Unpacking the Ramifications of Obama’s Targeted Killing Memo

Rosa Brooks unpacks the Obama JD’s targeted killing memo: “Like many legal documents, this one does fine on its own terms, but looks a lot less satisfying when taken out of its hermetically sealed legal universe.”

Related: John Fugelsang talks with Harper’s Scott Horton and Medea Benjamin of CODEPINK about the kill memo and a possible slippery slope into domestic assassination:

Update: Via Jack Goldsmith, two different takes on the white paper — first, Jeffrey Rosen is outraged:

The Justice Department white paper released on Monday by NBC News is the public’s first direct glimpse at the legal reasoning that the Obama administration relied on in using a drone strike to kill Anwar al-Awlaki, a U.S. citizen living in Yemen. The memo’s arguments are troubling on many levels. Although the Obama administration’s brief is directed at the assassination of Americans abroad, the arguments it offers could apply with equal force to the assassination of Americans at home; lawyers for the Bush administration who tried to justify lesser outrages have been pilloried for supporting torture. But perhaps most troubling is the administration’s attempt to redefine the idea of the kind of “imminent threat” that can justify a targeted assassination. . . .

There are other reasons to object to the administration’s justification of targeted assassinations—including its questionable claim that they are legally supported by Congress’s authorization of the use of force after 9/11. On pragmatic grounds, the administration’s brief is a disaster: As the Church Commission found after studying the attempted assassinations of Castro, targeted killings are likely to produce an international backlash that threatens far more American lives than they protect. But, as a legal matter, the casual, and unpersuasive, attempt to read out of American constitutional law the principle that government can only kill citizens in order to prevent imminent death or violence in return is the most objectionable of all.

And then there’s Eric Posner, who is not so outraged (and wonders what all the fuss is about):

So far, the reporting on the leaked white paper from the Justice Department about drone attacks clearly assumes that we are supposed to be outraged by the Obama administration’s legal theories, just as we were supposed to be outraged by the Bush administration’s. And outrage is being dutifully ginned up. But the memo is utterly conventional as legal analysis; its arguments could easily have been predicted. . . .

Obama and Bush administration lawyers have stretched the Constitution and traditional rules of international law to accommodate the threat posed by terrorism. Some people will say they violated the law. But given the political consensus supporting these moves within the U.S., it is more accurate to say that the law has evolved. It gives the president the discretion he needs, or at least wants, to address an amorphous threat. Let’s hope he uses that discretion wisely.

Quite the leap of faith, that (YMMV).

More from Goldsmith here and here, and from Ben “Keep Calm and Carry On Killing The Wogs” Wittes, who thinks this is all much ado about nothing.

White House Press Secretary Jay Carney On Targeted Killing: Lethal Strikes On U.S. Citizens ‘Legal,’ ‘Ethical,’ And ‘Wise’

Words fail (h/t):

A friendly reminder from TAFKAdnA:

The Obama administration claims that the secret judgment of a single “well-informed high level administration official” meets the demands of due process and is sufficient justification to kill an American citizen suspected of working with terrorists. That procedure is entirely secret. Thus it’s impossible to know which rules the administration has established to protect due process and to determine how closely those rules are followed. The government needs the approval of a judge to detain a suspected terrorist. To kill one, it need only give itself permission.

“Trust me” != due process, Mr. POTUS.

Related: Thomas P.M. Barnett:

For now, the only club whose membership can earn you such a “pre-sentence” is al-Qaeda, but how many dangerous organizations (you tell me where to put the sarcastic quotation marks on that phrase) will be added to this list in the years and decades ahead?

[…]

This is an extremely dangerous rule-set for America to be exporting around the world: threaten or scare of just plain piss off the wrong great-power government, and it reserves the right to assassinate you at will.  The quid pro quos are easy to imagine:  you, China, turn your back when we need to kill ours and . . . America can probably do the same when you take out those “protestors” (I mean, terrorists!).

I just have to ask: how does Obama lecture Netanyahu about anything at this point?

Deja Vu All Over Again (And Again, And Again, And…)

Stop me if you’ve heard this one before, Canuckistan:

Stephen Harper is leaving the door open once again to extending Canada’s military participation in the costly Afghanistan war.

When the Official Opposition NDP pressed the Prime Minister on Wednesday about reports the United States has asked Canada to stay in Afghanistan beyond 2014, Mr. Harper said the government would “examine all options.”

[…]

If the Prime Minister extended Canada’s military deployment beyond 2014, it would be the fourth time he has prolonged the soldiering commitment to Afghanistan – including 2006, 2008 and 2010.

