Tag: Law

Try as President Barack Obama and Attorney General Eric Holder might to denounce torture their actions with the last round of nominees and appointments to crucial positions speak louder than their words. First is was John Brennan to head the CIA, whose dubious record during the Bush/Cheney regime on torture and covering up war crimes was glossed over by Obama. Then there is Director of National Intelligence James Clapper, an inveterate liar who has a memory problem as well, “I forgot the Patriot Act.” Really? Clapper also served as an executive for Booz Allen Hamilton, a private security company contracted to gather data for the NSA, who employed Edward Snowden.

Now, the director of the Federal Bureau of Investigations (FBI) Robert Mueller is retiring and who does Obama choose to replace him? Another Bush crony, James B. Comey, who served as deputy attorney general from 2003 to 2005. Comey, as has been hammered by the Obama administration supporters, blocked, along with Mueller, the Bush administration’s attempt to renew a still secret and illegal surveillance program on Americans’ electronic communications. That incident is only part of Comey’s record at DOJ which includes his support of torture, warrantless wiretapping, and indefinite detention. In her article at The Guardian, Laura Murphy reviews Comey stands on these issues and questions just what illegal surveillance program did Comey oppose so much he would resign over it?

On Torture

On 30 December 2004, a memo addressed to James Comey was issued that superseded the infamous memo that defined torture as pain “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure”. The memo to Comey seemed to renounce torture but did nothing of the sort. The key sentence in the opinion is tucked away in footnote 8. It concludes that the new Comey memo did not change the authorizations of interrogation tactics in any earlier memos.

In short, the memo Comey that approved gave a thumbs-up on waterboarding, wall slams, and other forms of torture – all violations of domestic and international law. [..]

On Warrantless Wiretapping

While, to his credit, (Comey) he immediately began raising concerns (pdf), the program was still in existence when the New York Times exposed it in December 2005. This was a year and a half after Comey’s hospital showdown with Gonzales and Card. In fact, the warrantless wiretapping program was supported by a May 2004 legal opinion (pdf) produced by the Justice Department’s Office of Legal Counsel and signed off by Comey, which replaced the 2001 legal opinion Comey had problems with (pdf).

This, of course, raises the question: just what illegal surveillance program did Comey oppose so much he would resign over it? Last weekend, the Washington Post provided a new theory: the Marina program, which collects internet metadata. Now, the Senate has an opportunity to end the theorizing and find out what exactly Comey objected to.

On Indefinite Detention

The final stain on Comey’s record was his full-throated defense of the indefinite military detention of an American citizen arrested on American soil. In a June 2004 press conference, Comey told of Jose Padilla, an alleged al-Qaida member accused of plotting to detonate a dirty bomb as well as blow up apartment buildings in an American city. By working for al-Qaida, Padilla, Comey argued, could be deprived of a lawyer and indefinitely detained as an enemy combatant on a military brig off the South Carolina coast for the purpose of extracting intelligence out of him

In a letter to Comey, two Democratic senators, Senators Richard J. Durbin of Illinois and Sheldon Whitehouse of Rhode Island, expressed concern on Wednesday about Mr. Comey’s views on waterboarding and his role in approving “enhanced interrogation techniques” while at the Justice Department in the George W. Bush administration. They are asking Comey to explain his e-mail of April, 2005, where he gave his approval of 13 interrogation techniques that included waterboarding.

. . Mr. Comey gave his assent to a Justice Department legal opinion that authorized the C.I.A. to use 13 interrogation methods, including waterboarding and up to 180 hours of sleep deprivation. The opinion “was ready to go out and I concurred,” Mr. Comey wrote to a colleague in an April 27, 2005, e-mail message obtained by The New York Times.

But he said in the e-mail that he disagreed with another legal opinion addressing the “combined effects” of the harsh methods, suggesting that their use in combination might be illegal. He recorded his views in e-mails to Chuck Rosenberg, then his chief of staff, as if deliberately creating a record in case his position might become relevant to his record in the future, as it has.

