The American Spectator : Obama and the Drones

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Obama and the Drones

By Jed Babbin on 2.11.13 @ 6:11AM

We need to outfight the enemy, not outlawyer him.

Unless the Constitution really is a suicide note, any American who joins al Qaeda or any other terrorist group that has avowed to attack us should have no more legal rights than any enemy we face on the battlefield. But since the 9-11 attacks, Congress, two presidents, and the courts have tangled us up in so many legal and policy knots that we’re now parsing terrorist ranks and duties to determine whether the enemy can be subjected to lethal attack.

We’re fighting a war that isn’t a war, Congress having only declared an “Authorization for Use of Military Force,” and only against al Qaeda, not all the terrorists who are engaged in war against us. We’ve not defined the enemy — radical Islam and all its adherents — and haven’t decided to fight the war in a manner calculated to win it decisively. So we are losing, as Iraq, Afghanistan, Pakistan, Egypt, Iran, and Syria — to mention only the top-ranking terrorist nations — are proving daily.

The controversy surrounding President Obama’s death-by-drone policy is the latest example of our refusal to deal with the reality of the war. It’s a legal contortion that should be unnecessary and would be if Congress had had the courage to declare war. It concludes that American-born al Qaeda leaders can be killed on order of any high-level administration official.

This is enough to drive even Obama’s most liberal allies nuts. In the confirmation hearing on John Brennan’s nomination to be CIA director, Sen. Ron Wyden (D-OR) objected to the president’s ability to kill American citizens overseas, saying that every American has the right to know when his government has decided to kill him.

Brennan had no answer other than to say that killing Americans who belong to al Qaeda is a last resort. But is it constitutional? Is it legal? Should anyone care?

Anwar al-Awlaki was an al Qaeda preacher and leader who mentored and probably ordered Abdulmutallab’s attack on an American airliner. (Abdulmutallab, the failed underwear bomber, was captured by fellow passengers before he could succeed in igniting his BVDs.) He was also the moving force behind Major Hasan’s Fort Hood massacre.

Before Anwar al-Awlaki was killed, his father sued in U.S. District Court to get his son’s name off the “capture or kill” list the White House maintains in secret. In December 2010, Judge John Bates dismissed the case on procedural grounds because he found, among other things, that it posed a political question in which the courts cannot intervene. He left open the question of whether a president can “order the assassination of a U.S. citizen without first affording him any form of judicial process whatsoever, based on the mere assertion that he is a dangerous member of a terrorist organization.”

The power to do precisely that was asserted in the “white paper” the administration released just before the Senate hearing on John Brennan’s nomination to be CIA director. Though there are many troubling aspects of this assertion of power — about which more in a moment — the legal argument the white paper makes should hold up in court if a court took jurisdiction over it.

The Obama administration asserts the right to kill a U.S. citizen who is an operational leader of al Qaeda — as Awlaki was — anywhere in the world, not just on a battlefield. The white paper says that if an “informed high-level official of the U.S. government” determines that the individual poses an imminent threat of a violent attack against the U.S.,” if capture is infeasible and the operation would be conducted consistent with the law of war, the person can be killed.

It relies on three principal authorities. First is the “Authorization for Use of Military Force,” the declaration passed by Congress in the aftermath of the 9-11 attacks which says we are — without using the term — at war with al Qaeda. Second and third are the Ex Parte Quirin and Hamdi decisions of the Supreme Court. In the 1942 Quirin decision, the court found that a U.S. citizen could be declared an enemy combatant and subjected to trial and execution by the military. Hamdi, decided in 2004, limited that authority by determining that a U.S. citizen who is an enemy combatant confined in a military facility located in a place where U.S. sovereignty is claimed, such as Gitmo, has the right to a habeas corpus hearing in a federal court. (The decision extends the habeas corpus right to all enemy combatants held in such a location.)

The white paper goes farther, saying that lethal action can be taken any time because it includes not only those people who are found to be planning an imminent attack but all operational leaders of al Qaeda and “associated forces” because they are “continually plotting attacks against the United States…”

This means that anyone who is an al Qaeda leader — or any terrorist leader — is presumed to be planning an attack and need not be determined to be an imminent threat. And it claims the power to order that person’s killing not just for the president, but for any “informed high level official” of the government.

