Text of the act:Master of Ossus wrote:He's not a criminal. He's a designated individual under the Authorization for Use of Force Against Terrorists.
So, how exactly did President Obama "determine" that al-Awlaki "planned, authorized, committed, or aided the terrorist attacks that occured on September 11, 2001?" Or that he "harbored such organizations or persons?" Will that be coming out in a Revised 9/11 Commission Report that explains al-Awlaki's involvement?(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
Or is this a bullshit argument, since al-Awlaki has nothing to do with the 9/11 attacks?
Moreover, Congress passing a law does not make something constitutional. It is still unconstitutional to deprive American citizens of their lives without due process of law.
Is "the president determines" due process? If not, then it is this act of Congress which is unconstitutional, at least when it is applied to American citizens. Congress does not get to pass out free "screw the Constitution" passes, you see.
So what would they pin on him? Incitement to commit attempted murder via setting own genitalia on fire with improvised underwear bomb?Even if he WERE a criminal, while you are correct that merely inspiring another to commit a crime, al-Awlaki's involvement goes much deeper. Depending on the exact criminal statutes that are used in the relevant jurisdiction, it's easy to see him convicted for inciting (or, in the more modern formulation, encouraging) the commission of crimes or having been an accessory to crimes.
Man, have we gotten so lame and vindictive that we're executing people for that?
So, can he apply that power of his office as Commander in Chief arbitrarily, and without limit? Does he get to decide that Michael Moore is now a military enemy of the United States because he saw a cartoon parody of the guy wearing a suicide vest when he watched Team America: World Police? Does he get to decide that everyone on Sarah Palin's campaign mailing list is a military enemy of the United States because of the infamous crosshair ad?And guess what? The President is the Commander in Chief of the country's armed forces. He is fully qualified to make the determination as to when to employ military force against enemies of the country. That is one of the central powers of the Presidency. Part and parcel to that is the ability to determine who is a military enemy of the United States.
Where are the fucking limits on this? I feel I, as an American citizen, have a right to know this, so that I can avoid being killed.
1) No, it isn't; Congress doesn't have the power to sentence American citizens to death without due process of law.1. That is within Congress' power to do.(and that speaks to the problem of treating counterterrorism as primarily military in nature) in such a way that it can be independently evaluated. We just have a closed system of the alphabet-soup agencies and the executive, able to kill whoever they want as long as they can rally public support against them and cross their fingers when telling people how they've got all sorts of evidence. And Congress handed that authority right to them.
2. It is within the President's power to use the nation's military forces.
3. THIS IS A GOD DAMNED WAR. What the fuck do you think we did with Nazis or Vietcong or North Koreans or Iraqis? Read them their Miranda rights before shooting at them? Enemy combatants do not have due process rights.
2) It is not within the president's power to use the armed forces to make himself a tyrant. What insurance do we have against him doing exactly that, if he may select and kill American citizens whenever he pleases, based purely on his own opinion that they are enemies of the United States?
3) Who identifies American citizens as enemy combatants? How is this decision made, and by what authorities? Who gets to review their decisions? If this were being done by the simple rule of "if he's on the battlefield shooting at our troops he's an enemy combatant," that would be easy. Because you could identify enemy combatants as "the enemies who are engaged in combat." But when "enemy combatant" can mean "rabblerouser who's never touched a weapon in his life" or "person whose words inspire some of the people fighting on the other side," or things even vaguer than that... well, who decides? What is the review process?
So, there will be no examination of the basis on which people have decided to kill him until he surrenders himself to the people who have already resolved to kill him, and feel no particular obligation to honor the legalities in the process?They don't show it because they're under no obligation to show it. He's an enemy combatant. He's not entitled to due process. He's not entitled to a trial. If he surrenders himself, then he can have a trial and all the evidence that you want, but right now he hasn't surrendered, so it's irrelevant.
Does this not strike you as something of a Catch-22?
This is not due process of law. "Congress says so" is not due process in and of itself; Congress can pass and has passed laws which violate the Constitution.Master of Ossus wrote:The President, with the knowledge and consent of Congress.Simon_Jester wrote:What concerns me is... who decided that al-Awlaki is a target for the military, to be killed without warning?
Moreover, even your basis for asserting that Congress has given Obama powers which he can use to kill al-Awlaki is based on an absurd lie: the claim that al-Awlaki is responsible for the 9/11 attacks.
What security does this grant?The political process.What security do we have that this decision-making process will not be applied arbitrarily to innocent American citizens, or even to domestic political opponents of the US government?
Many political processes throughout history have led to vile, murderous tyranny. One-party states with death squads killing and intimidating the opposition are hardly an unusual failure state for a democracy; we have seen this over and over throughout the Western world in the past two centuries.
What legal requirements must the president pass in order to use this power you claim he has to, say, assassinate the leadership of a rival political party? Who will stop him from doing so, if he should not do so? What will happen if he does do so?
Osama bin Laden has no rights under the US Constitution. Al-Awlaki has rights under the US Constitution. The US Constitution is a binding legal document which applies to the US government. Therefore, it is simpler for the US government to justify assassinating bin Laden (who has no rights under the binding legal document) than to justify assassinating al-Awlaki (who has rights under the binding legal document).HOW? How does that make it simpler? Citizenship has nothing at all to do with the determination that al-Awlaki is a military target.The logic in identifying bin Laden as a military target is made simpler by the fact that he is not an American citizen, and by the fact that the states where he could claim citizenship or residency had formally declared him persona non grata.
