Top Legal Expert: “President Obama … Says That He Can Kill [Any American Citizen Without Any Charge and] On His Own Discretion. He Can Jail You Indefinitely On His Own Discretion”

Government Says It Can Assassinate or Indefinitely Detain Americans on American Soil Without Any Due Process of Law

I’ve previously noted that Obama says that he can assassinate American citizens living on U.S. soil.

This admittedly sounds over-the-top.  But one of the nation’s top constitutional and military law experts – Jonathan Turley – agrees.

Turley:

  • Is the second most cited law professor in the country
  • Has worked as both the CBS and NBC legal analyst during national controversies
  • Ranks 38th in the top 100 most cited ‘public intellectuals’ in a recent study by a well-known judge
  • Is one of the top 10 lawyers handling military cases
  • Has served as a consultant on homeland security and constitutional issues
  • Is a frequent witness before the House and Senate on constitutional and statutory issues

Turley said yesterday on C-Span (starting at 15:50):

President Obama has just stated a policy that he can have any American citizen killed without any charge, without any review, except his own. If he’s satisfied that you are a terrorist, he says that he can kill you anywhere in the world including in the United States.

Two of his aides just … reaffirmed they believe that American citizens can be killed on the order of the President anywhere including the United States.

You’ve now got a president who says that he can kill you on his own discretion. He can jail you indefinitely on his own discretion

***

I don’t think the the Framers ever anticipated that [the American people would be so apathetic]. They assumed that people would hold their liberties close, and that they wouldn’t relax …

The Government Has Never Given a Rationale for Assassination

While one might assume that the government has given a valid justification for the claim that it can assassinate anyone anywhere, the Washington Post noted yesterday:

In outlining its legal reasoning, the administration has cited broad congressional authorizations and presidential approvals, the international laws of war and the right to self-defense. But it has not offered the American public, uneasy allies or international authorities any specifics that would make it possible to judge how it is applying those laws.

***

“They’ve based it on the personal legitimacy of [President] Obama — the ‘trust me’ concept,” [American University law professor Kenneth Anderson] said. “That’s not a viable concept for a president going forward.”

***

Under domestic law, the administration considers [assassinations] to be covered by the Authorization for Use of Military Force that Congress passed days after the Sept. 11, 2001, attacks. In two key sentences that have no expiration date, the AUMF gives the president sole power to use “all necessary and appropriate force” against nations, groups or persons who committed or aided the attacks, and to prevent future attacks. [But the government just broadened the authorization for use of military force from those who attacked us on 9/11 to include the Taliban and the vague category of “associated forces”.]

***

The authorization did not address targets’ nationality or set geographical boundaries, and there was “nothing about the permission of the government” of any country where a terrorist might be found, the former official said.

And see this.

Almost Any American Could Be Arbitrarily Labeled a “Terrorist”

As I’ve previously noted, this is especially concerning when almost any American could be labeled a “terrorist” if the government doesn’t happen to like them:

It is dangerous in a climate where you can be labeled as or suspected of being a terrorist simply for questioning war, protesting anything, asking questions about pollution or about Wall Street shenanigans, supporting Ron Paul, being a libertarian, holding gold, or stocking up on more than 7 days of food. [And the FBI says that activists who investigate factory farms can be prosecuted as terrorists.] And see this.

And it is problematic in a period in which FBI agents and CIA intelligence officials, constitutional law expert professor Jonathan Turley, Time Magazine, Keith Olbermann and the Washington Post have all said that U.S. government officials “were trying to create an atmosphere of fear in which the American people would give them more power”, and even former Secretary of Homeland Security – Tom Ridge – admitst hat he was pressured to raise terror alerts to help Bush win reelection.

And it is counter-productive in an age when the government – instead of doing the things which could actually make us safer – are doing things which increasethe risk of terrorism.

And it is insane in a time of perpetual war. See this, this, this and this.

And when the “War on Terror” in the Middle East and North Africa which is being used to justify the attack on Americans was planned long before 9/11.

And when Jimmy Carter’s National Security Adviser told the Senate in 2007 that the war on terror is “a mythical historical narrative”. And 9/11 was entirely foreseeable, but wasn’t stopped. Indeed, no one in Washington even wants to hear how 9/11 happened, even though that is necessary to stop future terrorist attacks. And the military has bombed a bunch of oil-rich countries when it could have instead taken out Bin Laden years ago.