Appointing Comey to head the FBI is a another slap in the face to voters to whom Mr. Obama promised that he would end the Bush era abuses. Instead, Mr. Obama and his appointees not only continued these programs but covered up the wrong doing of the past, reinforcing and expanding the abuses.

This is what Barack believes.

Late last night the New York City Council passed two bills that will reign in an out of control NYPD and Mayor Michael Bloomberg. Passed with veto-proof majorities, the pair of bills aim at increasing oversight of the Police Department and expanding New Yorkers’ ability to sue over racial profiling by officers.

One, known as Intro 1079, would create an independent inspector general to monitor and review police policy, conduct investigations and recommend changes to the department. The monitor would be part of the city’s Investigation Department alongside the inspectors general for other city agencies.

The law would go into effect Jan. 1, 2014, leaving the matter of choosing the monitor to the next mayor.

The other bill, Intro 1080, would expand the definition of bias-based profiling to include age, gender, housing status and sexual orientation. It also would allow individuals to sue the Police Department in state court – not only for individual instances of bias, but also for policies that disproportionately affect people in any protected categories without serving a significant law enforcement goal.

Mayor Bloomberg is expected to veto both bills. The council has 30 days from its next full meeting to hold an override vote.

Queens councilman Pete Vallone (D), who voted against the bill, gave a preview of the over the top rhetoric that will be used to convince New Yorkers to tell their council members to not override the mayor’s veto:

“New Yorkers went to bed a long time ago, safe in their beds,” Vallone said after the vote. “But they are going to wake up in a much more dangerous city.”

The Mayor and Police Commissioner Raymaond Kelley have already played the Al Qaeda and “be afraid” cards

“Every tort lawyer is gonna buy a new house and a new car right away,” Bloomberg said. “They’re not even gonna have to wait for the cases to come in.” Kelly added, “City council might as well have named the legislation, the ‘Full Employment for Plaintiffs Attorneys Act’…Take heart Al Qaeda wannabes.” [..]

“This is not a game, this is a life-threatening thing…This is life and death, this isn’t playing some game…It’s very nice to have a lawyer and everybody after say you should have done this and you should have done that, but when the other guy maybe has a gun in his pocket, that’s a different story.”

The most laughable moment in that press conference came from Mayor Bloomberg when asked if there is an independent body who oversees NYPD policy like an Inspector General would:

Yes there is. It’s called the Mayor…The police commissioner in our city works for the mayor serves at the pleasure of the mayor, and I can just tell you I’m not a professional in this but I have every single policy that this police department has the police commissioner has explained to me, kept me posted on it and when I talk to other experts, I’m convinced that they are the exactly the right thing.

Councilman Jumaane Williams (D-Brooklyn) urged people to listen carefully:

“There have been a lot of bald-faced lies told about this bill,” [..]

“We can have safety and can have police accountability at the exact same time,” he said. “If you don’t live there, if you haven’t been going through it … please side with us.”

Michael Bloomberg has turned the NYC Police Department into his own private army, which was witnessed in the crack down on Occupy Wall St.’s peaceful demonstrations and occupation of Zuccotti Park. It’s long past time that City Council acted taking back the NYPD for the people.

The Supreme Court ruled on two important cases for the LGBT community: Windsor v. U.S., addressing the Defense of Marriage Act, and Hollingsworth v. Perry, addressing California’s Proposition 8.

On DOMA, which was signed into law by Pres. Bill Clinton in 1996, the court ruled (pdf) that same-sex spouses legally married in a state may receive federal benefits. Justice Kennedy delivered the court’s opinion, and was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Chief Justice John Roberts and Justices Antonin Scalia and Samuel Alito all filed dissenting opinions. While the ruling is a victory on the federal level, the 5- 4 ruling does not effect a state’s right to ban same sex marriage.

“The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity,” Justice Anthony Kennedy wrote in the majority opinion. “By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.”

