Cross posted from Frederick Leatherman Law Blog.
Since the New York Times published an article about President Obama’s assassination-by-drone program, several writers, including Glenn Greenwald (here, here, here, here, and here), Tom Engelhardt (here), and Kevin Gosztola (here, here, here, here here and here) have posted articles condemning it.
I am appalled and sickened by Obama’s definition of a “militant” as any male of military age within the strike zone, unless posthumously determined to be innocent. This is a conclusive presumption of guilt and death sentence based on apparent age, gender and presence near an intended target, or in the case of signature strikes, mere association with others who also fit the definition and profile of a militant.
There is no discernible difference between this policy and the Vietnam War policy,
Kill ‘em all and let God sort them out.
The decision to target a specific individual depends on the information available about that individual which may come from a variety of sources who are reliable and unreliable. The Attorney General and the President of the United States, who is a former Constitutional Law professor, assure us that the process by which the president decides whom to kill satisfies the Due Process Clause of the Fifth Amendment. Yet, the president does nothing more than review a Power Point production with a photo of the individual under consideration with a bullet point list of alleged roles and activities in which he has engaged.
I was a criminal defense attorney for 30 years defending people charged with felonies, including death penalty offenses, and a law professor for three years teaching Criminal Law, Criminal Procedure and Causes of Wrongful Convictions. I can assure y’all that the process by which he makes these decisions is materially indistinguishable from a Star Chamber Proceeding. That is precisely what the Due Process Clause was intended and designed to prevent.
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