So, is there anything stopping Barack Obama from assassinating leaders of the Republican Party right now? I mean, if he has an unlimited power to determine who is hostile and who is not... why can't he suddenly turn into a right wing nutjob's worst nightmare, with actual black helicopters and rounding up Christian fundamentalists and throwing them into concentration camps and shit like that?NO. He's not entitled to due process. I've made this point repeatedly. Absolutely no SCOTUS case, or any other source of law, stands for the proposition that enemy combatants are so entitled. With good reason: it makes NO SENSE during an armed conflict to extend this right to the enemy. In fact, in a great many circumstances, individual soldiers on the ground, subject to the rigors and confusion of battle, are tasked to decide whether or not the people around them are enemy combatants. What process do they get? THIS IS PART OF THE EXERCISE OF MILITARY FORCE. There's really no getting around it. You cannot deny members of the Executive Branch the prerogative to determine who is hostile and who is not during an armed conflict. It is part and parcel of having a military.
What is stopping him, if he has unlimited power to define American citizens as enemies of the state and do as he pleases to them?
Is the only thing that stops him his own sense of decency? If so, are you really that comfortable knowing that your life and freedom depend in perpetuity on American political leaders having a sense of decency?
But the US government is under no obligation to allow him to surrender- he may be bombed from the air at any time; he may be shot on sight long before he gets close enough to communicate a wish to surrender. While he need not be killed, he may be killed at any time.He has not been placed under a de facto death sentence. If he surrenders, he cannot be killed by the Executive without a judicial action. But he hasn't surrendered. That's the whole god damned point.The process by which al-Awlaki has been placed under a de facto death sentence is secret, having been made entirely behind closed doors as an internal executive branch decision.
Because he has been designated an enemy combatant by some undefined process that can be applied at will by the president to any American citizen at any time.
So, the president can identify American citizens as "enemy combatants" at will. He is not answerable to anyone, no one has veto power over this, and this permits him to issue binding orders to the US military to kill that person by any means available.Again, al-Awlaki's citizenship has absolutely no relation with his designation as an enemy combatant. None.Who is responsible for this power of life and death over American citizens? How are we to be sure that this sort of thing won't be applied, in future, to anyone the president of the United States, or his subordinates, would like to see dead?
Did I get that right?
If so, does the Fourth Amendment even mean anything? Or does it only apply to people the state hasn't gotten around to making it inapplicable to?
What field? How is al-Awlaki even in "the field?" Where are the limits of this "field" on which we are fighting terrorism? Can someone tell me where this war zone is, so that I may avoid it? Is "the field" restricted to places where people are shooting at American troops? Can it be arbitrarily extended at any time by one side of the war? Which side? Is there any place which is sacrosanct from being declared part of "the field?"No, there shouldn't be. You cannot have a military that bars its members from employing force on their own volition. The most you can do is define the scope of their authority to implement force. What you propose is totally antithetical to the concept of an effective military. It makes ZERO sense to obligate the military to seek judicial approval for the application of force in the field.There really should be some security here beyond "the innocent have nothing to fear; don't become an enemy of the state and you won't be killed."
Suppose Barack Obama declares the headquarters of the Republican National Convention to be a battleground in the war on terror, and orders his troops to bomb it.
Clearly, this cannot happen, it is unacceptable and unthinkable. Surely, he will not do this thing.
But why not? What will prevent him from doing so? Luck? His sense of decency? His presumed inability to form military units willing to obey such an order? What makes it unthinkable that the president would use force against his political opponents? What legal assurances do we have that the military can ignore such an order without themselves being liable to punishment for mutiny?
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To make matters worse, how do we identify enemy combatants? When enemy combatants are shooting at us, it is easy: "enemy combatant" means "the man who is engaged in combat with us." He is made an enemy by simple, irrefutable evidence such as the bullets flying past our heads. Or by the uniform he is wearing, or some such thing.
But what rigorous process is used to declare random people enemy combatants? What security is there that this will not be abused?
Never before in American history was a president said to have the power to arbitrarily identify, mark for death, and kill American citizens without trial. Not even in far more desperate wars. What changed?
Nonsense. The problem here is not that there are not enough checks and balances in the Constitution, it is that they are ignored in your pro-tyranny argument.Moreover, your criticism obviously devolves to "the Constitution does not provide sufficient checks and balances; I think there should be more." That is NOT a legal argument--it is the exact opposite of one. You have consistently attempted to frame your claims in the context of legal doctrine, but you have consistently misstated the law in your efforts to do so.
Congress passed a law which can be interpreted as permitting the president to do something unconstitutional (deprive American citizens of life, liberty, or property without due process). This has happened before- it is why we have checks and balances, in this case why we have judicial review. Unfortunately, in this case, the Supreme Court has failed its responsibility to rule on this law and protect the Fourth Amendment rights of American citizens, but that just means they are derelict of duty, not that there is a flaw in the Constitution.
And now, you have misapplied this law to someone not covered under its provisions, extending it to say that the president of the United States may commit this unconstitutional act at any time, at will, on a whim. This did not happen because of some flaw in the Constitution. It happened because you are an advocate of tyranny,* and a liar.**
There is nothing wrong with the Constitution in this case. There are merely things wrong with the branches of our government and their failure to uphold their oaths to defend the Constitution. And things wrong with you.
*I will not say "fascist" because there are many elements of fascism missing from your argument, such as anti-intellectualism and glorification of the State as the personification of the national Will. You are not a fascist. You are merely an advocate of tyranny.
**I say "liar" because it strains belief that you missed the key passage in the extremely short law you cite, the one saying that the law in question, unconstitutional though it may be, applies to "those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001" I believe you know damn well what this law says, and are stretching it to apply to other things because you want more tyranny.