The plaintiff who brought the case, Edie Windsor, 84, will now get her refund for the $363,000 in federal estate taxes she paid after her spouse, Thea Spyer, died in 2009.

In the Prop 8 case, that was argued before the court by attorneys, Theodore Olson and David Boies, the court decided, again by a 5 – 4 decision, that the opponents of same sex marriage have no standing to sue. The ruling allows gay couples in California to marry.

“We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to,” Chief Justice John Roberts wrote in the majority opinion. “We decline to do so for the first time here.”

Roberts was joined in his majority opinion by Justices Ruth Bader Ginsburg, Antonin Scalia, Stephen Breyer, and Elena Kagan. Justice Anthony Kennedy filed a dissenting opinion, joined by Clarence Thomas, Samuel Alito and Sonia Sotomayor.

The judgement of the Ninth Circuit was vacated and the case remanded with instructions to dismiss the appeal for lack of jurisdiction.

California voters added Proposition 8 to the state’s constitution in 2008 through a ballot initiative that reversed the state Supreme Court’s recognition of same-sex marriage earlier that year. Two same-sex couples challenged the ban in federal court, and by the time their suit reached the justices, two lower courts had declared it unconstitutional.

After the disappointing ruling yesterday striking down a key part of the Voting Rights Act, this is truly a great day for equal rights in the US.

In a rare unanimous decision, the US Supreme Court ruled that human genes cannot be patented:

The case, AMP v. Myriad Genetics, revolved around Utah corporation Myriad Genetics’ exclusive patents on the BRCA1 and BRCA2 genes, which, when mutated, lead to a very high risk of breast and ovarian cancer. Because Myriad was the first to identify the BRCA genes, it patented them, charged exorbitant prices for BRCA testing, and then aggressively prevented any other labs from offering the same test. In 2009, a coalition of plaintiffs including the ACLU, Breast Cancer Action and a number of scientific organizations, researchers and patients sued Myriad, claiming that it had no legal right to hold patents on the BRCA genes.

In a majority decision written by Clarence Thomas, the court affirmed the plaintiffs’ claim that because DNA is naturally occurring, it “lie(s) beyond the domain of patent protection.” In so deciding, the court effectively reversed decades worth of policy by the US Patent and Trade Office, which has granted thousands of gene patents, many of which should now be rendered invalid.

The Court refuted Myriad’s claim that because it had put a lot of time and money into locating the gene, that it therefore deserved a patent: “extensive effort alone is insufficient” to make something patent-worthy. Basically, just because you tried really hard doesn’t mean that you deserve a multi-billion dollar legal monopoly.

This is great news for women, men, doctors, scientists and the world in the fight against breast and ovarian cancer. In a New York Times article about the impact of the ruling, other research companies said they would begin offering genetic testing which would bring down the cost and availability of the test, as well as, other tests held by patents:

Some experts say that other genetic tests that are exclusively controlled by a patent holder include the test for spinal muscular atrophy and the test for an inherited form of deafness.

Dr. (Sherri) Bale of GeneDx said the deafness gene also caused a skin disease. Her company is allowed to test for mutations that cause the skin disease, but if it discovers a mutation for hearing loss, it cannot tell the doctor. Instead, a new blood sample has to be drawn and sent to Athena Diagnostics, which controls the testing for the deafness gene. Dr. Bale said the court’s decision should eliminate the need for that arrangement.

It is often said that patents cover 4,000 human genes, or about 20 percent of all human genes, meaning the decision could have a large impact.

Amy Goodman and Juan Gonzalez of Democracy Now, in a discussion of the ruling, were joined by Judge Robert Sweet, the senior federal judge for the Southern District of New York who originally invalidated Myriad Genetics’ patents; Lisbeth Ceriani, one of the plaintiffs in the ACLU lawsuit. In May 2008, she was diagnosed with an aggressive form of breast cancer; and Sandra Park, a senior attorney with the ACLU’s Women’s Rights Project and a lead counsel on the case.

