Think Humanely

Your President has decided that you deserve to be killed; consequently, he is going to send a drone/special forces/mercenaries to come assassinate you – not arrest you, detain you, or even ship you over to one of our black sites to be tortured indefinitely. You’ll simply be murdered. I’m using the plural version of ‘you’ (although I’m not sure if this should make you more or less frightened) since our President has granted himself the authority to assassinate any and all American citizens. There will be no trial. There will be no warrant. There will be no judge, prosecutor and certainly no defense attorney. There will be his word. He will be the Alpha and Omega, and you will be dead.

This isn’t the insane hypothetical of Glenn Beck, all worked up about what the secretly-Muslim/socialist/Marxist/racist Obama wants to do to White America. This is what Obama has actually argued he has the right to do, and it is what he is actively attempting to do to an American citizen. Please see here for a detailed analysis of the particular case in question. The illegality of such a craven, despotic power is not in question (not by reasonable, moral people at least – and certainly not by those familiar with the actual laws in question). Yet it is a power that as of yet remains unchecked. This hasn’t worked its way up to the Supreme Court (and it’s not yet clear if any court will even allow a challenge to this at all), and the media and most political pundits haven’t done much of anything to denounce it. There is, however, one important exception: Dennis Kucinich, a man who is often ridiculed for, of all things, his appearance, as well as the audacity he shows whenever he “foolishly” runs for President.

On July 30, Kucinich introduced HR 6010 “to prohibit the extrajudicial killing of United States citizens, and for other purposes.” Let’s pause for just a moment and bask in how immensely ludicrous it is that I am writing an article praising a politician sworn to uphold the Constitution for introducing a bill saying that assassinating American citizens – without anything even remotely resembling a trial – should be illegal…I feel a little nauseas. Moving on: below is a brief excerpt from the bill.

(1) On January 27, 2010, The Washington Post revealed that United States citizens have been included on lists maintained by the Central Intelligence Agency (CIA) and the Joint Special Operations Command (JSOC) to be assassinated.

(2) The January 27 Washington Post article reported that the JSOC and CIA maintain lists of individuals deemed ‘High Value Targets’ and ‘High Value Individuals’, whom they seek to kill or capture, that the lists currently include United States citizens, and that the President has authorized military operations with the express understanding that a United States citizen may be killed.

(3) Admiral Dennis C. Blair, then the Director of National Intelligence, in testimony before the House Select Committee on Intelligence on February 3, 2010, confirmed the policy of including United States citizens on such lists, stating that ‘a decision to use lethal force against a U.S. citizen must get special permission’ before the targeting of a United States citizen can be granted and that ‘being a U.S. citizen will not spare an American from getting assassinated by military or intelligence operatives overseas if the individual is working with terrorists and planning to attack fellow Americans.’

(4) The Obama administration has publicly authorized the extrajudicial killing of Anwar Al-Awlaki, a United States citizen born in New Mexico who is accused of involvement in terrorist organizations abroad, the first confirmed United States citizen to be added to a CIA list of targets for capture or killing.

(5) According to an article published in The Nation in November 2009, the private security contractor Blackwater Worldwide, now Xe Services, is intimately involved with the targeted assassination programs run by the CIA and JSOC in Pakistan.

(6) Department of Defense Instruction 1100.22, issued on April 12, 2010, states that ‘security is inherently governmental’ and that the ‘U.S. Government has exclusive responsibility for discretionary decisions concerning the appropriate, measured use of combat power, including the offensive use of destructive or deadly force on behalf of the United States’, particularly in operations that have virtually no transparency, accountability, or oversight.

(7) United States Attorney General Eric J. Holder recognized that the Department of Justice has successfully prosecuted many terrorism defendants in Federal courts, stating on Friday, November 13, 2009, that ‘for over two hundred years, our nation has relied on a faithful adherence to the rule of law to bring criminals to justice . . . Once again we will ask our legal system to rise to that challenge, and I am confident it will answer the call with fairness and justice’.