This focuses the point that we’ve not decided we are really at war. If we were, the president would, under his constitutional authority as commander in chief, and the military and the CIA as his delegated forces, be able to kill any of the enemy’s adherents anywhere and any time, except those Americans who are fighting for the enemy and are captured inside the United States. Those people, as the Supreme Court held in 1942’s Ex Parte Quirin decision, are subject to imprisonment, trial and execution under military law, not the civilian courts.

If this were just a legal argument, that would be the point at which the White House’s argument ran aground. It is one thing to imprison an enemy combatant who is an American citizen and who retains the right to a habeas corpus hearing. It is another to order the killing of an American who, as Judge Bates wrote, has been declared a member of a dangerous terrorist organization on mere assertion.

The white paper apparently goes beyond the president’s — and the CIA’s - legal authorities. The CIA has classified lethal authorities, but they are constrained by law. Under the law, the president is required to keep congressional intelligence committees fully and currently informed of all covert operations. It requires that a classified presidential finding be delivered before the action is taken — or as soon after it as may be possible — to the chairmen and ranking members of both intelligence committees and to the House Speaker, minority leader and their Senate counterparts.

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About the Author

Jed Babbin served as a Deputy Undersecretary of Defense under George H.W. Bush. He is the author of several bestselling books including Inside the Asylum and In the Words of Our Enemies. You can follow him on Twitter @jedbabbin.

Letter to the Editor View all comments (73) | Leave a comment Leave a comment

Jack in Wi| 2.11.13 @ 6:26AM

Alwaki was indicted and convicted of no crime. Babbin thinks we should shred the Constitution just to keep up this phoney war on terror going. He never heard of the 5th amendment about due process. Obama can claim anyone is a terrorist and send a drone after him. Then he went and murdered his 16 year old son based on what evidence? This country is turning into Israel where people are executed, tortured, disarmed, locked in prison for years and segregated in concentration camps. Obama, Bush, Cheney, the whole neocon- neolib gang are a bunch of liars and criminals. You would have to be insane to trust them with your civil liberties.

GobBluthe| 2.11.13 @ 10:06AM

You really do have a jew problem.

Drunken Sailor| 2.11.13 @ 10:50AM

You think?

Jack in Wi| 2.11.13 @ 10:51AM

I don't have a Jew problem. I have a problem with people who want to shred the Constitution and make this country into a piece of manure like Israel, Cuba, China, or most of the Arab world.

Doctor Right| 2.11.13 @ 3:48PM

The mere fact that you think that the beautiful, free nation of Israel is a "piece of manure" equivalent to Cuba, China, or the rest of the Arab world is demonstrative of your incredible ignorance, and your blatant anti-Semitism.

You are a despicable coward, Jack, who doesn't even have the balls to come out and admit how you really feel.

That's why you hide behind code-words and phrases; it gives you plausible deniability - with idiots.

You're disgusting. And you're also as dumb as a brick.

JmsA| 2.11.13 @ 5:00PM

Last I heard from you, you couldn't be bother by the communist Castro confiscating, and I paraphrase you: I couldn't care less that Castro confiscated private American property like United Fruit Company's. What happened? Why don't you like them now?

PCC| 2.12.13 @ 7:40AM

The image of an American president sitting in the Oval Office reviewing a "kill list", whether that list contains Americans or not, is obscene.

Moreover, in the absence of an applicable Congressional declaration of war, it ought to be against the law.

spike59| 2.11.13 @ 6:31AM

This country is turning into Cuba/the former Soviet Union/Communist China/Cambodia, where people are executed, tortured, disarmed, locked in prison for years and segregated in concentration camps.
-------------------------------------
there, Jackboot-fixed it for ya

Lying dullard

Jack in Wi| 2.11.13 @ 6:50AM

True about Cuba. True about Israel and getting to be true about the USA.

C.B.| 2.11.13 @ 7:14AM

Good old Jack...sets his alarm early every morning, logs on to Am Spec, scans the articles for any place he can get a shot at Israel, and fires away....

Albert Constantine Jr.| 2.11.13 @ 8:24AM

When considering Jack's thought on the topic, it probably bears mentioning that an alternative definition of drone as a verb involves going on and on about a topic, without saying anything or exciting interest. In this regard, he is highly qualified to comment on the subject.