“With the ruling today, we fully expect much better access and much better options for patients, as well as for scientists who want to look at different parts of the genome,” Park says. “They no longer now need to deal with patents on the thousands of genes on our genome when they’re engaging in their scientific work.”

Despite the risks to his personal safety, the whistleblower who leaked the FISA court order and NSA surveillance programs to The Guardian has revealed himself. Prior to giving the tapes to columnist Glenn Greenwald, the 29 year old Edward Snowden chose to leave the US for Hong Kong because of it long history of respect for freedom of speech. Like six other whistleblowers, he expects that he will be charged by the Obama administration under the 1917 Espionage Act. In the 12 minute video that was produced and copyrighted* by American documentary film director and producer, Laura Poitras, he explains his decision to give the secret warrant and programs to Greenwald and leave the United States.

The 29-year-old source behind the biggest intelligence leak in the NSA’s history explains his motives, his uncertain future and why he never intended on hiding in the shadows

The individual responsible for one of the most significant leaks in US political history is Edward Snowden, a 29-year-old former technical assistant for the CIA and current employee of the defence contractor Booz Allen Hamilton. Snowden has been working at the National Security Agency for the last four years as an employee of various outside contractors, including Booz Allen and Dell.

The Guardian, after several days of interviews, is revealing his identity at his request. From the moment he decided to disclose numerous top-secret documents to the public, he was determined not to opt for the protection of anonymity. “I have no intention of hiding who I am because I know I have done nothing wrong,” he said.

Snowden will go down in history as one of America’s most consequential whistleblowers, alongside Daniel Ellsberg and Bradley Manning. He is responsible for handing over material from one of the world’s most secretive organisations – the NSA.

Since he took office, President Barack Obama has prosecuted six whistleblowers using the Espionage Act of 1917, something no other president has done. In recent months, with total disregard for the First Amendment and freedom of the press, he has now gone after journalists with secret subpoenas and warrants, but this is nothing new. Huffington Post‘s Ryan Grim would like you to meet Abdulelah Haider Shaye:

James Rosen got off easy. After searching his email and tracking his whereabouts, the Department of Justice has not jailed or prosecuted the Fox News journalist, which the Obama administration says reflects its deep respect for the role of a free press. On Thursday, a DOJ spokesperson said in a statement that “the Department does not anticipate bringing any additional charges. During the Attorney General’s tenure, no reporter has ever been prosecuted.”

The Obama administration gave no such leniency to Abdulelah Haider Shaye, a Yemeni journalist who had access to top officials in the militant Islamist group Al Qaeda in the Arabian Peninsula (AQAP) and reported on evidence that the United States had conducted a missile strike in al Majala for which the Yemeni government had claimed credit.

After Shaye was initially imprisoned for alleged involvement with AQAP in 2010, supporters pressed for his release, and word leaked that the Yemeni president was going to issue a pardon. In early 2011, Obama personally intervened. “President Obama expressed concern over the release of Abd-Ilah al-Shai, who had been sentenced to five years in prison for his association with AQAP,” reads a summary of the call posted on the White House website.

At his discussion of his new book and documentary, “Dirty Wars,” Jeremy Scahill spoke about about Shaye. In an article for The Nation in March 2012, he wrote about Shaye’s risks to interview Al Qaeda leaders, his interviews with the radical cleric Anwar al Awlaki and his reporting on the US bombing of al-Majalah, a impoverished Yemeni village killing 46 people mostly women and children.

Unlike most journalists covering Al Qaeda, Shaye risked his life to travel to areas controlled by Al Qaeda and to interview its leaders. He also conducted several interviews with the radical cleric Anwar al Awlaki. Shaye did the last known interview with Awlaki just before it was revealed that Awlaki, a US citizen, was on a CIA/JSOC hit list. “We were only exposed to Western media and Arab media funded by the West, which depicts only one image of Al Qaeda,” recalls his best friend Kamal Sharaf, a well-known dissident Yemeni political cartoonist. “But Abdulelah brought a different viewpoint.”