Speaking in the Commons on Wednesday, Mr. Harper denied reports the United States has asked Canada to keep special forces soldiers in Afghanistan past 2014, his latest promised date for withdrawal.

As our new Leader of the Official Opposition aptly noted during Question Period yesterday, Canadians “want this mission to end. It was supposed to end in 2006. It was supposed to end in 2009. It was supposed to end in 2011. It is supposed to end in 2014. When will it finally end?””

Oh, and that last excerpted bit I highlighted, where the PM denies reports that Uncle Sam is trying to keep Canada in the Great Game for another Friedman or three? Methinks Mr. Harper is being a little coy. Mealsothinks that it’s a damn good thing Afghanistan is (for now, anyway) almost completely under the Campaign 2012 Village radar.

Because, considering the collective combat exhaustion of the USian polity, the last thing the Obama team needs are ill-timed reports that it’s secretly planning to continue America’s excellent (and highly unpopular) imperial Central Asian misadventure past it’s latest expiration date.

(Originally posted at Agonist.org)

IOKIYAR to Infinity.

Ok, so I know IOKIYAR is (and has been for ages) SOP in DC. Still, the manner in which the Village took Rosengate oh-so seriously (and turned it up TO ELEVEN) but is now suddenly backpeddling re: The Nuge’s semi-coherent call for Obama’s assassination (gosh, campaign surrogates sure do say the darndest things!*) is especially galling.

Steve M. breaks it down:

 [T]he press will shrug off Nugent because the press has been in denial for years about just how insane right-wingers are. No matter what angry, extreme, menacing, paranoid thing right-wingers are up to, the press is always looking for signs that it’s all just a silly phase, all just the work of a few outliers.

Mainstream journalists don’t want to admit that the vast majority of people in the right-wing base agree with every word Nugent said.

They certainly don’t want to believe that there’s any genuine connection between what Nugent said and Mitt Romney. Mitt Romney! Such an upstanding, responsible man! (Never mind that Romney has done the gang initiation and become one of the right-wing crazies. Never mind that his campaign actively sought out Nugent’s endorsement.)

The press acknowledged that Limbaugh’s Sandra Fluke remarks were extreme, and mocked Santorum surrogate Foster Friess. But now it’s Romney we’re talking about — the guy who reassures the press that the GOP is perfectly safe and responsible. Unless Romney picks a Palinesque running mate, no one in the press is ever going to believe that any right-wing extremism has anything to do with him — or his voter base, even though what Nugent said precisely captures that base’s thinking.

I don’t believe the Beltway is starting to fall for Romney like it did McMaverick (tire swing!) But without question Village refs are far more easily worked by sharp-elbowed wingnuts than by progressive interests. Plus, Mittens’ rep as a flag twisting in the political winds perversely appeals to reflexively cynical Villager scorn for anything that resembles sincerity & passion (oh so savvy!)

Which is (sadly) good news for Mitt Romney and bad news for those who appreciate reality that is unobstructed by the fuzzy view from the bottom of some stenographic wanker’s highball.

*Politico may titter at wingnut incitement of violence towards members of the US Federal government — including POTUS — but the Secret Service sure doesn’t.

Etch-A-Mitt Shakes Things Up Again: Welfare Moms Better Off With “The Dignity of Work”

Via Ryan Grim (ICYMI):

Apparently Ann Romney forgot to mention to Willard that moms who don’t work outside the home do THE MOST IMPORTANT JOB IN THE WORLD!!!1 and already have ample dignity, thankyouverymuchyousupersexistsoand…

oh, wait — Mittens meant those moms — y’know, the ones who can’t afford dignity.

Sorry. They gotsta earn their Caddies (if not teh car elevators).

Related: Pay no attention to the ongoing war on women voting.

The Pre-Butterfly Effect

Gee, I can’t imagine why the gender gap between the Democratic Party and the GOP has widened into a yawning chasm:

HUNT: Let me ask you this. The Democrats of course say you are waging, the GOP is waging a war on women. I know you don’t agree with that, but looking at the polls, you have a gender gap problem. Recent polls show a huge, huge margin for Democrats among women voters. How big a problem is it? How do you close it?
PRIEBUS: Well, for one thing, if the Democrats said we had a war on caterpillars, and mainstream media outlet talked about the fact that Republicans have a war on caterpillars, then we have problems with caterpillars. The fact of the matter is it’s a fiction and this started a war against the Vatican that this president pursued. He still hasn’t answered Archbishop Dolan’s issues with Obama world and Obamacare, so I think that’s the first issue.

Don’t worry, ladies (Or should I say larvae?). I’m sure Ann Romney will be happy to take some of your concerns down for the boys to look at later, once they’ve finished girding their loins for the latest pre-fab Culture War skirmish.

