July 19, 2012
March 6, 2012
news 000 drones, 18, 5th amendment, al qaeda, Anwar al Awlaki, assassinate US citizens, Bill of Rights, Constitution, due process, terrorists, trial by jury Comments Off on We Take Care of Our Own: Eric Holder and the End of Rights
Well I never thought I’d be posting an article from the Huffington Post,but I am.
Attorney General Eric Holder was at Northwestern University law school Monday explaining President Barack Obama’s claimed authority to kill any American if he unilaterally determines them to be a threat to the nation. The choice of a law school was a curious place for discussion of authoritarian powers. Obama has replaced the constitutional protections afforded to citizens with a “trust me” pledge that Holder repeated Monday at Northwestern.
Peter Van Buren Fmr. State Department Iraq PRT leader; Author, ‘We Meant Well
Historians of the future, if they are not imprisoned for saying so, will trace the end of America’s democratic experiment to the fearful days immediately after 9/11, what Bruce Springsteen called the days of the empty sky, when frightened, small men named Bush and Cheney made the first decisions to abandon the Constitution in the name of freedom and created a new version of the security state with the Patriot Act, Guantanamo, secret prisons and sanctioned torture by the U.S. government. They proceeded carefully, making sure that lawyers in their employ sanctioned each dark act, much as kings in old Europe used the church to justify their own actions.
Those same historians will remark from exile on the irony that such horrendous policies were not only upheld by Obama, a Nobel Peace Prize winner and professor of Constitutional law, but added to until we came to the place we sadly occupy today: the Attorney General of the United States, Eric Holder, publicly stating that the American Government may murder one of its own citizens when it wishes to do so, and that the requirements of due process enshrined in the Constitution’s Fifth Amendment, itself drawn from the Magna Carta that was the first reflowering of basic human rights since the Greeks, can be satisfied simply by a decision by that same president.
Yesterday will thus be remembered as the day we gave up. No more clever wordplay (enhanced interrogations, “patriot” act, targeted killing, kinetic operations) but a simple declaration that the U.S. government will kill its own citizens when it wishes to, via a secret process we, and our victims, are not allowed to know or contest.
Brevity in Our Freedom
Like most of the Bill of Rights, the Fifth Amendment to the Constitution is beautiful in its brevity and clarity. When you are saying something true, pure, clean and right, you often do not need many words: “… nor be deprived of life, liberty, or property, without due process of law.”
There are no footnotes in the Fifth Amendment, no caveats, no secret memos, no exceptions for war, terrorism, mass rape, creation of concentration camps, acts of genocide, child torture or any evil. Those things are unnecessary, because in the beauty of what Lincoln offered to his audience as “a government of the people, by the people, for the people,” the government would be made up of us, the purpose of government was to serve us, and the government would be beholden to us. Such a government would be incapable of killing its own citizens without care and debate and open trial.
Fear Shaped by Lies to Compel Compliance
In his speech, Attorney General Holder said things no honest man would ever believe would be said by the highest law officer in the United States.
Holder said “that a careful and thorough executive branch review of the facts in a case amounts to ‘due process’ and that the Constitution’s Fifth Amendment protection against depriving a citizen of his or her life without due process of law does not mandate a ‘judicial process.'”
Holder thus also declaimed that the victim also has no right to a defense, no right to speak on his behalf, no right to examine and refute the evidence against him and no right even to know his life will be taken under the decision of a few men in Washington. Indeed, Holder made clear that the government’s decision to kill overshadowed the right to self-defense in saying “An individual’s interest in making sure that the government does not target him erroneously could not be more significant. Yet it is imperative for the government to counter threats posed by senior operational leaders of al Qaeda, and to protect the innocent people whose lives could be lost in their attacks.”
Holder said he rejected any attempt to label such operations assassinations, invoking the same airbrush of lawfulness that fueled the Inquisition, the Salem Witch Trials and the Holocaust. “Assassinations are unlawful killings. The U.S. government’s use of lethal force in self-defense against a leader of al Qaeda or an associated force who presents an imminent threat of violent attack would not be unlawful.”