Black Agenda Report: Eric Holder Tortures the Constitution

Eric Holder Tortures the Constitution
Black Agenda Radio commentary by Executive Editor Glen Ford
March 7, 2012

U.S. Attorney General Eric Holder made the Constitution scream, in an effort to justify his president’s claim to “the power of life and death over any inhabitant of the planet, including citizens of the United States.” Discovering presidential powers never before revealed, Holder severed citizens’ rights to “due process” from the “judicial process.” Access to the courts is not required, when the president is judge, jury and executioner.

U.S. Attorney General Eric Holder this week attempted to explain how the U.S. Constitution allows the American president to be a law unto himself – to be judge, jury and executioner. Those are the powers that President Obama claims are inherent in his office: the right to kill at will, based on evidence only he is fit to examine and assess. This is a system of law without courts, without evidence that either the public or the condemned person has a right to see, or to contest. One man, with the power of life and death over any inhabitant of the planet, including citizens of the United States.

With the passage of preventive detention without trail or charge, and President Obama’s claim to have sole power to target any human being for death, the rule of law has been eviscerated, abolished by presidential decree and congressional acquiescence. A pillar of civilization has been toppled, but most people in the United States appear not to have noticed.

It turns out that due process of law is not what we thought it was, these last two centuries. Attorney General Holder defended the president’s authority to summarily execute, without sanction of the courts, or formal charges, or even evidence of crime, persons designated by him as enemies of the United States. You can’t get more king-like than that. Holder acted as if he’d found a previously undetected loophole in the Constitution. “‘Due process’ and ‘judicial process,’” he said, “are not one and the same, particularly when it comes to national security.” According to Holder, “The Constitution guarantees due process,” but it does not guarantee judicial process. In other words, the U.S. Constitution does not guarantee people access to the courts, even if they are targeted for execution. If that were true, it would be a worthless Constitution, but the U.S. Supreme Court has convincingly ruled, in a 2004 case, that citizens who are detained as enemy combatants have a right to confront the government on the facts of the matter “before a neutral decision maker” – that is, before a court of some kind. Certainly, such rights would apply to someone the president wants killed.

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