tagged w/ Presidential Powers
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FBI Director: I Have to Check to See If Obama Has the Right to Assassinate Americans On U.S. Soil
Posted on March 9, 2012 by WashingtonsBlog
Yes, Obama Claims Power to Kill Americans on U.S. Soil
Fox News reports:
FBI Director Robert Mueller on Wednesday said he would have to go back and check with the Department of Justice whether Attorney General Eric Holder’s “[criteria] for the targeted killing of Americans also applied to Americans inside the U.S.
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“I have to go back. Uh, I’m not certain whether that was addressed or not,” Mueller said when asked by Rep. Tom Graves, R-Ga., about a distinction between domestic and foreign targeting
Graves followed up asking whether “from a historical perspective,” the federal government has “the ability to kill a U.S. citizen on United States soil or just overseas.”
“I’m going to defer that to others in the Department of Justice,” Mueller replied.
Indeed, Holder’s Monday speech at Northwestern University seemed to leave the door open.
Constitutional expert Jonathan Turley writes:
One would hope that the FBI Director would have a handle on a few details guiding his responsibilities, including whether he can kill citizens without a charge or court order.
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He appeared unclear whether he had the power under the Obama Kill Doctrine or, in the very least, was unwilling to discuss that power. For civil libertarians, the answer should be easy: “Of course, I do not have that power under the Constitution.”
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The claim that they are following self-imposed “limits” which are meaningless — particularly in a system that is premised on the availability of judicial review. The Administration has never said that the [Law Of Armed Conflicts] does not allow the same powers to be used in the United States. It would be an easy thing to state. Holder can affirmatively state that the President’s inherent power to kill citizens exists only outside of the country. He can then explain where those limits are found in the Constitution and why they do not apply equally to a citizen in London or Berlin. Holder was not describing a constitutional process of review. They have dressed up a self-imposed review of a unilateral power as due process. Any authoritarian measure can be dressed up as carefully executed according to balancing tests, but that does not constitute any real constitutional analysis. It is at best a loose analogy to constitutional analysis.
When reporters asked the Justice Department about Mueller’s apparent uncertainty, they responded that the answer is “pretty straightforward.” They then offered an evasive response. They simply said (as we all know) that “[t]he legal framework (Holder) laid out applies to U.S. citizens outside of U.S.” We got that from the use of the word “abroad.” However, the question is how this inherent authority is limited as it has been articulated by Holder and others. What is the limiting principle? If the President cannot order the killing of a citizen in the United States, Holder can simply say so (and inform the FBI Director who would likely be involved in such a killing). In doing so, he can then explain the source of that limitation and why it does not apply with citizens in places like London. What we have is a purely internal review that balances the practicality of arrest and the urgency of the matter in the view of the President. Since the panel is the extension of his authority, he can presumably disregard their recommendations or order a killing without their approval. Since the Administration has emphasized that the “battlefield” in this “war on terror” is not limited to a particular country, the assumption is that the President’s authority is commensurate with that threat or limitless theater of operation. Indeed, the Justice Department has repeatedly stated that the war is being fought in the United States as well as other nations.
Thus, Mueller’s uncertainty is understandable . . . and dangerous. The Framers created a system of objective due process in a system of checks and balances. Obama has introduced an undefined and self-imposed system of review ….
Before you assume that Mueller’s comments are being blown out of proportion, remember that it has been clear for some time that Obama has claimed the power to assassinate U.S. citizens within the U.S. As we pointed out in December:
I’ve previously noted that Obama says that he can assassinate American citizens living on U.S. soil.