Shaye had no reverence for Al Qaeda, but viewed the group as an important story, according to Sharaf. Shaye was able to get access to Al Qaeda figures in part due to his relationship, through marriage, to the radical Islamic cleric Abdul Majid al Zindani, the founder of Iman University and a US Treasury Department-designated terrorist. While Sharaf acknowledged that Shaye used his connections to gain access to Al Qaeda, he adds that Shaye also “boldly” criticized Zindani and his supporters: “He said the truth with no fear.”

While Shaye, 35, had long been known as a brave, independent-minded journalist in Yemen, his collision course with the US government appears to have been set in December 2009. On December 17, the Yemeni government announced that it had conducted a series of strikes against an Al Qaeda training camp in the village of al Majala in Yemen’s southern Abyan province, killing a number of Al Qaeda militants. As the story spread across the world, Shaye traveled to al Majala. What he discovered were the remnants of Tomahawk cruise missiles and cluster bombs, neither of which are in the Yemeni military’s arsenal. He photographed the missile parts, some of them bearing the label “Made in the USA,” and distributed the photos to international media outlets. He revealed that among the victims of the strike were women, children and the elderly. To be exact, fourteen women and twenty-one children were killed. Whether anyone actually active in Al Qaeda was killed remains hotly contested. After conducting his own investigation, Shaye determined that it was a US strike. The Pentagon would not comment on the strike and the Yemeni government repeatedly denied US involvement. But Shaye was later vindicated when Wikileaks released a US diplomatic cable that featured Yemeni officials joking about how they lied to their own parliament about the US role, while President Saleh assured Gen. David Petraeus that his government would continue to lie and say “the bombs are ours, not yours.”

Shortly after that article was published, Scahill and Mohamed Abdel Dayem, coordinator of the Middle East and North Africa Program at the Committee to Protect Journalists, appeared in this segment of Democracy Now with Amy Goodman and Juan Gonzalez, questioning Obama’s motives for keeping Shaye imprisoned.

Grim hopes that with the release of the documentary “Dirty Wars,” the start of PVT Bradley Manning’s trial and the Rosen issue, that Shaye’s case will get some attention.

Shaye’s trial in Yemen was widely considered a farce. Without the Obama administration presenting its own evidence, it’s difficult to know what President Obama meant by Shaye’s “association” with AQAP. Al Mawri said that Yemen’s former president was furious at Shaye for exposing the civilian deaths at al Majala and fed the United States false information to implicate him as a terrorist. Now, Yemen’s current president has reportedly promised to pardon Shaye, but the White House is still relying on what the past president told them. [..]

Shaye is not an obscure journalist. He contributed reporting to The Washington Post and other major media outlets regularly, including with regard to al-Awlaki. He was often critical of al Qaeda, the U.S. government and the Yemeni government.

Despite the reports of a possible pardon, Shaye’s family and supporters remain doubtful.

This is just some of what Wikileaks had exposed about our government and our so-called Democratic president.

In a fascinating hour and a half, Jeremy Scahill, the National Security Correspondent at The Nation magazine, discusses his book and award winning documentary “Dirty Wars.” Joined by Spencer Ackerman, formerly of “Wired” now National Security Editor for The Guardian, they discuss President Obama’s drone program, preemptive war and the assassination of Anwar al-Awlaki and two weeks later, his 16 year old son, Abdulrahman al-Awlaki. They also talk about Obama’s roll in the jailing of Yemeni journalist,  Abdulelah Haider Shaye, for his reporting of the US bombing of  al-Majalah, a impoverished Yemeni village killing 46 people mostly women and children. Later in the talk, Jeremy took written questions from the audience, discussing Blackwater, Eric Prince and as well as the global impact and the legality of the perpetual drone war.

There is another way of looking at Pres. Obama’s speech the other day. And that is, he came out and did a full frontal defense of the US asserting the right to assassinate people around the world. . . that really is the take away. [..]

He is asserting the right of the Unites States to conduct these kinds of operations in perpetuity. [..]