TLP| 2.11.13 @ 8:28AM

If I am a Muslim President, sent by whomever, to Usher in the End of Times, what would I do?

I believe that I would Surround myself with like minded people who were eager to assist me. Enablers who have no qualms with Lying through their teeth, and In My Name.

I would enable the largest Muslim Coutry to fall into the hands of the Islamists. I would use my Military to extradite the removal of Khaddafi, so as to Replace him with an Islamist. I would send Military Weapons - Tanks and Fighter Jets - to these Islamists, and I would do it FREE OF CHARGE.

I would Nominate a True Hater of Israel, to be my Secretary of Defence. I would Nominate someone for the Head of the CIA, who sees Jihad as little more than a "Get together of like minded people, to hash out their Ideological differences. And, so what if they Cut Off Some Heads".

I would put a person at Justice who can See no Evil, Hear no Evil, and Speak no Evil, no matter what I do. Someone who will Cover my tracks as I seek to spread Death and Terror and Misery, by Trafficking in Weapons in Mexico, Putting in place Illegal Drilling Moratoriums in this Country, and preparing a to DISARM over here, while getting no Reciprocation from our Enemies, over there.

And I would get MY PEOPLE into the Streets to Overwhelm the Police, and breakdown the remaining Societal Norms that keep ANARCHY at bay.

That's what I'd do.

Von Mises Jr| 2.11.13 @ 8:58AM

So far we have only seen the "B" Team of corruption and incompetence. The "A" Team of corruption and incompetence includes Kerry, Brennan, Hagel and Lew so far and each and every one is worse than their predecessors.

Joellen| 2.11.13 @ 9:00AM

As usual Tim, clear, concise and accurate. Now if we only had someone opposit of Obama and his ilk talk the talk as you do, well we just might have a chance to restore this country.

Hey Tim, what are you doing for the next four years?

loulou| 2.11.13 @ 10:45AM

Agree. I'd vote for him.

TLP| 2.11.13 @ 3:00PM

If it's any conciliation?

I'm running for King of The Contest.

Just so you know.

Pecos Pete| 2.11.13 @ 8:33AM

Jack never supports his comments about Israel with source material. Jack just writes his Israel opinion drivel so that he can read his own comments which are thus proof that his opinions are correct. Circular logic.

Jack in Wi| 2.11.13 @ 10:49AM

Goggle Israel torture, Israel asassinations, Israel concentration camps, Israel racism, Mossad agents on the Jersey shore on 9/11. You will get millions of hits. Do your own research. Israel is a cancer on this country. It is destroying everything this country was founded on. This country is not supposed to support one religion over another. We have a constitution which guarentees equality before the law. Why the hell have we given the the Jewish state one penny? We have wasted trillions in the Middle East. The whole Middle East isn't worth one drop of American blood or one Americcan dollar.

Drunken Sailor| 2.11.13 @ 11:33AM

Gee Jack I did just what you said. Googled Israel torture. Almost all the links I followed from there were either banned by our work place filter due to hate/racism or they were all done by people with arab names. Don't think they may be a little biased do you?

TLP| 2.11.13 @ 3:21PM

I keep trying to get on Goggle, but my Server can't seem to make a Connection.

CJW| 2.11.13 @ 3:51PM

Jack
What do you mean by:

"Mossad agents on the Jersey shore on 9/11."

Drunken Sailor| 2.11.13 @ 4:23PM

Check any of the conspiracy websites. Basically they are saying 9/11 was planned by Mossad.

British intelligence reported in February 2002 that the Israeli Mossad ran the Arab hijacker cells that were later blamed by the US government's 9/11 Commission for carrying out the aerial attacks on the World Trade Center and Pentagon.
http://www.opednews.com/articl.....1-373.html

Drunken Sailor| 2.11.13 @ 4:27PM

Of course Wayne Madsen couldn't even make it past LT. in the Navy. The guy is a quack. Almost forgot according to him the USS Cole was hit by a missle lauched from a Israeli sub.

See why Jack believes his shit?

TLP| 2.11.13 @ 5:10PM

Goggle it.

CJW| 2.11.13 @ 6:03PM

DS and Tim
You know I was on the Jersey shore a month before 9/11, as was Albert, though not at the same time. Does this mean we are involved with the Mossad conspiracy?