This admittedly sounds over-the-top. But one of the nation’s top constitutional and military law experts – Jonathan Turley – agrees.FBI Director: I Have to Check to See If Obama Has the Right to Assassinate Americans... more
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As Iraq and Afghanistan have virtually disappeared from mainstream media coverage, Democracy Now!'s Juan Gonzalez has a wide-ranging conversation with Pentagon whistleblower Daniel Ellsberg and longtime consumer advocate Ralph Nader about the ongoing U.S. military occupation of Iraq and Afghanistan and how this connects to the attack on worker rights in Wisconsin and beyond. "More than a $120 billion a year [is] being wasted, hurting the welfare, really, of the people of Afghanistan and of Iraq," says Ellsberg. "It's outrageous that this is continuing and that these events are not linked, that people don’t realize that it’s simply outrageous to be talking about removing fuel from elderly during the winter here, fuel aid and health aid and education aid, while we’re spending this money on the wars, these totally wrongful and unnecessary wars. "
Protests against the occupations and the treatment of Manning are planned for this weekend.
CLICK ON THE IMAGE ABOVE TO WATCH THE INTERVIEWAs Iraq and Afghanistan have virtually disappeared from mainstream media coverage,... more
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President Obama finds out who the most powerful person in the world really is.
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corporate leaders and privacy advocates object to provision in Congress to give President
power to shut down internet traffic in an emergency.corporate leaders and privacy advocates object to provision in Congress to give... more
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Sen. Kay Bailey Hutchison (R-Tex.) argued on this page this week ["Czarist Washington," op-ed, Sept. 13] that the Obama administration's "czars" are effectively in those positions unconstitutionally because their hiring creates "precisely the kind of ambiguity the Framers sought to prevent." Far from undermining the separation of powers, however, the president's right to organize his White House policymaking apparatus is protected by that very constitutional principle.
The White House czars are presidential assistants charged with responsibility for given policy areas. As such, they are among the president's closest advisers. In many respects, they are equivalent to the personal staff of a member of Congress. To subject the qualifications of such assistants to congressional scrutiny -- the regular confirmation process -- would trench upon the president's inherent right, as the head of an independent and equal branch of the federal government, to seek advice and counsel where he sees fit.
As Hutchison points out, the result of a president seeking counsel where he likes may well be embarrassment -- as was the case with "green jobs czar" Van Jones, who recently resigned over revelations of his ties to radical groups and his apparent endorsement of Sept. 11 conspiracy theories. Barack Obama has taken the political hit -- and he is not the first president to pay that price. In 2006, Claude Allen, a domestic policy adviser to President George W. Bush, resigned after being accused of shoplifting.
This raises a second point in the Obama administration's favor: Some of the positions many are now criticizing have existed for years. As The Post reported this week: "By one count, Bush had 36 czar positions filled by 46 people during his eight years as president." Historically, presidents have turned to special advisers.
However much the czars may drive the policymaking process at the White House, they cannot -- despite their grandiose (and frankly ridiculous) appellation -- determine what that policy will be. The Constitution's "appointments clause" requires that very senior federal officials be appointed with the Senate's consent, though lesser appointments can be made by the president, agency heads or the courts, as Congress provides. Well-established Supreme Court precedent holds that an "officer" subject to these requirements is one who exercises "significant authority pursuant to the laws of the United States."
This is the critical difference between the White House czars and federal officials who must be confirmed by the Senate. In the absence of legislation (such as that creating the Office of Drug Control Policy, whose director is the "drug czar"), the only power exercised by White House czars comes from their proximity to the president and the access this provides. Yes, as many will note, that truly is power. But it is not significant authority under U.S. law -- which only the Constitution or Congress can confer.
Thus, White House "Energy and Environment Czar" Carol Browner can analyze, develop, advise, hold meetings and pound the table all she likes on energy and environment issues, but she can determine nothing. Her signature on any order, decision or regulation establishing or altering Americans' legal obligations would be meaningless, unenforceable by a court.
Contrast this with Browner's authority as Senate-confirmed administrator of the Environmental Protection Agency during the Clinton administration, when her signature on regulations gave them the force and effect of law, fully enforceable in the courts, not infrequently by substantial fines and even jail time.
More....Sen. Kay Bailey Hutchison (R-Tex.) argued on this page this week ["Czarist... more
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