street protesters nationwide — including students at University of California, Davis, female protesters in New York City, and an 84-year old activist in Seattle. “I saw it and the first thing that came to my mind wasn’t police or students, it was my own children sitting down having an opinion and they’re being shot and forced by chemical agents,” says Loghman, who in the 1980s helped the FBI develop weapons-grade pepper -spray, and collaborated with police departments to develop guidelines for its use. “The use was just absolutely out of the ordinary and it was not in accordance with any training or policy of any department that I know of. I personally certified 4,000 police officers in the early ‘80s and ‘90s and I have never seen this before. That’s why I was shocked... I feel is my civic duty to explain to the public that this is not what pepper spray was developed for.”

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