Jack in Wi| 2.11.13 @ 5:29PM

It was all on Lox Snooze for 4 straight nights after 9/11. They told the story of how 5 Mossad agents were caught high fiving and jumping for joy on the Jersey shore as the Twin Towers collapsed. How it got on Brit Hume's show, I don't know? But it was by far the worst expose of Israel ever seen on American main stream media tthat I have seen. I figure old Rupert must have held up the Israeli's for a bundle. Because right after that Fox News became Lox Snooze. Google Five dancing Israeli's on 9/11. Try Israeli war crimes, Israeli war criminals, Israeli Terrorism, Israeli violations of International Law etc. You will get millions more hits. Shalom.

Pecos Pete| 2.11.13 @ 8:23PM

Jack: Hits don't make it so. Just to prove the point, google "Israel peace" and you'll get approx 228,000,000 hits. So, based on your method of proof, I'd say that Israel is a peace loving nation.

And just for the fun of it, I googled your proof for "Israeli war crimes" and found Facebook, HuffPo and many other blog links. So, I am right back where I started, you have to justify your diatribes.

Not us, nor me, nor anyone else has to go looking for your evidence just because you say it exists. As far as I am concerned (and I am sure everyone else here at TAS), until you provide reputable sources for your comments, your comments about Israel can not be trusted nor believed and should be totally ignored.

Jack in Wi| 2.11.13 @ 10:56AM

Mr. Babbin is a huge supporter of Israel. The policies he defends are made in Israel. The Constitution of this country has been schredded by following these policies. It is time to end it not mend it.

Doctor Right| 2.11.13 @ 3:50PM

First he takes an ice cold shower, puts on his hair-shirt, rubs brylcream into his thinning gray hair, waxes his teenie little moustache, and watches 10 minutes of "Triumph of the Will."

Jack in Wi| 2.11.13 @ 5:32PM

My hair may be gray, but I have a full head of very thick hair. Leni was a great propagandist. It was almost as good as Exodus or dozens of other Hollywood films.

Indy| 2.11.13 @ 7:43AM

Will the media cover this new book written by former Navy Seal Brandon Webb and former Green Beret Jack Murphy, The Definitive Report” or will they dismiss it as nonsense? Book was released today

"The ebook will begin to peel back a few of the layers of secrecy that have thus far protected John Brennan and some very shady activities undertaken by the National Security Council.
The book includes many never before revealed details about the Libyan Civil War and the post-war reconsolidation efforts undertaken by Private Military Companies, the CIA, and Ambassador Chris Stevens. This sets the stage for the situation that led to the attack on the US Consulate (technically a Temporary Mission Facility) in Benghazi. We then tell it like it actually happened that night and detail the heroic actions of Ty Woods and his fellow OGA operators. We will also shatter some myths and misconceptions about denied air support and the resignation of General Petraeus."

TLP| 2.11.13 @ 8:29AM

Do you really want an answer?

Stephie| 2.11.13 @ 8:45AM

I hope these gentleman warriors are watching their backs.

Indy| 2.11.13 @ 10:22AM

Murphy and Webb go on to make a shocking charge: “The nature of these operations remains highly classified. They were never intended to be known to anyone outside a very small circle in the Special Operations community and within Obama’s National Security Council. Ambassador Stevens, the CIA chief of station in Tripoli and then-director of the CIA, Gen. [David] Petraeus, had little if any knowledge about these JSOC missions.”

Secret missions being conducted behind the back of the nation’s spymaster? The fog of war is one thing. Blindfolding members of your own team is something else. Especially if some of those who were kept ignorant wound up dead.

With the tacit backing of a minimally involved Obama, Brennan conducted paramilitary operations that were “ ‘off the books’ in the sense that they were not coordinated through the Pentagon or other governmental agencies, including the CIA,” contend Murphy and Webb

http://m.nypost.com/p/news/opi.....KMs8NIWM/0

Will the Senate / House investigate? I'm not holding my breath Graham talks tough but is he focusing on the right thing? The allegations made in the book are strong but sources are not named. Would these former Special Ops guys stick their necks out without being able to back up their stories?

Doctor Right| 2.11.13 @ 3:51PM

No.

They won't.

Stop expecting them to do the right thing. They're swine.