The US does not recognize International Law unless it’s convenient. That true; it’s not a rhetorical statement. . . . There is one set of laws for the rest of the world and there another set of laws for the United States. [..]

There have been attempts to challenge many of these wars by the Center for Constitutional Rights, challenging under the War Powers Act and the idea that Congress cannot give these authorities to the president to wage these wars. The way they’ll get around it is they’ll say well, the Authority to Use Military Force (AUMF), that was passed after 9/11, gives us the right to strike in any country where we determine there be a connection to 9/11 or Al Qaeda.

In some cases now, we are targeting persons who were toddlerson 9/11. How can we say that they were attached to it, So in Obama’s speech, when he says he wants to refine the Authorization for Military force and, ultimately, real it, I think the first step of that is really disturbing. They’re talking about making permanent the sort of perpetual war mentality, probably by removing the language necessitating a connection to 9/11 or to Al Qaeda from it, so they can broaden their justification.

Also this White House, like the Bush/Cheney people, relies very heavily on Article II of the Constitution and an i interpretation that Commander in Chief clause gives the president the right to unilaterally set these policies. . . .They effectively perceive themselves as, on a counter-terrorism and national security issues, to be a dictatorship. And that Congress plays a minimal roll in those operations only funding it and overseeing how the money os spent but not necessarily overseeing the operations themselves.

There are Constitutional law experts that would say that’s a ridiculous interpretation of Article II of the Constitution, but it is being asserted in in  private.

It’s tough to stand up and be principled when someone like Obama is in office. It’s easy when to be against all this war and criminality when Bush/Cheney are there. They’re cartoonish villains.

Your principles are tested when someone like Obama is in office and you have the courage to stand up and say, “no. A principle is a principle and I’m against it when a Democrat does it and I’m against it when a Republican does it.”

There’s no such thing as Democratic cruise missile and a Republican cruise missile.

Jeremy recommended that everyone should watch California’s Democratic Rep. Barbra Lee’s speech on September 7, 2001. She was trembling as she gave one of the most epic speeches of this era. It took tremendous courage to stand up and say, “No.”  She was right then and she is right now.

We need to all stand up for the principles on which this country was founded and on which the current president was elected. It’s not just the economy, stupid, it’s the Republic, if we can keep it..

While much of the media was praising President Barack Obama’s speech on counter-terrorism and closing the military detention center at Guantanamo, others were hearing a reconfirmation of the neoconservative the war on terror, especially an expansion of the drone program and targeted assassinations:

But Obama’s speech appeared to expand those who are targeted in drone strikes and other undisclosed “lethal actions” in apparent anticipation of an overhaul of the 2001 congressional resolution authorizing the use of force against al Qaida and allied groups that supported the 9/11 attacks on the United States.

In every previous speech, interview and congressional testimony, Obama and his top aides have said that drone strikes are restricted to killing confirmed “senior operational leaders of al Qaida and associated forces” plotting imminent violent attacks against the United States.

But Obama dropped that wording Thursday, making no reference at all to senior operational leaders. While saying that the United States is at war with al Qaida and its associated forces, he used a variety of descriptions of potential targets, from “those who want to kill us” and “terrorists who pose a continuing and imminent threat” to “all potential terrorist targets.”

According to the above article from McClatchy, in a fact sheet that was distributed by the White House, targeted killings would continue outside “areas of active hostilities,” and could be used against “a senior operational leader of a terrorist organization or the forces that organization is using or intends to use to conduct terrorist attacks.” If the president’s intent was to quell the criticism of  charges by some legal scholars and civil and human rights groups, he fell more than a little flat, he outright failed.

During a panel discussion on MSNBC’s Up with Steve Kornacki, Buzz Feed corespondent Michael Hastings harshly shredded Pres. Obama speech sating that the president has bought into the Bush administration’s neoconservative world view:

“If you compare this speech to the speech he gave in Cairo, in 2009 or his Nobel Prize speech, you see almost a total rejection of the civil rights tradition that President Obama supposedly came out of… and just an embrace of total militarism,” Hastings said.

