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Subscribe to RSSThe U.S. government is legally justified in killing its own citizens overseas if they are involved in plotting terror attacks against America, Attorney General Eric Holder said Monday, offering the Obama administration's most detailed explanation so far of its controversial targeted killing program.
"In this hour of danger, we simply cannot afford to wait until deadly plans are carried out, and we will not," he said in remarks prepared for a speech at Northwestern University's law school in Chicago.
An American-born Islamic cleric, Anwar al Awlaki, was killed in a U.S. drone attack in Yemen in late September. Some civil liberties groups condemned the attack. Others, including members of Congress, called for a more complete explanation of how such a targeted killing of an American civilian was consistent with the U.S. Constitution.
The Fifth Amendment provides that no one can be "deprived of life" without due process of law. But that due process, Holder said, doesn't necessarily come from a court.
"Due process and judicial process are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process," the attorney general said.
Holder said a U.S. citizen can legally be targeted in a foreign country if that person is "a senior leader of al-Qaida or associated forces," and is actively involved in planning to kill Americans. Killing would be justified if the person poses an imminent threat of a violent attack against the U.S. and cannot easily be captured.
Any military operation targeting a citizen overseas must be carried out consistent with the law of war. "The principle of humanity requires us to use weapons that will not inflict unnecessary suffering," he said.
The ACLU called Holder's explanation "a defense of the government’s chillingly broad claimed authority to conduct targeted killings of civilians, including American citizens, far from any battlefield without judicial review or public scrutiny."
"Few things are as dangerous to American liberty as the proposition that the government should be able to kill citizens anywhere in the world on the basis of legal standards and evidence that are never submitted to a court, either before or after the fact," said Hina Shamsi, director of the ACLU’s National Security Project.
"Anyone willing to trust President Obama with the power to secretly declare an American citizen an enemy of the state and order his extrajudicial killing should ask whether they would be willing to trust the next president with that dangerous power,” she said.
The ACLU is suing the Obama administration, seeking to have documents regarding the targeted killing program made public.
Holder said it makes no legal difference that a U.S. citizen is targeted away from a traditional battlefield. "We are at war with a stateless enemy," he said.
While the U.S.-born cleric, Anwar al Awlaki, was at first believed to be merely an English speaking propagandist for the Yemen based group known as Al Qaeda in the Arabian Peninsula, U.S. officials say he gradually assumed an operational role in the terror group.
According to federal prosecutors, Umar Abdul Abdulmutallab, the underwear bomber, told FBI interrogators that al Awlaki was deeply involved in planning his attempted bombing of a Detroit bound passenger jet on Christmas day in 2009.
Holder said Abdulmutallab told the FBI of "al Awlaki's specific instructions to wait until the airplane was over the United States before detonating the bomb."
The attorney general told the law students that the government is under no legal obligation to delay a targeted killing operation until a terrorist plotter is in the process of carrying out an actual attack.
"The Constitution does not require the president to delay action until some theoretical end stage of planning, when the precise time, place, and manner of an attack become clear," he said.
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If they are working or with known terrorist groups plotting terror attacks against America, shoot first , second dig hole, throw in hole, apply dirt, Last but no least, "HAVE A COLD BUD"!! Sgt.Butch USMC/ America First....
If the ACLU fine their vison on the side of the American Terrorist, hell let them take it up with one of their own Anwar al Awlaki from the group "Al Qaeda" I'm suer they know where to look for him... MY HEART FEELS FOR THEM.....Simper Fi
Couldn't have been said better by a Nazi SS about the Jews. Deutschland Uber Alles. You'd have fit right in. Oh, and learn how to spell Semper Fi ...
Semper Fi - James - and yes, the enemy, who's focus is those virgins, let's help them out. Rule of law ok, but why should we even consider for a nano second the protection of someone is / has sworn to kill citizens? Does anyone on the other side stop to consider rule of law? I don't think so. Why do we have to continue to push a string up hill when the other side works hard at curcumventing rules of law and killing citizens just because their faith is different? We here as christians, don't plot the death of muslims - this citizen is fed up with giving the sworn enemy a break.
Does anyone reall give a s-it what this guy Holder has to say? He'll talk out of the other side of his mouth tomorrow.
stupid is as stupid does
If you declare yourself a combatant, an enemy - then you're the bad guy and we should and do have the right to shoot dead the enemy. The enemy doesn't care a whit for rule of law, their focus is those virgins - let's help them out.
So all the LEFT WING Liberals righteous indignation and bitching about Bush was just the Liberals being hypocrites after all. Liberals pure hypocrites.
This Socialist (not a Liberal--there's a big difference) was filled with righteous indignation about Bush and is equally filled with righteous indignation in this instance.
This whole administration should be tried for crimes against its own people. Obama is a joke and so is idiot Holder. Holder calls himself a lawyer.
I believe Eric Holder can do just about anything he wants to do....am I right liberals? If this was a republician...you would be screaming bloody murder...but...since it's Obama & his right hand man Holder...I guess it's ok....you liberals are a bunch of hipocrites.....and Holder used to defend terroist when he was a lawyer.....what a freaking joke he is....and you know what...the soldiers that burned the Quran...I bet Obama will let them be tried by the Afgans....
