What Holder is saying, in substantive terms, is that the President does have the supposed authority to use a drone to kill an American who is engaged in "combat," whether here or abroad. "Combat" can consist of expressing support for Muslims mounting armed resistance against U.S. military aggression, which was the supposed crime committed by Anwar al-Awlaki, or sharing the surname and DNA of a known enemy of the state, which was the offense committed by Awlaki's 16-year-old son, Abdel. Under the rules of engagement used by the Obama Regime in Pakistan, Yemen, and Afghanistan,
any "military-age" male found within a targeted "kill zone" is likewise designated a "combatant," albeit usually after the fact [update: children too]. This is a murderous application of the "Texas Sharpshooter Fallacy," and it will be used when -- not if -- Obama or a successor starts conducting domestic drone-killing operations.
Holder selected a carefully qualified question in order to justify a narrowly tailored answer that reserves an expansive claim of executive power to authorize summary executions by the president.
Indeed, the Supreme Court ruled in Hamdi that American citizens can be treated as enemy combatants.
But the determination of who is a "combatant" is made in secret and without judicial review. For example, AP notes:
Pentagon counsel Jeh Johnson said only the executive branch, not the courts, is equipped to make military battlefield targeting decisions about who qualifies as an enemy.
Secretive, unaccountable agencies are making life and death decisions that effect our most basic rights. They provide "secret evidence" to courts that cannot be checked and often withhold any such "evidence" even from the judges. For example:
"I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules -- a veritable Catch-22," the judge wrote. "I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for their conclusion a secret."
The government uses "secret evidence" to spy on Americans, prosecute leaking or terrorism charges (even against U.S. soldiers) and even assassinate people.
Secretive, unaccountable agencies are making life and death decisions which effect our most basic rights. They provide "secret evidence" to courts which cannot be checked " and often withhold any such "evidence" even from the judges. For example:
"I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules -- a veritable Catch-22," the judge wrote. "I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions [i.e. assassinations] that seem on their face incompatible with our Constitution and laws, while keeping the reasons for their conclusion a secret."
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