Seapuss| 2.11.13 @ 8:35AM

If an American had showed up wearing a German army uniform on the staff of Erwin Rommel in North Africa in 1942, should we have: (a) shot him; or (b) gone to a court and got a warrant for his arrest?

That there is any debate on this subject in 2013 is ludicrous. We are fighting a war, not crime. All who would answer (b) are out to lunch.

GobBluthe| 2.11.13 @ 10:08AM

Neither A nor B. he would have been captured, trialed and executed.

TLP| 2.11.13 @ 3:35PM

Correction.

He would have been Captured, and Executed.

He would not have been trialed, unless you're referring to a Drumhead Trial.

Harry the Horrible| 2.11.13 @ 10:17AM

Have to agree with you. Once an American joins the enemy forces, you don't need any "due process" to send off to his maker. The real question shouldn't be about killing an American working for an enemy nation or NGO, but about defining "enemy." Seems to me that there a bunch of folks in DC who consider the NRA and/or the BSA to be "enemies." With DHS trying to warn against returning veterans as potential terrorists, we need a big freakin' brake on the Federal government's authority to just start shooting. Who do the Feds think they are - The LAPD?

But, in Alwaki's case, he was a member of an enemy NGO that had been at war with the US for the better part of a decade before we took notice. Once Congress had issued an "authorization to use force" again them, it was pretty much open season, American or not. There is no problem here. Doesn't mean there won't be one in the future, but there is no problem specifically with killing Alwaki.

Seapuss| 2.11.13 @ 10:32AM

Agreed!

Job| 2.11.13 @ 1:12PM

"The real question shouldn't be about killing an American working for an enemy nation or NGO, but about defining "enemy."

Bingo how do you define enemy? Since we can't define the Enemy we gotta settle for this precedent that endagers us all except for the traitors and their minions inside the beltway.

As long as were DEFINING incidents like Fort Hood as "workplace violence", we are proving that we have no business using drones on Americans PERIOD because the devil is in the details of the definition...and if a few wing nuts gotta breathe another day so be it... capish?

TLP| 2.11.13 @ 3:37PM

And, we need to determine if he truly is an Enemy Combatent, or if this is all just a Workplace Violence thingy.

Harry the Horrible| 2.11.13 @ 5:48PM

"Enemy" should be defined when Congress either declares war or issues an "authorization to use force." That way, when our turn comes, at least we'll know we're on the Kill List.

But that also probably means that a lot of drone strikes probably have been out of bounds...

Anthony| 2.11.13 @ 9:07AM

Brennan is the consumate D.C. insider hack. He has lingered on the edges as a gopher for decades and most recently, was taking heat for Obozo over a number of Obozo scandals.
Now the hack has made the big time.
Apparently, two things happen to those who stay in Washington too long, they become totally corrupt, and, under the theory that corrupt cream rises to the top, end up in high positons of authority. And so it is with Brennan.
As to Obozo using drones on American drones, I'm all for it. In fact, San Fran, Detroit, L.A. and any number of Democrat conclaves are in need of drone attacks, the sooner the better.

loulou| 2.11.13 @ 10:47AM

I hear that Brennan is a MUSLIM. Apparently he became a convert during his time in Saudi Arabia.

Louis Jenkins| 2.11.13 @ 9:07AM

One right minded blog that I frequent stated that Brennan was a converted Muslim. I tossed it off as crazy, but then after reading TLP's section, hummmm........There may be something to it.

Anthony| 2.11.13 @ 12:32PM

Well, I can't say I would be suprised to find out that Brennan had converted to Islam.
As the consumate politcal hack and bureaucrat, Inspector Renaud, said in Casablanca, " I go with the prevailing winds, and right now the winds are blowing from Vishy". Brennan looks and acts like the type of hack that would say and do anything to advance. He probably beats Obozo's prayer rug out each week to get rid of the dust and dirt.
Brennan probably is Obozo's towel boy at the bath house as well. r

TLP| 2.11.13 @ 3:41PM

I heard that Brennan converted to Islam for the opportunity to Marry 8 Year Olds, and to have Sex with their Goats while he's throwing Stones at their heads, in the back yards.

doramin| 2.11.13 @ 10:49PM

Sorry, I just try to imagine John Brennan making namaz in the morning on his carpet scrap with his butt in the air and his forehead on the deck saying Allah Akbar and I just lose it.