“That speech to me was essentially agreeing with President Bush and Vice President Cheney that we’re in this neo-conservative paradigm, that we’re at war with a jihadist threat that actually is not a nuisance but the most important threat we’re facing today,” Hastings continued.

The discussion continued on the ramifications of drone strikes on national security and US image with host Steve Kotnacki, Michael Hastings, Omar Farahstaff attorney in the Guantanamo Global Justice Initiative; Perry Bacon, Jr., msnbc contributor; and Kiron Skinner, professor, Carnegie Mellon University.

In response to the president’s speech, the Miami Herald Editorial Board took him to task over the abuse of the power of his office and the need for congress to rein in the president during wartime:

The president attempted to strike a balance between the need to use force against persistent threats and the obligation to overhaul the structures put in place to respond to 9/11 – from the use of drones to the creation of the prison at Guantánamo Bay.

It’s about time. In the 12 years since the attack on the Twin Towers, presidential authority has expanded dramatically in response to the threat, but that does not mean it should be that way forever. It offends the constitutional foundation of American democracy for any chief executive to wield permanent, unchecked authority to order drone strikes anywhere in the world beyond our borders against anyone deemed a suitable target – including Americans – and past time to impose effective limits on such power. [..]

But the speech left many questions unanswered. The 16-page policy guideline the president approved prior to the speech remains classified. And despite all the talk about transparency, the administration is still withholding from Congress legal opinions governing targeted killings.

Despite the build up from the White House fed talking points to the news media, the president’s speech did little to reassure the public that he shifting away from perpetual war with no boarders.

In a letter to Senate Judiciary Committee Chairman Patrick Leahy (D- VT) (pdf), Attorney General Eric Holder acknowledged for the first time Wednesday that four American citizens have been killed in drone strikes since 2009 in Pakistan and Yemen.

In conducting U.S. counterterrorism operations against al-Qaida and its associated forces, the government has targeted and killed one American citizen, Anwar al-Awlaki, and is aware of the killing by U.S. drones of three others, Attorney General Eric Holder said in a letter to Senate Judiciary Committee Chairman Patrick Leahy.

Al-Awlaki, a radical Muslim cleric, was killed in a drone strike in September 2011 in Yemen. Holder said three other Americans were killed by drones in counterterrorism operations since 2009 but were not targeted. The three are Samir Khan, who was killed in the same drone strike as al-Awlaki; al-Awlaki’s 16-year-old son, Abdulrahman, a native of Denver, who also was killed in Yemen two weeks later; and Jude Kenan Mohammed, who was killed in a drone strike in Pakistan.

Attorney Jesselyn Radack, former Justice Department ethics attorney who blew the whistle in the case of “American Taliban” John Walker Lindh, in a blog post writes:

The biggest revelation in Holder’s letter  – that the U.S. has droned a fourth American, Jude Kenen Mohammed  – is also the greatest of many deficiencies. All Holder says is the U.S. killed but didn’t target these two American men (Mohammed and Samir Kahn) and one American child (al-Awlaki’s 16-year-old son). [..]

Ms. Raddack points out that while the letter includes new and credulous accusations about al-Awlaki posing an “imminent threat”, it tells us nothing about how the other Americans ended up being killed by drones. Good question, that I doubt we’ll ever get an answer.

The other point MS. Raddack makes goes to the public’s right to know the legal justification that was given to the president by the Office of Legal Council:

If Holder wants to draw a distinction between Americans that the U.S. government targets and kills without due process and those Americans that the U.S. government kills without due process but doesn’t target, then the American people are entitled to know the legal basis for when the government finds it acceptable to make Americans collateral damage in the legally-unsustainable, morally-reprehensible unilateral drone drops.

There are lots of questions. If these three Americans were not the targets, then who were they targeting? And why?