I hear she’s an absolute wiz at shorthand.

h/t Echidne

Image: Flickr, used via Creative Commons

Gary Don’t. Please, Just Don’t.

by matttbastard

I have no clue who I’m going to endorse for the NDP leadership — but I sure as shit know which potential candidate will never, ever receive a vote from yours truly: sellout 3rd way posterchild Gary Doer, who has apparently sold his soul to rock & roll Ethical Oil™, that filthiest of filthy lucre.

The G&M:

Since becoming Canada’s ambassador to the United States in late 2009, the former Manitoba premier has travelled from the Carolinas to California, and to most points in between, to make the case for the oil sands.

[…]

Calgary-based TransCanada’s $7-billion Keystone XL pipeline fits into Mr. Doer’s economic pitch as a major infrastructure project that would create 20,000 unionized construction jobs and hundreds of millions of dollars in tax and other revenues in the six states through which it would pass.

The pipeline would almost double the capacity of Alberta crude that TransCanada can ship south, to 1.1 million barrels a day, and provide a direct line to Gulf of Mexico refineries on the Texas coast.

The U.S. State Department must approve the project since the pipeline crosses an international boundary and Secretary of State Hillary Clinton has promised a decision by year-end.

[…]

Mr. Doer, who was a highly-popular New Democratic premier and whose name has been raised as a future federal party leader, is hardly taking the pipeline’s approval for granted.

To everyone he meets these days, he insists the 2,700-kilometre Keystone XL would adhere to far tougher safety standards than any of the 235,000 kilometres of oil pipelines already built in the United States.

And he counters the reputation of oil sands crude as “dirty” owing to the greater amounts of freshwater depletion, greenhouse gas emissions and deforestation it causes compared with conventional oil production.

“We believe that when somebody claims something that’s 10 years old about water utilization or [carbon] emissions, we have to put the facts on the table,” he said, noting that it now takes far less water to produce a barrel of oil sands oil than it does to produce the same amount of ethanol.

“There have been major improvements made. We’re not saying to anyone that they’re complete. We’ve got to keep using innovations to improve water utilization and emissions per barrel.”

Yeah, no offense to those who get giddy imagining Doer at the NDP helm going into 2015, but come the fuck on. Handing the party over to the Harper Government’s hand-picked agent of environmental destruction would be the ultimate desecration of Layton’s pragmatic, progressive legacy. And that is attendant reality Dippers will also have to face.

Really.

Fun With Infographics (STILL Worst Preznit EVA)

by matttbastard

Michael Tomasky:

The Boston Globe ran a chart last Sunday that I’d buy billboard space to reproduce in every decent-size city in America, if I were running the Democratic National Committee. The premise of it was very simple: It showed how many trillions each president since Ronald Reagan has added to the nation’s debt. The debt was about $1 trillion when Reagan took office, and then: Reagan, $1.9 trillion; George H.W. Bush, $1.5 trillion (in just four years); Bill Clinton, $1.4 trillion; Obama, $2.4 trillion.

Oh, wait. I skipped someone. George W. Bush ran up $6.4 trillion. That’s nearly half—44.7 percent—of the $14.3 trillion total. We all know what did it—two massive tax cuts geared toward the rich (along with other similar measures, like slashing the capital gains and inheritance taxes), the off-the-books wars, the unfunded Medicare expansion, and so on. But the number is staggering and worth dwelling on. In a history covering 30 years, nearly half the debt was run up in eight. Even the allegedly socialist Obama at his most allegedly wanton doesn’t compare to Dubya; and Obama’s debt numbers, if he’s reelected, will surely not double or even come close as we gambol down Austerity Lane.

On a related note, if the allegedly socialist Obama is pretty much toast in 2012, as dnA argues, what happens if the GOP decides to double down on the Evangelical Jesus Juice and storm the White House with “George W. Bush on Steroids” at the point?

ON STEROIDS.

PS: WORST PREZNIT EVA.

Another Stop Along the Road to Damascus

by matttbastard

The pullquote from one of David Frum’s latest eviscerations of contemporary USian conservative folly, a meditative riff on Susan Sontag’s infamous “Were our enemies right?” speech, was making the rounds yesterday (eventually getting linked by the subject of Frum’s counterfactual). And yeah, it’s sharply on point. However, a preceding passage also deserves to be highlighted; though directed towards conservatives, I think all who are generally concerned about ideology trumping pesky facts can relate to varying degrees:

When people tell me that I’ve changed my mind too much about too many things over the past four years, I can only point to the devastation wrought by this crisis and wonder: How closed must your thinking be if it isn’t affected by a disaster of such magnitude? And in fact, almost all of our thinking has been somehow affected: hence the drift of so many conservatives away from what used to be the mainstream market-oriented Washington Consensus toward Austrian economics and Ron Paul style hard-money libertarianism. The ground they and I used to occupy stands increasingly empty.

