Obama on What Distinguishes Us from the Nazis

By Dennis Loo 

"[T]hat principle of habeas corpus, that a state can't just hold you for any reason without charging you and without giving you any kind of due process -- that’s the essence of who we are. I mean, you remember during the Nuremberg trials, part of what made us different was even after these Nazis had performed atrocities that no one had ever seen before, we still gave them a day in court and that taught the entire world about who we are but also the basic principles of rule of law.”
“After the Sept. 11 attacks, Bush gave the CIA, and later the military, authority to kill U.S. citizens abroad if strong evidence existed that an American was involved in organizing or carrying out terrorist actions against the United States or U.S. interests, military and intelligence officials said. The evidence has to meet a certain, defined threshold. The person, for instance, has to pose ‘a continuing and imminent threat to U.S. persons and interests,’ said one former intelligence official.
“The Obama administration has adopted the same stance. If a U.S. citizen joins al-Qaeda, ‘it doesn't really change anything from the standpoint of whether we can target them,’ a senior administration official said. "They are then part of the enemy."

“The JSOC list includes three Americans, including [Anwar al-] Aulaqi, whose name was added late last year. As of several months ago, the CIA list included three U.S. citizens, and an intelligence official said that Aulaqi's name has now been added.“

-- Washington Post, January 27, 2010

“[T]he relief he [Anwar al-Aulaqi’s father] seeks is based on unfounded speculation that the Executive Branch is acting or planning to act in a manner inconsistent with the terms of the requested injunction [to stop the US government from assassinating US citizen Anwar al-Aulaqi.] Because such allegations are entirely speculative and hypothetical, plaintiff cannot demonstrate that he faces the sort of real and immediate threat of future injury that is required in order to seek the relief he is requesting.“Moreover, the declaratory and injunctive relief plaintiff seeks is extremely abstract and therefore advisory—in effect, simply a command that the United States comply with generalized standards [i.e., due process - DL], without regard to any particular set of real or hypothetical facts, and without any realistic means of enforcement as applied to the real-time, heavily fact-dependent decisions made by military and other officials on the basis of complex and sensitive intelligence, tactical analysis and diplomatic considerations."
-- OPPOSITION TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS, September 24, 2010 [Obama’s DOJ’s opposition to Anwar al-Aulaqi’s father’s attempt to prevent Obama from murdering his son absent any jury finding Aulaqi guilty of anything, i.e., the due process that Obama above declared is what distinguishes us from the Nazis.]

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