***

And – given that U.S. soldiers admit that if they accidentally kill innocent Iraqis and Afghanis, they then “drop” automatic weapons near their body so they can pretend they were militants – it is unlikely that the government would ever admit that an American citizen it assassinated was an innocent civilian who has nothing at all to do with terrorism.

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  • http://templestream.blogspot.com/ Rick

    Help wake up the ‘out of touch’ Christian vote!

    Link articles and free artwork in blogs and emails:

    The ‘Other’ 2012 Christian US Voters Guide
    http://templestream.blogspot.com/2011/12/other-2012-christian-voters-guide.html

    The Christian / Neocon Quiz
    http://www.flickr.com/photos/49509398@N02/6541750035/in/photostream

    Free Ron Paul artwork – Templestream Flickr photostream
    http://www.flickr.com/photos/49509398@N02/6536031707/in/photostream

  • http://blogdredd.blogspot.com/ Dredd

    The germ theory of government is looking more and more viable.

  • http://vidrebel.wordpress.com/ Horse237

    Please Google This: Eric Holder: Hero Of Oklahoma City, Defender Of Mexico

    America is beginning to look more like Mexico under CIA-Sinaloa-Federali occupation.

    If you are wondering why I have been unusually polite to Mr Holder, I must explain that under the provisions of the NDAA he can have me disappeared into a secret prison without a lawyer or a trial. I could be tortured and killed. The Department of Justice has probably already established guidelines as to what qualifies bloggers to be tortured as opposed to the mere suspension of our First Amendment rights to express our views or to peaceably assemble to present our grievances to the government. Did I fail to mention that I believe every lie Washington DC has ever told and that slavery is freedom?

    Mr Holder, please do not torture me. Of course there are limits. I think I would rather die than to vote for either Barack Obama or Jeb Bush in 2012. Newt Gingrich and Mitt Romney are so 20 minutes ago.

  • Herb

    [Most interesting, Washington’s Blog. I came across this telling little snippet on the web. Enjoy.]

    Christmas in Obama’s America

    A dirty-looking old man is seated on a park bench. He sees a young boy coming by and says (while looking nervously around) “Hey, kid, you wanna see something that you’re not supposed to see or even think about – something that has the words ‘MERRY CHRISTMAS’ in it?”

    (If you liked what you just read, you’ll love reading “Obamas Fulfilling the Bible” which is found on Yahoo, AOL etc.)

  • Paul

    Doesn’t the NDAA explicitly states that its prescriptions regardind terrorists does not apply to US citizens or foreigners that are legally living in the US ?

    • Alex

      Minor loophole.. While on it’s own, the NDAA would be essentially like the Patriot Act… However.. There’s the rub.. The NDAA says it will not interfere with any current legislation regarding the rights of U.S Citizens.. That is where the Patriot act joins with NDAA and literally ushers in Totalitarianism

  • Soryang

    Ex Parte Milligan, one of the greatest legal decisions of the Supreme Court put the issue of martial law for US civilians to rest for all time. The entire common law tradition and the constitutional requirement for superiority of civilian jurisdiction over the the military is laid out in historical detail.

    Then a panicky WWII era Supreme Court, simply discarded Milligan without explanation in In ex parte Quirin. This is the case that forms the basis for John Yoo’s theory the President can do whatever he wants during wartime to anyone. This is the same thinking that brought about the Japanese American internment during WWII. The thesis (and Congressional “finding”) behind the DAA is that the US is a battlefield. This is patent nonsense and an attempt to justify martial jurisdiction as if there was a wartime exigency affecting the courts which doesn’t, in fact, exist.

    The DAA is a direct attack on the Bill of Rights and the power of the third branch, the Judiciary.

  • eric smith

    I e-mailed Sen. Casey on this issue and he assured me only members of AlQaeda can be targeted for these policies. What is the truth her?

  • Wayne

    HR 1540, section 1021 seems to clash with section 8a of the War Powers Resolution of 1973, since it is part of an appropriations Act.

    “SEC. 8. (a) Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred–
    (1) from any provision of law (whether or not in effect before the date of the enactment of this joint resolution), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution; or …”

  • John

    How about instead of quoting somebody else about what Obama has said, why not quote Obama himself?