I know this is far from the first time that Frum has taken the contemporary GOP to task for marginalizing conservatives who aren’t down with the JBS and understand there’s a time/place for Keynesian stimulus. But still, it bears repeating, especially for a Canadian audience all too aware of Mr. Frum’s movement pedigree: Even David fucking Frum has watched his once-seemingly unbreakable bond with rigid right-wing ideology unravel in the wake of cataclysmic circumstance (ie, the biggest global economic downturn since the capitol-‘D’ Depression. That, and the GOP Big Tent collapsing under the weight of a steaming pile of Tea Party batshit.)

Now if only the White House weren’t seemingly joined at the hip with the status quo.

Image: Urban Sea Star, Flickr

Obama’s Citizenship & Race: Separated at Birth?

It never ceases to amaze me how eager some white liberals are to divorce race from political analysis when it comes to Obama. Bob Somerby of the Daily Howler (who seems to have settled nicely into his blogospheric role as the curmudgeonly Luddite uncle who refuses to replace his black and white TV with a flat-screen plasma because, goddammit, a 10″ Zenith was good enough for Al Gore back in college) has been relentless in his contention that wingnut animus towards the 2nd blackest president ever is simply par for the course when you’re a Dem. Even Birtherism is merely a burden that anyone with a ‘D’ following their name must bear.

Brendan Nyhan approvingly quotes:

Bob Somerby of The Daily Howler objects to the liberal conventional wisdom that, as the New York Times put it, “It is inconceivable that this campaign [birtherism]… would have been conducted against a white president”:

We think it was a remarkable statement because somewhat similar campaigns already have been conducted against white candidates. A somewhat similar campaign was conducted in 1988 against Candidate Michael Dukakis, for instance. After that, strains of the same ethnic/nativist cards were played against Candidate Kerry in 2004.

Somewhat similar except, well, they aren’t — unless one can recall a protracted disinformation campaign against either individual questioning their bloody American citizenship (rather than, eg, their patriotism, a more common line of attack faced by the left) that managed to drive the news cycle for well over 3 years. Nyhan himself acknowledges that Obama’s “unique” life circumstances have driven the way conspiratorial attacks are framed, before trying to use Chester A. Arthur as a counterexample of a white president who also faced baseless attacks on his citizenship. Which is true, except, as again noted by Nyhan, those attacks were framed in the context of Arthur’s Irish identity.

In the 1800s.

(No need to apply, natch.)

So, um, yeah,  nativist attacks against a member of a marginalized ethnic group clearly prove that race isn’t really a factor when it comes to Birtherism.

Look, no matter how many counterarguments are offered, one shouldn’t discount the fact that Obama’s ethnic identity affects the tone and tenor of attacks being leveled against him, and how said attacks are received by the general public (without twisting one’s contentions into Gordian-like contortions, that is). From the beginning, race has influenced how we frame this issue (much like Clinton’s identity as an ex-’60s radical boomer fed into the still-lingering divide of an America embroiled in the Culture Wars, or W’s class background and swaggering anti-intellectualism shaped how he was portrayed and perceived, both by supporters and detractors). To point that out isn’t to label any and all critics or criticism racist (though, obviously, some are), but, again, to try and properly contextualize.

Political opportunists jump on any and all opportunities; for some, Obama’s racial identity presents an all-too-tempting opening for baseless attacks that, if leveled against, say, Ronald Reagan or Jimmy Carter, would hold no traction.

On a less analytical note, it’s frustrating to be constantly lectured about what is and isn’t ‘racist’ by those who, quite frankly, have no lived experience with racism, merely in abstract. For many of us, this isn’t an intellectual exercise. When we see Obama’s citizenship in question on a mass scale, we recall all the myriad times some cluelessly earnest soul has asked us where we’re from originally (because apparently dark skin in a normatively white culture instantly screams ‘other’), an all-too familiar suspicion that, through Birtherism, has now been magnified to ridiculous proportions.

Yes, based on past history, any Dem holding the keys to the Oval Office would likely be subject to a dishonest scorched earth smear campaign by the GOP and associated right-wing partisans. But that doesn’t mean Birtherism is simply par for the course. Obama is being attacked because he’s a Democratic POTUS and because he’s a scary person of colour with a funny name.

It’s not an either/or proposition.

(x-posted)

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