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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJuan Cole: Top Five Objections to the White House's Drone Killing Memo
Actually six--the article misnumbers them.
http://readersupportednews.org/opinion2/277-75/15901-focus-top-five-objections-to-the-white-houses-drone-killing-memo
1. In the Western tradition of law, there can be no punishment without the commission of a specific crime defined by statute.
2. To any extent that the president's powers under the memo are alleged to derive from the 2001 Congressional Authorization for the Use of Military Force, i.e. from the legislature, they are a form of bill of attainder.
3. The memo's vision violates the principle of the separation of powers. It makes the president judge, jury and executioner.
3. The memo resurrects the medieval notion of "outlawry" - that an individual can be put outside the protection of the law by the sovereign for vague crimes such as "rebellion," and merely by royal decree.
4. The memo asks us to trust the executive to establish beyond the shadow of a doubt the guilt of an individual in a distant land, to whom access is so limited that the US cannot hope to capture him or have local authorities capture him.
5. The memo, as Glenn Greenwald points out, ratifies the Bush/Cheney theory that the whole world is a battlefield on which the US is continually at war.
GeorgeGist
(25,321 posts)however, the official 'very serious' people are not amused. Drone on.
just in case :sarchasm:
freedom fighter jh
(1,782 posts)The first four points, I think, could be dismissed on the reasoning that the justice system is irrelevant because this is, after all, war. You don't try a soldier who is pointing a gun at you; you kill him or her if you have to.
So the fifth point becomes critical: The whole justification depends on drone victims being soldiers of an enemy with whom we are at war. But with whom are we at war? I think this is an enormous blind spot: We keep hearing that these things have to happen because we are at war. Isn't it Congress that's supposed to declare war? Did they do that and somehow we all missed it? If we are at war, then who is our enemy?
rhett o rick
(55,981 posts)surveillance. Probably.
rhett o rick
(55,981 posts)the president. This would violate the checks and balances. The Authorization to Use Military Force needs to be challenged in court.
woo me with science
(32,139 posts)Electric Monk
(13,869 posts)Catherina
(35,568 posts)Ratified and endorsed by every single supporter of this abhorrent madness.