  • she

    We are moving towards a malitia state being prepared is not something I feel we can do, There already to many things already in force….. Going underground is the only answer………

  • American Patriot

    It’s hard to believe this is happening in America but when one knows who controls Obama, it appears to point right at those pushing the NWO.
    http://www.biblebelievers.org.au/obamalist.htm

  • Informed Patriot

    Talk about misleading.. the CSPAN interview actually says that Obama just stated that he is going to MAINTAIN the policy – MAINTAIN BEING THE KEY WORD – The Patriot Act was extended, so this is the same laws written and passed by the GOP under Bush. So, Bush also had this right as well. The Bush administration held people in Guantanamo Bay, the Obama administration closed that gulag.

    Bush had the same rights, and locked up people without due process.

    • howiem

      Gitmo is still open

    • sheepdog 1776

      Well UN-informed anti PATRIOT, Gitmo is not closed, and never will be. There is a reason it was drafted many years prior to 9/11. Can you point to the article or report you heard this from?

      Oh, your correct with your statement that Bush W. created the Patriot Act however you forgot to mention Bush did so along with several Senators, his senior staff etc, and since a President can’t enact a bill except through executive order it usually is voted and passed by the senate.

      So to hold a President totally liable for a law or act is naive. Those Senators you love to put into office is what hurts or helps our country more than a President can, with the exception of Reagan.

    • Alec

      Not a very well “Informed Patriot” are you? Guantanamo is still open and, as long as you mention the GOP as if detaing people for no reason is a party principle, it was the democrats that were also in favor of keeping the place open, though why you think those “enemy combatants” (a term coined by FDR) are innocent, I have no idea.

  • Bruce David

    Given Turley’s expertise and personal feelings about the abuse of power at the executive level, I wonder if he might elaborate on this and what the legal process might be to indict such leaders and bureau heads for treason as it’s apparent to most of us there are too many unconstitutional acts being carried out by members of government.

    • Rhonda clark

      Mr.can.a.illigal.like.odama.take.office..or.OATH.undr.fake.name..and.also.can.our.military.or.ICE..arrest.odama.since.they.took.OATH.to.defend.USA.against.a.domestic.enemy?..MR.my.key.pad.is.droken..can.you.tell.people.adout.this.site..no.one.will.take.me.seasley..cause.I.just.cant.spell.and.my.key.pad

  • http://twitter.com/_nissibri ♛ anissa brianne

    Um… What?

  • http://www.facebook.com/rhonda.clark.5494 Rhonda Clark

    he.almost.has.it.right.go.to.(ANTICHRIST.go.to.page.see.small.tv.Jesus.said.odamas.whole.name.in.HEDREW!

    • http://www.facebook.com/rhonda.clark.5494 Rhonda Clark

      go.to.inforwars.u-tude..(WORLD.WAR3)..(MARTIAL.LAW)..(NDAA.LAW)..(FEMA.CAMPS.800.in.USA.with.gas.chamderes)..(PLASTIC.COFFENS)..(GOVERNMENT.ORDERES.MILLIONS.OF.DULLETS)…(NEW.WORLD.ORDER)..(CIVIAL.WAR2013USA)..(ODAMAS.CIVIAL.WAR)..(RIOT2013USA)..(DEATH.TO.WHITE.PEOPLE)..(WILL.KILL.WHITE.PEOPLE)..(LITINOES.WILL.KILL.WHITE.PEOPLE)…=.(ARMEGETION..go.to.pages.see.veidies.go.to.u-))tude.WERE.DEAD)

      • Rhonda clark

        most.important..infor.wars..utude..WORLD.WAR3…RIOT.2013USA…also..mezicians.are.saying.CHINEESE.TROOPS.IN.MEZICIO)..the.construction.people.said.the.duilt.small.houses.for.them

      • http://smu.gs/L1p7XU winston

        infowars is full of disino. It’s been said that, ‘the best disinformation is 90% true.’ I dont think Jones’ outfit reaches these levels but there’s no question that making solid points about the problems with the official account of 9/11 and then the following day talk about Moloch worshipers who rule the world and are purposely poisoning all of (presumably themselves as well) us, is going to make many people dismiss the lot as nutty ‘conspiracy theories.’ This is one way disinformaiton works. The meme of the caricature of the wacky conspiracist the media has worked so feverishly and successfully to perpetuate.