In an interview this morning on Democracy Now, author and journalist, Jeremy Scahill say that this admission “raises more questions than it answers“:

“In Eric Holder’s letter,” Scahill stated, “he talks about how Anwar Awlaki was actively involved in imminent plots against the United States, that he had directed the so-called underwear bomber, Umar Farouk Abdulmutallab, who tried to blow up a U.S. airplane over the city of Detroit on Christmas Day 2009. And what’s interesting is that all of these allegations are made by Eric Holder, but no actual evidence has ever been presented against Awlaki to indicate that he played the role that Eric Holder is asserting. His trial was basically just litigated through leaks in the press. He was never indicted on any of these charges. And Holder, in fact, in his letter, says that we have all of this evidence, but it’s too dangerous to be made public. And so, there’s really a continuation of a posthumous trial of Anwar Awlaki through leaks and now through this letter from Eric Holder.”

Scahill notes that the details of the death of Jude Mohammad, who had been indicted, have not been released; that there were no criminal charges against Samir Khan, a Pakistani-American from North Carolina who was killed alongside al-Awlaki; and Holder used an curious phrase, “not specifically targeted,” referencing the death of 16 year old Abdulrahman al-Awlaki.

He goes on:

“You know, what does that phrase mean? It’s almost like an Orwellian statement, ‘not specifically targeted.’ Well, it could mean that these individuals were killed in the signature strikes that you mentioned, which is a sort of form of pre-crime, where the U.S. determines that any military-aged males in a targeted area are in fact terrorists, and their deaths will be registered as having killed terrorists or militants. So, it’s possible that the other Americans that were killed were killed in these so-called signature strikes.

“But in the case of this 16-year-old boy, it’s almost impossible to believe that it’s a coincidence that two weeks after his father is killed, he just happens to be killed in a U.S. drone strike. And there were leaks at the time from U.S. officials telling journalists that, oh, he actually was 21 years old, he was at an al-Qaida meeting. But they’ve never been able to identify who they killed in that strike. And the Obama administration has never publicly taken on the fact that they killed one of their own citizens who was a teenage boy. There are no answers to that question. So, I think that there has to be a far more intense scrutiny of the statements of the attorney general and also what we understand the president is going to say later.”

Yes, the Obama administration assassinated four Americans, but …..

President Barack Obama’s speech on his never ending war on terror.

In short, war for without end anywhere on earth because the president said so.

In the real world and the reality based community, there is talk about austerity from people who understand the nuances of it and macroeconomic accounting identities. They point out the undeniable fact that there is austerity in the UK, the Eurozone, and yes, the United States. This interactive chart will show this, though I can’t embed it here. So instead, I will add a small snapshot of some of the data.

Net spending in the United States has steadily declined since it rose from 2008 to 2009 when the inadequate stimulus(only $500 billion of direct spending at about 1.5 percent of GDP) was passed. Stimulus packages don’t exist in a vacuum, and you have to count all government spending, which basically shows how exactly the numbers, including the stimulus as this does, didn’t close the output gap. And since the numbers didn’t, that is actually austerity. After all, spending went up in the UK and Eurozone from 2008 to 2009 as well, and since then, their spending has declined. Even though it is on a higher level, it is being cut at an even more alarming rate with its fate set to go below our miserable level by 2017.

I have pointed this out before. Sometimes I get frustrated, and point this out harshly, because some pride themselves on denying this established data to support whatever a politician in their party says or does. I don’t know why. Denying reality is not going to give resources to people who need them. There is a reason my last diary has been cited by the reality based Post Keynesian MMT community, in which I am truly grateful for and humbled by; it is the truth.

The real economy of jobs and wages continues to go nowhere thanks to the lack of deficit spending and an illogical debate in DC about how much austerity we need to appease the invisible bond vigilantes and confidence fairies. It is neoliberal deficit terrorist economic insanity based on lies. And on that note, it is my pleasure to republish a piece by someone in the reality based economic community whom I can now proudly say is a friend of mine, Post Keynesian MMT economist John T. Harvey. He, once again, brings clarity to these matters in a way that only he can.