If this was a Republican, you would think it was just fine.
Dixieg: I'm a leftie and I think this is terrible, ghastly, and utterly unconstitutional.
Holder's words terrorize me to the heart. That makes him a terrorist, right? Holder needs to go back to law school. If Obama and his law-less gang don't scare the bejeebies out of you, you are not using your brain. They frighten me so much that I barely leave my house. I'm serious.
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So who do you think they will target next ? You ? They can if they want.
Wow I do not understand some of the people's views here. Plotting attacks against they United States is not justification enough for drastic action? Do we need more attacks like 9/11 for you to change your mind (at least for the moment, right)? Every single one of you is a fairweather citizen. Condemning the government for taking decisive action in horrible situations that you yourself won't touch with a ten foot pole. While at the same time whining when things go wrong that government sits back and does nothing. We need to show our military might to the WORLD, that when you plot against America and take action against it's citizens you WILL BE DEALT WITH. Not ask nicely and hope they comply. That also means we as a country must set that precedent though. We are a "take what we want when it serves us" society. Maybe it's not the government.... but the people being brought up in a self serving American society that run it. Maybe the real problems lie there. What do you think?
Wow.
Sounds like something out the Bush/Cheney playbook.
Of course, this means that Obama is a socialist/fascist/marxist/muslim/radical "not really black" christian/Kenyan for even suggesting such a thing.
Definition of terrorist - anyone who disagrees.
i've read the short story, and all the comments. and most of the related stories & comments i guess.
difficult for me to comment, really,.. I am Cherokee. I am also a US citizen. I have a facinating grasp of past history, related down from my family, but also from schools, experience, etc. I have come to understand, in my opinion, 'being a US Citizen', is a piece of paper, being an American, is in your heart.
I have never been outside of the US, but i will never forget what an older career military friend told me, he had/has served over 30 years, and had travelled to many countries. he told me,
'no matter how bad people might think America to be, after being in so many different places around the world, unless they have been there, they will never realize they live in the best country in the world.'
he also mentioned, one of the first things he learned, when he enlisted, however many years ago, was there was no black, or white, or yellow 'races'. they were told, they had 'green blood'.
I suppose all i can say, is i love this country, and i can only hope everyone else here does as well.
Well, JJ, despite your "fa[s]cinating grasp of past history," I must disagree with you. I've travelled pretty extensively and can name a list of countries (Canada, Norway, Sweden, Denmark, New Zealand, the Netherlands, Belgium) with higher standards of living, more protection for civil liberties, better health care, safer societies, etc. We are certainly in no objective way "the best country in the world," no matter what your old career military friend tells you.
thx for comment, i have thought about that, as i said, i have never been outside the states, so i really have no clue, except tv & media. i guess also a military perspective would be different than a tourist, or anything else, (living there, etc). i guess i can read and hear about the differences everywhere, but unless i actually went wherever, i wouldn't really ever know.
the 'fascinating' word, heh, my Grandfather was born In CHerokee, NC. he never 'naturalized'. he was never, a 'us citizen'.. he had 'difficulties' with the flag, after going through the boarding schools, but yet, he still, loved this land.
I think the majority of republicans agree with these actions. I do find it amusing to see liberals supporting them when they labeled Bush a war criminal for doing much less. Sometimes I think it would be nice to be a liberal democrat just to be able to be a hypocrite with no remorse and throw the racist care anytime anyone disagreed with my position.
You hit it right on the head, John. There are no limis to the Democrat hypocracy.
The liberals did want Bush tried for war crimes.....bunch of hipocrites....
This leftie wants Bush, Cheney, Rice, Rumsfeld, AND Holder tried for war crimes. The Hague has a nice set-up to do it.
Ok, now everybody repeat after me: "We are the Obama Administration. We can do what we want regardless of laws or US Constitution."
Ok, now just the women... just the men...now, how about the kids.
It's simple enough; ANY person who acts as a terrorist threat against America, even if they are an American citizen, should be treated as any other terrorist would be treated. IF there is proof that the person in question is in fact acting in a terroristic manner! I for one don't want anyone I love to be the innocent victim of terrorism!
Do you want anyone you love to be the innocent victim of a government ordered assassination? Shouldn't these people have the right to know the charges against them? to see the evidence? to confront the witnesses? to be represented by counsel? What if--Heavens forfend--the US government mistakenly believes someone is acting as a terrorist and kills him? It's not like the government has never made a mistake, is it?
Eric Holder terrorizes me. I want him shot dead on sight for being a terrorist.
headlines should have read holder gets it right
There is something wrong with Americans that think that due process is something that you can ignore... what other parts of the constitution do you want to THROW out because it isn't bothering you (YET).. Anyone remember the story about the guy that didn't stop a mugger because he wasn't being mugged then he say a policeman beating a bum and didn't do anything because it was the bums problem.. you get my drift i'm sure... when will they come for you and noone will be there to help you?
This position is very, very dangerous. Justice Department - do your job. Looks a little too "police state" for me.