By the way, if shariah law starts to make it in the U.S. I'm converting, if that means I get to marry and divorce Muslim-style.

Von Mises Jr| 2.11.13 @ 9:16AM

For those that know history, tyrannical Emperors and Kings with unchecked power enslaved their own people, conducted unending wars and bankrupted their countries. Perhaps Jed should realize that if even good men can be corrupted by power as Lord Action told us, people corrupt to the bone can also gain power. This is why Montesquieu wrote on the Separation of Powers that dated back to the Roman Empire with two Consuls, a Senate and three Assemblies of the people. Any could stop policy.
Without Separation of Powers and checks and balances, you have an Emperor, King or Dictator. So Jed assumes that if Obama killed Osama, that his intentions are good. But if Obama is an agent of Saudi Arabia and as a Sunni is happy to kill Shiite Muslims or enemies of the Saudi King that does not make him a friend of the Constitution of the people. If Obama as a Marxist believes that the TEA Party are terrorist, then does he have the right to launch a drone attack on the next TEA Party rally in DC? If he is a stealth Muslim, does he have the right to destroy the Catholic Church?
I don't think I trust a neocon like Jed to urinate on the Constitution while Barry defecates on it. I think I will take the advice of the Roman's, Lord Action and Montesquieu and to hell with the neocons, Marxist and Islamists.

Jacob McCandles| 2.11.13 @ 9:34AM

I wonder if Randy Weaver has any thoughts about assassinating American citizens?

loulou| 2.11.13 @ 10:54AM

Apparently it's A-OK if it's the feds doing the assassinating.

CJW| 2.11.13 @ 6:05PM

How about the women and children who were incinirated at Waco by Janet Reno?

vtwin| 2.11.13 @ 9:53AM

The dangers to our republic from unchecked executive power from either the right (Bush) or the left (Obama) are real. But, do you really think you need “Obama is an agent of Saudi Arabia” to convince your comrades on the right?

Von Mises Jr| 2.11.13 @ 10:36AM

See twitvin, this is where you should have paid attention in school. "But if" is a condition or hypothetical. I did not use a categorical "He is."

But Obama did talk about "bitter clingers," his regime said the "TEA Party is domestic terrorist," he did say "punish your enemies" and "vote for revenge" and your girl Pelosi who apparently thinks the 1st Amendment protects gun rights called us "Nazis."
But if I use a hypothetical, you have an issue. Well screw you sister or metro-sexual or whatever you are.

loulou| 2.11.13 @ 10:53AM

But Obama IS an agent of Saudi Arabia.
Plus his CIA chief nominee Brennan is a convert to Islam. Don't be obtuse.

Anthony| 2.11.13 @ 11:39AM

Hey vtwin, look's like your chickens ar com'n home to roost. Better pray Obozo doesn't drop a drone on you. Drone on drone, I like the symmetry.
Bush is a boy scout compared to the felon Obozo. Fast & Furious and Benghazi, if Obozo was an R they'd have dragged his body through the streets of Washington by now.
Your Muslim Marxist president ain't the Hope & Change you thought he was, is he fool?

Job| 2.11.13 @ 1:21PM

Bravo

The Big E| 2.11.13 @ 9:42AM

I would be much less concerned about this whole situation if, during the first months of the Obama presidency, DHS Sec. Napolitano hadn't proclaimed returning veterans, those who oppose abortion, and those who support the 2nd amendment to be terrorist threats.

I would also feel better if these actions were being taken pursuant to a Declaration of War against a defined enemy.

As it stands, the President has basically assumed the power to order the killing of any American citizen whom he, in his infinite wisdom, views as a terrorist threat, and his DHS has already designated anyone who opposes his policies on abortion and the 2nd amendment to be a terrorist threat.

So yes, this should be a no-brainer - an American who takes up arms against his country sould be deemed to have surrendered his citizenship and subject to targeted combat like any other enemy leader.

But is it really such a leap to believe that targeted killings of Americans who pose a threat of violence to the country could morph into targeted killings of Americans who pose a non-violent "threat" to the country, to targeted killings of Americans who merely pose a "threat" to the country's policies, to targeted killings of Americans who pose a "threat" to the country's leadership, to targeted killing of Americans who merely oppose the leadership?