  • http://twitter.com/doraherma Dora Hermann

    Start petitioning to (petition2congress) for petitions as well as contacting via phone calls to judge Roberts(bad guy) judge Roy Moore(Good Guy), Joe Arpaio, Ted Cruz, Rand Paul, Steve Stockman (of Texas) 202-225-1555 who is trying to impeach obama!. These people are trying to fight this president & all he is about! Let them know what we are about & what we are trying to do to help! I have started my own conservative group & connected w/ black & latin conservatives as well as some of the local gun dealers. We are stronger in numbers!!

  • Rhonda clark

    please..just..go.to.these.2.sites…i.put.more.up.for.you…infor.wars.utude..WORLD.WAR3….RIOT2013USA

  • http://www.facebook.com/steve.foster.9041 Steve Foster

    I guess now we know why he wants are guns

    • Brooklyn Boogie

      Yes Sir!

      When the people fear the government, there is tyranny. When the government fears the people, there is liberty. All tyranny needs to gain a foothold is for people of good conscience to remain silent. There is no week nor day nor hour when tyranny may not enter upon this country, if the people lose their roughness and spirit of defiance. Withholding information is the essence of tyranny. Control of the flow of information is the tool of the dictatorship. All the animals, the plants, the minerals, even other kinds of men, are being broken and reassembled every day, to preserve an elite few, who are the loudest to theorize on freedom, but the least free of all. There is no worse tyranny than to force a man to pay for what he does not want merely because you think it would be good for him.

      Rebellion to tyranny is obedience to to one’s self….to your neighbor.

      -Just too many to count.

      Anyone who holds this much contempt and utter disregard for the Constitution is himself or herself, a traitor. Presidents take an oath to uphold and abide by the Constitution,not shit all over it and call it art.Dictator Obama is not ashamed of himself & actually,if he wanted,he could have me killed or jailed for life if “he” so see’s fit. Maybe I shouldn’t be voicing my opinions at someone else’s house!Oh wait! I’m really not entitled to opinions anymore,regardless of where I’m at.

  • Rhonda clark

    Go to pages (GOVERNMENT ORDERES MILLIONS OF BULLETS) (NDAA LAW) (MARTIAL LAW (IS OBAMA GAY 3 loveres of his murdered) go to utube (INFOR WARS WORLD WAR3 you have to see his whole plans) (OBAMA WILL KILL US (page IS OBAMA THE ANTICHRIST jesus said his whole fake name in HEBREW! jesus said he ould use it)WND EXCLUSIVE college football star KNOCK OUT GAME blacks beating kids brains in school) (CHICGIO HOMICIDES 2012 or 13) LOS ANGELES 2012HOMICIDES all murderes were minorities) (Utube with Ace Ventura FEMA CAMPS see bush put them in now obama put 800 in USA he also added gas chamberes in them and train cars if you watch (RIOT2013USA youll see them and most important WORLD WAR3

    • savannah43

      You mean WWII Redux? Loon. Seek meds.

  • http://www.facebook.com/profile.php?id=100002289004475 Joe Davis

    I guess that gives us the right to kill feds, right?

  • K.C.

    I know for fact this is true, I am a TI.

    • JF

      I am also a TI. For close to thirty years. I am so damn tired of being tortured everyday!!, I am certainly no terrorist nor am I a criminal. Just a government guinea pig. I have come to the conclusion that these psychotronic, ELF weapons, or whatever else you want to call them are a death sentence.

  • http://www.facebook.com/travis.riley.543 Travis Riley

    Guess what? When you drive on the roads or get coffee at a coffee shop or are working at work, WHAT YOU ARE DOING IS NOT SUPPOSED TO BE PRIVATE. THOSE ARE ALL PUBLIC THINGS. No one actually watches any of that footage unless you are committing a crime or running a stop light or stealing money at work. Your fucking expectations of what is deemed ‘private’ are ridicules. If you wan’t to function and live in a society you will just have to live with it. I can’t watch anymore of this idiot.

    • eponymous1

      “Ridicules.” Is that why you work as a valet at a car park?

  • JNWesner

    I’m both a secular humanist and an ACLU member. I guess I’d better start looking over my shoulder. (Realistically speaking, just what am I supposed to do? I won’t storm the fortress; for one thing I’m in Albuquerque and the fortress is — where, DC?)

  • Tatiana Covington

    The awful truth is that the Constitution has no more power to protect you, than does a comic book.

  • James D

    We need to take back our country from this asshole so we can use our guns and money freely
    With out getting killed over this new law…

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