(8) Executive Order 12333 (46 Fed. Reg. 59941; relating to United States intelligence activities), issued by President Ronald Reagan in 1981, stated, ‘No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination’.

(9) Executive Order 11905 (41 Fed. Reg. 7703; relating to United States foreign intelligence activities), issued by President Gerald Ford in 1976, stated, ‘No employee of the United States Government shall engage in, or conspire to engage in, political assassination’.

While the above is plenty disturbing in and of itself, section two of the bill opens with this statement: “due process of law is a fundamental principle in the United States Constitution, the United States has a commitment to the principles included in the Bill of Rights, and no United States citizen, regardless of location, can be ‘deprived of life, liberty, property, without due process of law’, as stated in Article XIV of the Constitution.” The fact that this has to be stated in the actual bill is mind-boggling. What is even worse, however, is that it will likely fall on deaf ears. Due process, the Bill of Rights, these are just words to be disregarded and misrepresented. What matters are to our current crop of politicians and the ignorant Americans who support them are outcomes, and the government has decided that the outcome it wants is one in which it has the authority to kill Americans by fiat. And this is the outcome that both the majority of politicians and the majority of the media, either directly or indirectly, are supporting. The bill has a whopping six co-sponsors, all of whom are Democrats (which is slightly surprising, as you’d think some of those Republicans who fancy themselves libertarians would get on board): John Conyers, Keith Ellison, Bob Filner, Raul Grijalva, Jesse Jackson, and Pete Stark. There are 435 members in the House of Representatives.

The bill has been sent to the House Armed Services Committee, but if you go to Govtrack.us, you’ll find this lovely annotation: “This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.”

There are those who proudly support such a policy, citing their trust in the President to decide who is worthy of life, who is worthy of a criminal trial, and who is worthy of being killed without any legal proceedings whatsoever. This is all perfectly insane, of course, but these people exist nonetheless. Illegality aside, think about the practicality of allowing such a policy.

192 people have been released from prison thanks to DNA testing. This is a staggeringly high number for many reasons. One, DNA is not widely used to help determine whether or not someone in prison is in fact guilty or innocent of the crime that they’ve spent years behind bars for, so the fact that it has been used relatively infrequently has nevertheless lead to this many people being proven falsely convicted is rather astonishing. Two, the vast majority of these innocent people went through a jury trial before a judge and twelve of their peers. They had, at the very least, a public defender. Yet the public defender was unable to establish their innocence. The twelve jurors were confident enough that they harbored no reasonable doubts as to their guilt. The judge found nothing worth setting the verdict aside for, either immediately or on appeal. Yet these men were completely innocent. Three, this figure only includes inmates from the year 2000 and onward.

Now imagine how unbelievably broken a system would be in which all of the above safe guards have been completely removed. There is no defense attorney. There is no judge. There is no jury of one’s peers required to find proof beyond a reasonable doubt. There is only one man – and he makes his decision behind closed doors with absolutely no accountability. There is no appeals process. No hope. If he decides to label you a terrorist/enemy combatant/latest euphemism designed to subvert international and domestic law/scary word, then you have been sentenced to death in absentia. And, according to this man, according to the government he runs, there is absolutely nothing that you or anyone else can do about it. The clock is ticking, and the full force of the American military is ready to rain down upon you. If that many innocent people, despite going through the elaborate process of a police investigation, the district attorney’s office, a grand jury, a jury trial, an appeals process, a governor review, can still be wrongly convicted, how in the hell can we possibly delude ourselves into thinking that an even greater percentage of innocent people won’t just be falsely convicted but murdered under this insane policy?

Perhaps we should ask the other 429 members of the House of Representatives that question.

I recently wrote about the recent Supreme Court decision allowing corporations to spend unlimited funds on behalf of political candidates here, and the desire on the part of the American government to assassinate its own citizens without charge or trial here. Below you’ll find a discussion on these subjects between Representative Dennis Kucinich and constitutional lawyer and writer Glenn Greenwald. The discussion is conducted by Amy Goodman of DemocracyNow!