Pecos Pete| 2.11.13 @ 10:21AM

E: Agreed. And, let's not forget the massive accumulation of ammunition by the feds.

CJW| 2.11.13 @ 11:16AM

E,
Good points.
The disconnect is that we have not clearly identified the enemy, and there is not national will to pursue the war on terror. At first Bush called the "evildoers," which can cover anybody.
Obama calls it "overseas contingency operations," and Fort Hood a workplace incident.

All the pols keep telling us Islam is a religion of peace that has been highjacked by a few radicals. They insult our intelligence with this nonsense.

I agree that anyone who joins an enemy to fight us should be killed. Since we are not fighting a conventional war against an enemy in uniform, how do we establish that an American is fighting against us so we can assasinate him?

The Quirirn case, I believe, involved the 6 or 7 Germans , one an American, captured in Long Island tried and executed within one week by FDR.

This issue shuold be debated in Congress and Congress needs to define the enemy, and authorize the president to kill Americans who are the enemy.

This is a broad power to give to any president, and it must be limited.

TLP| 2.11.13 @ 3:43PM

The Germans were Executed per the Geneva Convention.

Another Document that these Democrats choose to ignore.

doramin| 2.11.13 @ 10:54PM

The Geneva Convention was/is also quite clear that non-uniformed combatants who belong to no legitimate armed forces have NO protections and can be shot out of hand. We owe this problem to GWB's pusillanimity. If he had simply applied the firing squad to Al Qaedists and Tallybans captured on the battlefield there would have been no need for the Gitmo charade in the first place.

Who Knows?| 2.11.13 @ 11:08AM

Obama is leading with his behind.

Pass it on.

Kudos to Michael Ledeen, for this insight.

Anthony| 2.11.13 @ 12:37PM

And then there's John Brennan, bringing up the rear.

TLP| 2.11.13 @ 3:44PM

You do realize that you're getting Purp hot, right?

JFGalt| 2.11.13 @ 12:36PM

I heard that LA is now classifying this ex-cop that they are hunting for as "Domestic Terrorism" and are planning on using drones to hunt him down. Once you let these govt types put you on a slippery slope - Where does it end?

TLP| 2.11.13 @ 1:42PM

It never ends.

Before you know it, this Domestic Terrorist will turn out to be 'Just one of Eric Holder's People who lives in Obama's Neighborhood'.

Anthony| 2.11.13 @ 1:56PM

They better take this guy out, because if he's captured alive we'll have another O.J. trial on our hands, and he'll be acquited.
The left are gaga over this guy, and he has become a cult hero like O.J never was.
Frankly, I knew America was headed into civil unrest after O.J. was acquited and watching the black community go wild over the verdict. The veneer of civil stability was razor thin, and that was in the roaring '90s.
The only thing that has suprised me is that it has taken this long and hasn't happened yet, but that's about to change.

TLP| 2.11.13 @ 3:46PM

They won't need another O.J. Trial.

Eric Holder will Let His People Go.

No doubt.

doramin| 2.11.13 @ 11:03PM

Before they threw the switch on him, John Allen Muhammed must have been kicking himself for not just shooting white people...

Judging from this balloon-head's botched attempt to steal that boat in San Diego I very much doubt he has a network of accomplices or that he had another vehicle to switch to after he torched his truck in snowy Big Bend. No, they'll either find his frozen corpse under a tree up there or in an empty cabin with his brains blown out.

Is Pete Seeger still writing songs? Mebbe' Joan Baez? Something tells me Bob Dylan is sitting this one out....I've got it! Bruce Springsteen needs to do something to stay relevant. I betcha' he'd be willing to risk it.

Intelligent Design| 2.11.13 @ 5:19PM

A step in the right direction would be to execute all the terrorists at Guantanamo right away, along with Major Hasan. Why not?

Marc Jeric| 2.12.13 @ 2:49AM

Forget all this mumbo-jumbo; the whole Arab Spring program is designed
1) to establish jihadist governments in all Muslim countries; and
2) to destroy Israel and murder all the Jews there, and then
3) to establish piece there after establishing the last jihadist government in "Palestine";
4) and thus to earn for Mullah Obama, our marxist Muslim President from Kenya (or was it Indonesia?) his seconf Nobel Piece Prize.

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